Next update

All of Monday's published opinions have been posted.  Next update Wednesday night.  (Will try to list both today's and tomorrow's.)

If the crick don't rise.  

-MB

Federal Circuit -- GENARO VAZQUEZ-CLAUDIO v. SHINSEKI [OPINION]

Veteran's PTSD claim -- no error in agency holding that the list of symptoms in the regulation is more important than the listed areas in which the symptoms occur (home, work, etc.)



GENARO VAZQUEZ-CLAUDIO v. SHINSEKI [OPINION]

Tenth Circuit -- Abernathy v. Wandes

Habeas -- claim exhaustion under S2255 isn't excused by law of the case that would compel an opposite result -- it's still a legitimate procedural vehicle, so a second-or-successive isn't allowed under S2241.

(Maybe.  Entertainment purposes only, as always.)

Abernathy v. Wandes

Tenth Circuit -- Taylor v. Roswell Independent School

Bar to student-distributed anti-abortion materials upheld.

(Not overly vague, pre-approval was licit, disruption was correctly predicted, no EP, since no comparator.)

Taylor v. Roswell Independent School

Ninth Circuit -- ALLIANCE OF NONPROFITS FOR INS V. BRETT BARRATT

As state statute barring "first dollar" insurance policies issuance by entities not licensed to do business in the state does not state a policy justification for barring out-of-state entities, it is preempted by federal risk-retention organization statute.

To get fees under S1983 for a preemption claim, the entity itself must have the specific right to be free of state regulation -- zone of interests conferred by statute isn't enough.

ALLIANCE OF NONPROFITS FOR INS V. BRETT BARRATT

Ninth Circuit -- USA V. HORACIO YUMAN-HERNANDEZ

Sentencing entrapment (govt attempting to increase the mandatory minimum) can be avoided if the deft can establish either lack of intent or lack of capability.

USA V. HORACIO YUMAN-HERNANDEZ

Seventh Circuit -- Richard M. Fogel v. Ronald Shabat

Bankruptcy --  appointment of an interim trustee does not lengthen or toll the statute of limitations for filing an avoidance claim, though equitable tolling is available.

Richard M. Fogel v.   Ronald Shabat

Seventh Circuit -- USA v. Randy Meherg

Possession of cocaine and aggrivated stalking are valid ACCA predicates.  Modified categorical (PSR).

USA v.   Randy Meherg

Seventh Circuit -- NES Rentals Holdings, Incorpor v. Steine Cold Storage, Incorpora

Indemnification clause in contract not a sufficiently knowing and explicit agreement under Indiana law where the counterparty's sole negligence is excepted, but not shared negligence.

NES Rentals Holdings, Incorpor v.   Steine Cold Storage, Incorpora

Seventh Circuit -- Leon Modrowski v. John Pigatto

At summary judgment, non-movant must go beyond the pleadings to establish tenable claim -- reiterating pleadings doesn't satisfy.

Leon Modrowski v.   John Pigatto

Sixth Circuit -- USA v. City of Detroit

Unions can intervene after the court issues an order abrogating some CBA's, but the scope of intervention is limited.

Dissent -- scope issues were not briefed - better to reverse under Rule 19 -- not joining an indispensable party.

USA v. City of Detroit 

Sixth Circuit -- Mark Kerman v. CIR

Tax -- no substance to the shelter, so the penalty for understating assets applies.  Circuit split on this noted.

Mark Kerman v. CIR 

Sixth Circuit -- El Camino Resources, LTD. v. Huntington National Bank

Under Michigan law, aiding and abetting unlawful conversion requires actual knowledge, and there was no evidence that fraudster's bank had such knowledge.

Preliminary bankruptcy holding that bank had not acted in good faith not binding on the civil case at summary judgment.

El Camino Resources, LTD. v. Huntington National Bank