Short Form: Tuesday

First Circuit:

One and Ken Valley Housing v. ME State Housing Authority  -- Federal ingredient jurisdiction; state public housing authority had sufficient authority to determine variance between assisted and unassisted housing rates; simple agency calculation is sufficient deliberative process.

Second Circuit:

Hofmann v. Sender -- Hague Convention - the intent of the family to relocate to New York was conditioned upon the entire family relocating to New York; Children have not become acclimatized to NY to a degree warranting that they should remain here.

United States of America v. City of New York -- Firefighter discrimination - In responding to a pattern-or-practice claim, employer can use any evidence that tends to rebut the inference, including intent-based evidence; Decisions on qualified immunity should center on whether the willful actions of the official impacted the right, not whether their intent was demonstrably wrong; given size of city, specific evidence needed to produce genuine issue of material fact as to the mayor's role; Concur/Dissent: To rebut disparate impact claim, deft should minimize the proof, not present nondiscriminatory rationale.

SEC v. Bankosky -- SEC ban upheld.  Traditional six-factor test may be supplemented by new 9-factor test.

Fifth Circuit:

USA v. Servando Alvarado-Casas -- No clear error in acceptance of guilty plea, flawed sentencing colloquy did not influence decision to plead guilty.

Sixth Circuit:

Uwe Romeike v. Eric Holder, Jr.  -- German harassment of home-schoolers insufficient to bar deportation.

USA v. Sherry Washington  -- White collar - Money laundering, conspiracy.

Larry Crouch v. Honeywell International, Inc. 

Seventh Circuit:

Otto May, Jr. v.   Chrysler Group LLC

Ninth Circuit:

FOX INSURANCE COMPANY, INC. V. CENTERS FOR MEDICARE AND MEDIC

Tenth Circuit:

Koessel v. Sublette County Sheriff's Dept

In re: Weathersby v. 

Eleventh Circuit:

Bruce Rich v. Secretary, Florida Department of Corrections, et al.

DC Circuit:

Blue Ridge Env. Defense League v. Nuclear Regulatory Commission -- Administrative law - agency properly declined to issue EIS, given unsupported nature of complaint; intervention in hearing process properly denied.

Short on time today.  Mea maxima culpa.  Better tomorrow.

MB