Sixth - Eleventh, DC, Fed. 4/9-10

TK, tomorrow.

-MB

Fifth Circuit -- In Re: FEMA Trailer

Discretionary function exception bars tort claim suits for chemical exposure during resettlement.

In Re: FEMA Trailer

Fifth Circuit -- Hornbeck Offshore Services, et al v. Kenneth Salaz

To determine if a judicial order has been violated, courts should  look to totality of circumstances.

Hornbeck Offshore Services, et al v. Kenneth Salaz

Third Circuit -- Karim Eley v. Charles Erickson

Crim -- Sufficient evidence for participation in conspiracy.

Habeas granted for prejudice due to co-deft's confessions -- incorrect anonymization at trial.

Karim Eley v. Charles Erickson

Third Circuit -- USA v. Corbin Thomas

District courts have subject matter jurisdiction over requests for an extension of time to file a 2255 motion, even prior to the commencement of the Habeas petition -- though civil, it is a continuation of the criminal action.

USA v. Corbin Thomas

Second Circuit -- Paskar v. USDOT

As administrator's letter doesn't create a legal right, impose an obligation, or create a legal relationship, it's not a reviewable final order.

Paskar v. USDOT

Second Circuit -- Molchatsky, et al. v. United States

SEC investigations of the Madoff ponzi scheme -- Feds are immune from suit, given discretionary functions exception..

Molchatsky, et al. v. United States

Second Circuit -- JS v. T’Kach

Termination from witness protection program can't be challenged statutorily, given jurisdiction-strip --  doesn't state a claim for procedural due process either.  Error to dismiss without allowing leave to replead claims based on subsequent incidental confinement.

Concurrence in J:  The lack of a judicial remedy is troubling,.

JS v. T’Kach

First Circuit -- Guaman v. Holder, Jr.

Immigration --- substantial evidence for adverse finding on credibility of petitioner.  Inconsistencies not due to PTSD/bad translation.

Guaman v. Holder, Jr. 

First Circuit -- Medina-Rivera v. MVM, Inc.

Title VII -  summary judgment for gender discrimination upheld.

No obligation on federal courts to follow Puerto Rico standards on summary judgment.

Medina-Rivera v. MVM, Inc.