Eleventh Circuit -- Miccosukee Tribe of Indians of Florida v. USA, et al.

Complaint sub-Iqbal in clarity, but can be sufficiently assessed for appellate review.

Easements outside of trial record cannot be basis for claim of improper regulatory action.

Corps cannot take tribal interests in land without Due Process.

Due Process claim dispositively marred by vagueness, ambiguity, citing of wrong Amendment.


Miccosukee Tribe of Indians of Florida v. USA, et al.

Ninth Circuit -- NICKLOS CIOLINO V. THEODORE FRANK

Under CAFA, court can't award lodestar fees for any portion of the recovery which is in the form of coupons to class members without first assessing the value of the coupons.

Dissent:  This provision of CAFA only applies to non-lodestar (percentage) fees.

NICKLOS CIOLINO V. THEODORE FRANK

Ninth Circuit -- VICTOR TAPIA MADRIGAL V. ERIC HOLDER, JR.

Immigration -- actions in foreign country should be assesed in their totality when assessing persecution.

Although being a former narcotics law enforcement officer doesn't qualify as a political belief, it does qualify as a social group.

VICTOR TAPIA MADRIGAL V. ERIC HOLDER, JR.

Ninth Circuit -- CAHTO TRIBE OF THE LAYTONVILLE V. AMY DUTSCHKE

No APA appeal possible to BIA on dis-enrollment from Indian tribe, as the tribal constitution only allows for  review of denial of membership.

CAHTO TRIBE OF THE LAYTONVILLE V. AMY DUTSCHKE

Seventh Circuit -- USA v. Ron Collins

Sufficient foundation for taped phone calls, as there was custody and control of the tapes after they arrived from the informant in Mexico.  Gaps in custody go to weight, not admissibility.

Law enforcement expert testimony at trial as to the argot on the tapes did not impermissibly go to intent.

Manager/supervisor sentencing bump upheld, as there were minions involved.

USA v.   Ron Collins

Fifth Circuit -- Reynaldo Ramirez v. Jim Wells County, Texas

Qualified immunity for policemen on false arrest claim, as arrest (mit taser) was justified due to the resisting of arrest (pulling arm out of policemen's grasp).

Excessive force claim survives, as the plaintiff apparently didn't resist after the arm-pull and before being tasered while lying on the ground, handcuffed.

Dissent: The policeman might have thought that the plaintiff was planning to resist arrest at some point in the future.

Reynaldo Ramirez v. Jim Wells County, Texas

Fifth Circuit -- Wellogix, Inc. v. BP America, Inc.

Violation of trade secret finding upheld.  Court hints that after PF case is established for the existence of the secret, burden is on the deft to prove that prior public patents were sufficient prior disclosure.

Expert was sufficiently qualified as general computer expert to testify to existence of the trade secret -- no experience needed in the specific industry.

Documents properly allowed, despite possibility that they led to improper basis for verdict.

No Due Process violation in lack of remitteur for punitive damages, as they were under the compensatory damages.

Wellogix, Inc. v. BP America, Inc.

Fourth Circuit -- Ohio Valley Environmental Coalition v. US Army Corps of Engineers

Agency took a sufficiently hard look.

Concurrence: Reversing substantive decisions on hard look review encourages agency opacity.

Ohio Valley Environmental Coalition v. US Army Corps of Engineers

Fourth Circuit -- Jerome Williams v. Jon Ozmint

S1983 -- qualified immunity to prison officials, as there is no constitutional right to inmate visitation.

Not exempt from mootness considerations as capable of repetition & evading review as further invocation of the policy can only happen from inmate misconduct.

Jerome Williams v. Jon Ozmint

Third Circuit -- Robert Lassiter v. City of Philadelphia

No error in trial court raising statute of limitations defense sua sponte in early trial management proceeding and allowing deft to amend pleading.

Robert Lassiter v. City of Philadelphia

Second Circuit -- United States v. Rodriguez

Within-guidelines sentence held substantively reasonable -- deft had argued that it should have run concurrently or partially concurrently with state term.

United States v. Rodriguez

Second Circuit -- Commonwealth of the Northern Mariana Islands v. Canadian Imperial Bank of

Brief per curiam opinion based on answers to questions certified to New York.  Relevant answer: turnover orders can't be directed to parent companies, as the relevant statute discusses possession of the asset, not control of the asset.

Commonwealth of the Northern Mariana Islands v. Canadian Imperial Bank of

Second Circuit -- Ransmeier v. UAL Corporation, et al.

Double costs sanction against attorney and client for Motion for Recusal held to be antisemitic in character.  Client sanctioned as well, given experience in litigation and close work on the brief.

Ransmeier v. UAL Corporation, et al.