Next post Monday

Again, apologies for the lack of summaries.

-MB

Tuesday/Wednesday/Thursday - Links Only

First Circuit:

2013/08/21	11-2130P.01A	11-2130	US v. McDonough     District of Massachusetts, Boston
2013/08/21	11-2130P.01A	11-2163	US v. DiMasi     District of Massachusetts, Boston
2013/08/21	12-1022P.01A	12-1022	Ortiz-Bonilla v. Federacion de Ajedrez de PR     District Court of Puerto Rico, San Juan
2013/08/21	12-2018P.01A	12-2018	Guerrero v. Holder, Jr.     Board of Immigration Appeals (BIA)
2013/08/22	12-2523E.01A	12-2523	Ballardo Castro v. Holder     Board of Immigration Appeals (BIA)

Second Circuit:

09-2778-cv(L)

Balintulo v. Daimler AG

08-21-2013

OPN

12-4030

Unclaimed Property Recovery Service, Inc. v. Kaplan

08-20-2013

OPN

12-2843-cr

United States v. Stokes

08-20-2013

OPN

Third Circuit:

Filed 08/22/13, No. 12-2823
Ashley Gager v. Dell Fin Ser
USDC for the Middle District of Pennsylvania

Filed 08/21/13, No. 12-3864
Tarik Rachak v. Attorney General United States
Agency

Filed 08/21/13, No. 12-2621
Gabriel Carrera v. Bayer Corp
USDC for the District of New Jersey

Filed 08/21/13, No. 12-2621
Gabriel Carrera v. Bayer Corp
USDC for the District of New Jersey

Filed 08/21/13, No. 12-2012
USA v. Robert Stinson, Jr.
USDC for the Eastern District of Pennsylvania

Filed 08/21/13, No. 11-4406
USA v. EME Homer City Generation, L.P
USDC for the Western District of Pennsylvania

Filed 08/20/13, No. 12-4216
Kristie Bell v. Cheswick Generating Station Ge
USDC for the Western District of Pennsylvania

Filed 08/20/13, No. 12-2059
Trinity Ind Inc v. Chicago Bridge & Iron Company
USDC for the Western District of Pennsylvania

Fourth Circuit:

136254.P Gordon Miller v. US (Floyd 08/21/2013) 
Published opinion after argument: Vacated and remanded 
Habeas Corpus-Federal (WDNC Conrad) 
________________________________

Fifth Circuit:

07-70031	8/21/2013	Nelson Gongora v. Rick Thaler, Director
08-70015	8/21/2013	Scott Panetti v. William Stephens, Director
08-70016	8/21/2013	Scott Panetti v. William Stephens, Director
11-50932	8/21/2013	Department of Texas, et al v. Texas Lottery Commis
12-10677	8/21/2013	Liberty Mutual Insurance Co. v. USA by Lamesa Nati
12-20314	8/21/2013	USA, ex rel. Leslie Steury v. State of California,
12-20430	8/20/2013	USA v. Ade Lawrence, et al
12-40530	8/21/2013	USA v. Jose Garza
13-30094	8/21/2013	Diamond Young, et al v. USA

Sixth Circuit:

13a0238p.06	10-2537	2013/08/20	In re: Cyberco Holdings v.     U.S. Bankruptcy Court - Grand Rapids
13a0239p.06	12-4508	2013/08/20	USA v. Damon Joiner     Northern District of Ohio at Cleveland
13a0240p.06	11-3217	2013/08/20	USA v. Thomas Greco, Jr.     Northern District of Ohio at Cleveland
13a0241p.06	12-3166	2013/08/20	USA v. Terrance Walker     Southern District of Ohio at Cincinnati
13a0241p.06	12-3167	2013/08/20	USA v. Terrance Walker     Southern District of Ohio at Cincinnati
13a0243p.06	13-0101	2013/08/20	Dwayne Miedzianowski v. City of Clare     Eastern District of Michigan at Bay City
13a0244p.06	12-2536	2013/08/21	American Civil Liberties Union v. FBI     Eastern District of Michigan at Detroit

Seventh Circuit:

11-3086	Miguel Rosiles-Camarena v.   Eric Holder, Jr.	agency	08/21/2013	Final  Opinion	Easterbrook
12-1349	Richard Sharif v.   Wellness International Networ	bankruptcy from  district court	08/21/2013	Final  Opinion	Tinder
12-1988	TKK USA, Incorporated v.   Safety National Casualty Corp	civil	08/21/2013	Final  Opinion	Hamilton
12-2091	TKK USA, Incorporated v.   Safety National Casualty Corp	civil	08/21/2013	Final  Opinion	Hamilton
12-2540	Louis Capra v.   Cook County Board of Review	civil	08/21/2013	Final  Opinion	Hamilton
12-2848	Satkar Hospitality, Incorporat v.   Cook County Board of Review	civil	08/21/2013	Final  Opinion	Hamilton
12-3116	Satkar Hospitality, Incorporat v.   Larry Rogers	civil	08/21/2013	Final  Opinion	Hamilton
12-3294	Scottie Pippen v.   NBCUniversal Media LLC	civil	08/21/2013	Final  Opinion	Easterbrook
12-2357	Ronald McElvaney v.   William Pollard	prisoner	08/20/2013	Final  Opinion	Bauer
12-2709	Jaclyn Currie v.   Jogendra Chhabra	civil	08/20/2013	Final  Opinion	Wood

Eighth Circuit:

122111P.pdf   08/20/2013  NLRB  v.  Relco Locomotives
   U.S. Court of Appeals Case No:  12-2111
                          and No:  12-2203
                          and No:  12-2447
                          and No:  12-2503
   National Labor Relations Board    
   [PUBLISHED] [Murphy, Author, with Wollman and Smith, Circuit Judges] 
   Petition for Review - NLRB. In petition for review of two NLRB 
   proceedings, RELCO Locomotives seeks review of two NLRB orders finding it 
   unlawfully discharged a total of eight workers for engaging in protected 
   labor activities and ordering reinstatement. Upon review of each 
   employee's termination, substantial evidence supports the Board's labor 
   law conclusions. After initial briefing RELCO raised issue challenging the 
   Board's composition and claiming three members had been appointed in 
   violation of the recess appointments clause of the U.S. Constitution. 
   RELCO waived its challenge to the Board's composition because it did not 
   raise the issue before the Board and therefore 29 U.S.C. sec. 160(e) bars 
   this court from considering the issue. In addition, because the Board's 
   decision was not "patently . . . outside the orbit" of the Board's 
   authority nor were there any new developments of fact or law unavailable 
   to RELCO during the original Board hearing, this case did not present 
   extraordinary circumstances required for this court to reach the 
   unpreserved argument. Judge Smith dissents on the recess appointment 
   issue. 
  
123077P.pdf   08/20/2013  Joseph H. Page  v.  Farm Credit Services, etc.
   U.S. Court of Appeals Case No:  12-3077
                          and No:  12-3078
   U.S. District Court for the District of Nebraska - Omaha    
   [PUBLISHED] [Melloy, Author, with Chief Judge Riley and Shepherd, Circuit 
   Judges] 
   Civil Case - Diversity - tort. Amended counterclaims asserting negligence, 
   negligent misrepresentation, and breach of duty of fair dealing against 
   Farm Credit Services of America by owners of Big Drive Cattle, LLC were 
   properly dismissed. The negligence claim failed to assert any plausible 
   duty requiring Farm Credit to provide them with accurate reports on the 
   loan collateral; the negligent misrepresentation claim failed for lack of 
   assertion of intent; and the breach of duty of good faith and fair dealing 
   failed to plead sufficient specific facts to establish damages. 

136016P.pdf   08/21/2013  Chelsea Conway  v.  National Collegiate Trust
   U.S. Court of Appeals Case No:  13-6016
   U.S. Bankruptcy Court for the Eastern District of Missouri - St. Louis    
   [PUBLISHED] [Saladino, Author, with Kressel and Shodeen, Bankruptcy 
   Judges] 
   Bankruptcy Appellate Panel. Bankruptcy court erred in determining debtor's 
   student loans were not dischargeable as she established that her past and 
   present financial resources have been and are presently clearly 
   insufficient to service the entire debt while maintaining a minimum 
   standard of living, and there is no evidence to show she may have the 
   possibility of earning a higher income in the future; as a result, the 
   matter must be remanded to the bankruptcy court to determine whether 
   debtor's present disposable income, if any, over the course of an entire 
   year is sufficient to service any of the individual loan payments due NCT. 
  
136031P.pdf   08/21/2013  Patriot Coal Corporation  v.  Peabody Holding Company
   U.S. Court of Appeals Case No:  13-6031
   U.S. Bankruptcy Court for the Eastern District of Missouri - St. Louis    
   [PUBLISHED] [Kressel, Author, with Federman, Chief Judge, and Shodeen, 
   Bankruptcy Judges] 
   Bankruptcy Appellate Panel. While Heritage Coal's rejection of its 
   collective bargaining agreement relieves it of its contractual obligation 
   to pay benefits, it still has a statutory obligation to pay those 
   benefits, at least until all of the steps of Section 1114 are complied 
   with; upon rejection of a "me too" agreement under Section 1113, absent 
   modification under Section 1114, Heritage was required to comply with the 
   terms of the individual employer plan and provide its retirees those plan 
   defined benefits; here, neither Heritage nor the United Mine Workers 
   requested a modification under Section 1114; Peabody Holding's obligation 
   for benefits is also undisturbed. 

113616P.pdf   08/22/2013  WFC Holdings Corporation  v.  United States
   U.S. Court of Appeals Case No:  11-3616
   U.S. District Court for the District of Minnesota - Minneapolis    
   [PUBLISHED] [Smith, Author, with Wollman and Murphy, Circuit Judges] 
   Civil case - Federal Tax. Judgment of the district court, which held WFC 
   was not entitled to a tax refund for a capital loss it claimed as a result 
   of a complex transfer of leases and the sale of stock, is affirmed as WFC 
   failed to adequately show that the transaction had either objective 
   economic substance or a subjective, non-tax business purposes. 

Ninth Circuit:

RUSAK V. HOLDER
08-70746
Board of Immigration Appeals
Agency
08/22/2013
USA V. SAMUEL COHEN
12-10240
San Francisco District Court
Criminal
08/22/2013
CAMERON REED V. USA
12-10420
Las Vegas District Court
Criminal
08/22/2013
PLANNED PARENTHOOD ARIZONA INC V. TOM BETLACH
12-17558
Phoenix District Court
Civil
08/22/2013
ANGELO DAHLIA V. OMAR RODRIGUEZ
10-55978
Los Angeles District Court
Civil
eb
08/21/2013
JACQLYN SMITH V. CLARK COUNTY SCHOOL DISTRICT
11-17398
Las Vegas District Court
Civil
08/21/2013
MICHELLE RICHARDS V. ERNST & YOUNG, LLP
11-17530
San Jose District Court
Civil
08/21/2013
WILLIAM JIMENEZ BOLANOS V. ERIC HOLDER, JR.
11-72605
Board of Immigration Appeals
Agency
08/21/2013
DUENAS-ALVAREZ V. HOLDER
04-74471
Board of Immigration Appeals
Agency
08/20/2013
USA V. DAMIEN ZEPEDA
10-10131
Phoenix District Court
Criminal
o
08/20/2013
CARPENTERS PENSION TRUST FUND V. MICHAEL MOXLEY
11-16133
San Francisco District Court
Bankruptcy
08/20/2013



Tenth Circuit:

Nothing published today, other days unknown.

Eleventh Circuit:


Cathy Jackson-Platts v. General Electric Capital Corporation
11-14379
8:10-cv-02937-VMC-TGW
08-22-2013
NEW
view

USA v., Alexander McQueen, et al
12-10840
1:11-cr-20393-CMA-1
08-22-2013
NEW
view

Nicole Maddox v. Babette Stephens
12-15237
1:10-cv-02742-AT
08-21-2013
NEW
view

J.R. v. Michael Hansen
12-14212
4:11-cv-00417-WS-CAS
08-20-2013
CER
view

USA v. Kareen Rasul Griffin
11-15558
3:11-cr-00124-RBD-MCR-1
08-20-2013
ORD
view



DC Circuit:




11-1131National Association of Clean Water Agencies v. EPA

 08/20/2013

11-5316Conservation Force, Inc. v. Sally Jewell

 08/20/2013






 Federal Circuit:



KAPLAN v. CONYERS [OPINION]