No update tomorrow

Friday's posted on Saturday.

-MB

Fourth Circuit -- US v. Trino Medina-Campo

Sentencing -- whether solicitation is a qualifying prior for a certain enhancement.

US v. Trino Medina-Campo

Federal Circuit -- K-TECH v. TIME WARNER CABLE & DIRECTV [OPINION]

Patent pleading standards.


K-TECH v. TIME WARNER CABLE & DIRECTV [OPINION]

Federal Circuit -- MARIE CONFORTO v. MSPB [OPINION]

Agency correctly held that it did not have jurisdiction over claim, as petitioner did not establish that she was forced to retire.

Dissent: No jurisdiction for Court in mixed-motive cases.


MARIE CONFORTO v. MSPB [OPINION]

Ninth Circuit -- USA V. MICHAEL BARNES

Parole hearing was sufficiently custodial as to extrinsic matter to trigger Miranda protections.

Agents inappropriately delayed giving the warnings.  ("Two-step")

Admission of confession not harmless error.

USA V. MICHAEL BARNES

Ninth Circuit -- USA V. MARIANO ANGUIANO-MORFIN

Jury instruction that translates statutory requirement of willfulness with "voluntary and deliberate" passes muster.

No plain error in prosc. questioning of defense expert witness as to the veracity of deft, given that the expert's conclusions implicated deft's veracity.

USA V. MARIANO ANGUIANO-MORFIN

Eighth Circuit - -David Heide v. David Juve

Bankruptcy --

After initial agreement, there was no implicit affirmation of solvency and terms with each re-extension of credit sufficient to constitute a fraudulent representation that would except the loan from dischargeability.

The deal made in Vegas to buy used cars was a one-off between the two parties, and therefore a personal debt.

David Heide v. David Juve

Seventh Circuit -- USA v. Johnnie Collins

Excessive force during the arrest still not a reason to exclude the evidence in the Seventh Circuit.

USA v.   Johnnie Collins

Sixth Circuit -- USA v. Kenneth Rose

Fourth Amendment --

Warrant resulting from an affidavit that omitted the deft's address is valid under the good faith exception.

No error in denial of Franks hearing requested because of  inconsistencies in witness statements -- the underlying events have been proven by other evidence.

Pr0n statute still valid under interstate commerce power.

USA v. Kenneth Rose 

First Circuit -- Rocket Learning, Inc. v. Rivera-Sanchez

Qualified immunity for gov't official who issued standards for education providers.

Insufficient proof of bad faith for equal protection challenge to allegedly discriminatory rulemaking.

Relevant certification is not a license, so insufficient property interest for a procedural due process claim.

No commercial free speech claim based on providers' inability to sufficiently tout their products.

Rocket Learning, Inc. v. Rivera-Sanchez 

First Circuit -- Johnson v. University of Puerto Rico

Discrimination / Title VII

A Ph.D is a facially reasonable and legitimate requirement for a tenure-track position at a university.

Johnson v. University of Puerto Rico 

First Circuit -- Woodward v. Emulex Corporation

FRCP -- Age discrimination suit.

Motion to compel was duplicative of information requested elsewhere.  Interrogatories similarly properly limited.

No error in quashing of depositions, given lack of notice.

Layoff not pretextual, as the company's limitation of sales in the area was a signal of reduced commerce, not an attempt to minimize the employee's role.

No valid comparators (or "congeners").

Corporate statements not proof of animus.

Woodward v. Emulex Corporation 

First Circuit -- US v. Whitlow

Offender registration --

Delegation to the AG of rulemaking power on retroactivity was constitutional.

Agency notice-and-comment did not assume the result.

Obligation under the Act to register isn't contingent on the mandate being made retroactive by the registering state.

US v. Whitlow 

First Circuit -- US v. Zehrung

Sentencing -- trial court insufficiently explained justification for sentencing enhancement based on the deft's official position, given that discretion and control are different things.

US v. Zehrung