First Circuit:
| 2013/08/28 | 12-1063P.01A | 12-1063 | Aguirre v. Holder Board of Immigration Appeals (BIA) |
| 2013/08/28 | 12-1679P.01A | 12-1679 | Dorpan, S.L. v. Hotel Melia, Inc. District Court of Puerto Rico, San Juan |
| 2013/08/30 | 12-1269P.01A | 12-1269 | Soto-Hernandez v. Holder, Jr. Board of Immigration Appeals (BIA) |
| 2013/08/30 | 12-1517P.01A | 12-1517 | Agyei v. Holder Board of Immigration Appeals (BIA) |
| 2013/08/30 | 12-2284P.01A | 12-2284 | French v. The Bank of New York Mellon District Court of New Hampshire, Concord |
| 2013/08/30 | 12-2495P.01A | 12-2495 | Awuah v. Coverall North America, Inc. District of Massachusetts, Boston |
Second Circuit:
| Seybout v. Holder | 09-03-2013 | SUM |
| Musco Propane, LLP v. Town of Wolcott Planning and Zoning Comm’n, et al. | 09-03-2013 | SUM |
| Shalamberidze v. Holder | 09-03-2013 | SUM |
| Basile v. Connolly | 09-03-2013 | SUM |
| Lin v. Holder | 09-03-2013 | SUM |
| United States v. Escalera | 09-03-2013 | SUM |
| Shibeshi v. City Univ. of N.Y. | 09-03-2013 | SUM |
| Bender v. Lowe | 09-03-2013 | SUM |
| Leslie v. Holder | 08-30-2013 | SUM |
| Lin v. Holder | 08-30-2013 | SUM |
| Mitchell v. Con Edison | 08-30-2013 | SUM |
| Padilla v. Holder | 08-30-2013 | SUM |
| Diallo v. Holder | 08-30-2013 | SUM |
| Lin v. Holder | 08-30-2013 | SUM |
| Du v. Holder | 08-30-2013 | SUM |
| Ilunga v. Holder | 08-30-2013 | SUM |
| Merrill Lynch Capital Services, Inc. v. UISA Finance, USINAS Itamarati S.A. | 08-30-2013 | SUM |
| United States v. Morin | 08-30-2013 | SUM |
| Shibeshi v. City Univ. of N.Y. | 08-29-2013 | SUM |
| Mitchell v. Faulkner | 08-29-2013 | SUM |
Third Circuit:
Filed 09/03/13, No. 12-3575
USA v. Antonio Figueroa
USDC for the District of New Jersey
Filed 09/03/13, No. 12-2736
SemCrude LP v.
USDC for the District of Delaware
Filed 09/03/13, No. 12-2073
Bernardo Castillo v. Attorney General United States
Agency
Filed 09/03/13, No. 10-3218
Deborah Klein v. Douglas Weidner
USDC for the Eastern District of Pennsylvania
Filed 08/30/13, No. 12-4027
William Keitel v. Joseph Mazurkiewicz
USDC for the Western District of Pennsylvania
Filed 08/29/13, No. 12-1486
USA v. Terrell Davis
USDC for the Eastern District of Pennsylvania
Filed 08/27/13, No. 12-2808
In Re: RCS Capital Development v.
USDC for the District of Delaware
Filed 08/27/13, No. 12-2736
SemCrude LP v.
USDC for the District of Delaware
Fourth Circuit:
121537.P Town of Nags Head v. Matthew Toloczko (Diaz 08/27/2013)
Published opinion after argument: Reversed and remanded
Civil Private (EDNC Dever)
________________________
(Apparently takes the "Not Needing to Clear the Decks at Summer's End" Prize. MB)
Fifth Circuit:
| 11-31049 | 8/28/2013 | USA v. Renee Pratt |
| 12-10312 | 8/28/2013 | Natasha Whitley v. John Hanna, et al |
| 12-20294 | 8/27/2013 | Carol Cantrell, et al v. Briggs & Veselka Company |
| 12-30230 | 8/29/2013 | In Re: Deepwater Horizon |
| 12-30890 | 8/30/2013 | USA v. Craig Nash |
| 12-40085 | 8/27/2013 | Pilgrim's Pride Corporation v. Gary Agerton, et al |
| 12-40244 | 8/29/2013 | USA v. Juan De Leon, Jr. |
| 12-41262 | 8/28/2013 | Philip Davis, et al v. Signal Intl Texas GP, L.L.C |
| 12-60005 | 8/29/2013 | USA v. Antonio Hughes |
| 12-60547 | 8/30/2013 | Khagendra Sharma v. Eric Holder, Jr. |
| 13-70007 | 8/30/2013 | Jessie Hoffman v. Bobby Jindal, et al |
Sixth Circuit:
| 13a0249p.06 | 11-3024 | 2013/08/26 | John Drummond v. Marc Houk Northern District of Ohio at Youngstown |
| 13a0249p.06 | 11-3039 | 2013/08/26 | John Drummond v. Marc Houk Northern District of Ohio at Youngstown |
| 13a0250p.06 | 11-3449 | 2013/08/26 | James O'Neal v. Margaret Bagley Southern District of Ohio at Cincinnati |
| 13a0251p.06 | 11-6311 | 2013/08/26 | USA v. Felix Booker Eastern District of Tennessee at Knoxville |
| 13a0252p.06 | 12-2434 | 2013/08/26 | Dimitrios Papas v. Buchwald Capital Advisors, LLC Eastern District of Michigan at Detroit |
| 13a0253p.06 | 12-6043 | 2013/08/27 | USA v. Sam Droganes Eastern District of Kentucky at Covington |
| 13a0253p.06 | 12-6144 | 2013/08/27 | USA v. Sam Droganes Eastern District of Kentucky at Covington |
| 13a0254a.06 | xx-xxxx | 2013/08/27 | USA v. John Doe Northern District of Ohio at Youngstown |
| 13a0255p.06 | 12-6122 | 2013/08/28 | Kenneth Seaton v. TripAdvisor LLC Eastern District of Tennessee at Knoxville |
| 13a0256p.06 | 12-3433 | 2013/08/29 | USA v. Demario Denson Northern District of Ohio at Cleveland |
| 13a0257p.06 | 12-1427 | 2013/09/03 | USA v. Theodore Stewart Eastern District of Michigan at Detroit |
| 13a0258p.06 | 10-2571 | 2013/09/03 | Rebecca Jasinski v. Sheri Tyler Western District of Michigan at Grand Rapids |
Seventh Circuit:
| 12-2383 | Riley J. Wilson v. Career Education Corporation | civil | 08/30/2013 | Final Opinion | Darrow concurs |
| 12-2383 | Riley J. Wilson v. Career Education Corporation | civil | 08/30/2013 | Final Opinion | Hamilton concurs and dissents |
| 12-2383 | Riley J. Wilson v. Career Education Corporation | civil | 08/30/2013 | Final Opinion | PerCuriam |
| 12-2383 | Riley J. Wilson v. Career Education Corporation | civil | 08/30/2013 | Final Opinion | Wood concurs and dissents |
| 12-3596 | USA v. Farshad Ghiassi | criminal | 08/30/2013 | Final Opinion | Rovner |
| 13-1256 | USA v. Darius Howard | criminal | 08/30/2013 | Final Opinion | Hamilton |
| 12-3041 | Sharon Laskin v. Veronica Siegel | civil | 08/29/2013 | Final Opinion | Bauer |
| 12-3099 | Gilbert Aponte v. City of Chicago | civil | 08/29/2013 | Final Opinion | Tinder |
| 12-3153 | Sharon Laskin v. Veronica Siegel | civil | 08/29/2013 | Final Opinion | Bauer |
| 12-3299 | USA v. Norma Leonard-Allen | criminal | 08/29/2013 | Rehearing Denial Order Correcting Opinion | PerCuriam |
| 12-3663 | USA v. Walter Stern , III | criminal | 08/29/2013 | Rehearing Denial Order Correcting Opinion | PerCuriam |
| 12-3671 | Toby T. Watson v. Jennifer King-Vassel | civil | 08/28/2013 | Final Opinion | Kanne |
| 12-3858 | Yohan Salim v. Eric Holder, Jr. | agency | 08/28/2013 | Final Opinion | Williams |
| 12-1632 | USA v. Chad Iacona | criminal | 08/27/2013 | Final Opinion | Rovner |
| 12-1930 | USA v. Lazaro Medina | criminal | 08/27/2013 | Final Opinion | Darrow |
| 12-2738 | Sara Bridewell v. Kevin Eberle | civil | 08/27/2013 | Final Opinion | Easterbrook |
| 12-2738 | Sara Bridewell v. Kevin Eberle | civil | 08/27/2013 | Final Opinion | Wood concurs |
Eighth Circuit:
121720P.pdf 08/30/2013 American River Transportation v. United States, Corp of Eng U.S. Court of Appeals Case No: 12-1720 U.S. District Court for the Eastern District of Missouri - St. Louis [PUBLISHED] [Wollman, Author, with Riley, Chief Judge, and Melloy, Circuit Judge] Civil case - Admiralty. Because the United States chose to appear in the limitation action to contest the complaint filed by American River Transportation, it was required to show that it had the requisite standing to do so; here, the government did not have statutory standing because it failed to file a claim in accordance with Federal Rule of Civil Procedure Supplemental Rule F(5), which creates statutory standing requirements for challenging limitations actions; therefore, because the government was without standing, the district court erred by entertaining the government's motion to dismiss the limitation complaint, and the order dismissing the complaint is reversed. Chief Judge Riley, dissenting. 123090P.pdf 08/30/2013 ABF Freight System v. IBT U.S. Court of Appeals Case No: 12-3090 U.S. District Court for the Western District of Arkansas - Ft. Smith [PUBLISHED] [Benton, Author, with Riley, Chief Judge, and Bye, Circuit Judges] Civil case - Labor law. For the court's prior opinion in the matter, see ABF Freight Systems, Inc. v. Int'l Bhd. of Teamsters, 645 F.3d 954 (8th Cir. 2011). The district court did not err in denying ABF's request to appoint a disinterested tribunal to hear its grievance as the rules of the National Grievance Committee provide a solution for the conflict ABF alleges precludes the Committee from hearing the grievance and any action for modifying the rules on this question is an issue for the Committee; the district court correctly determined that it could not rule directly on ABF's claim that the National Master Freight Agreement had been violated based on ABF's argument that the grievance resolution process was not available or futile; nor did defendants waive the grievance procedure and elect to pursue the matter in court as their initial motions to dismiss did not substantially invoke the litigation machinery. 123161P.pdf 08/30/2013 Cynthia Roers v. Countrywide Home Loans, Inc. U.S. Court of Appeals Case No: 12-3161 and No: 12-3252 U.S. District Court for the District of Minnesota - Minneapolis [PUBLISHED] [Bye, Author, with Loken and Beam, Circuit Judges] Civil case - Mortgages. The district court erred in granting the defendant lender summary judgment on plaintiffs' claim for rescission of the three mortgage agreements involving Cynthia Roers' nonmarital property as there were genuine questions of fact as to whether there was a mutual mistake of material fact concerning the property covered by the mortgages and whether the mistake adversely affected the plaintiffs; the court did not err in finding for defendants on plaintiffs' claims for negligent misrepresentation and breach of fiduciary duty. 123565P.pdf 08/30/2013 Cindy Adair v. ConAgra Foods U.S. Court of Appeals Case No: 12-3565 U.S. District Court for the Western District of Missouri - Kansas City [PUBLISHED] [Colloton, Author, with Melloy and Shepherd, Circuit Judges] Civil case - Fair Labor Standards Act. The time plaintiffs spent donning and doffing uniforms was excluded by agreement from the hours for which they are employed, and since that time is not a covered part of the workday, it follows that time spent walking between the clothes-changing station and the time clock is not a part of the workday and workweek for which the employer is liable to pay overtime compensation. [ August 29, 2013 ] 121752P.pdf 08/29/2013 Land O'Lakes, Inc. v. Employers Insurance Company U.S. Court of Appeals Case No: 12-1752 U.S. District Court for the District of Minnesota - Minneapolis [PUBLISHED] [Smith, Author, with Melloy and Benton, Circuit Judges] Civil case - Insurance. District court did not err in concluding that a letter the EPA sent the insured in 2011 informing it that the EPA considered it a Potentially Responsible Party in connection with an environmental cleanup constituted a suit for purposes of determining whether the insured's breach of contract action against the insurer was barred by the applicable statute of limitations; the insured's costs to remediate the site fall within the "owned-property" exclusion in the policy at issue. 136037P.pdf 08/29/2013 Legendary Stone Arts, LLC v. Wendell Maness U.S. Court of Appeals Case No: 13-6037 U.S. Bankruptcy Court for the Western District of Missouri - Kansas City [PUBLISHED] [Saladino, Author, with Kressel and Shodeen, Bankruptcy Judges] Bankruptcy Appellate Panel. Legendary met its burden of showing that its contacts with police and prosecutors were not an attempt to collect a debt from the debtor in violation of the automatic stay; this shifted the burden of proof to debtors to show that it was, and they failed to present sufficient evidence to show that Legendary's intent in pursuing their criminal prosecution was to collect a debt. [ August 28, 2013 ] 122984P.pdf 08/28/2013 United States ex rel. Newell v. City of St. Paul U.S. Court of Appeals Case No: 12-2984 and No: 12-3894 U.S. District Court for the District of Minnesota - Minneapolis [PUBLISHED] [Loken, Author, with Bright and Bye, Circuit Judges] Civil case - False Claims Act. In action alleging the City of St. Paul obtained grants from the U.S. Department of Housing and Urban Development by falsely certifying compliance with Section 3 of the Housing and Urban Development Act of 1968, the district court did not err in dismissing the action for lack of subject matter jurisdiction as plaintiff was not the original source of fraud allegations whiche were based on publicly disclosed information; district court did not abuse its discretion by denying plaintiff's Rule 60(b) motion. 123250P.pdf 08/28/2013 Ebony Jackman v. Fifth Judicial District U.S. Court of Appeals Case No: 12-3250 U.S. District Court for the Southern District of Iowa - Des Moines [PUBLISHED] [Beam, Author, with Murphy and Bye, Circuit Judges] Civil case - Employment discrimination. Plaintiff did not establish a prima facie case of sex and race discrimination because she cannot show, as a matter of law, that she suffered an adverse employment action when she did not suffer termination, a cut in pay or benefits or changed job duties or responsibilities; on plaintiff's claim of hostile work environment, the conduct plaintiff complained of did not affect a term, condition or privilege of employment and was not so severe or pervasive as to constitute actionable discrimination. 123436P.pdf 08/28/2013 United States v. Gene Jirak U.S. Court of Appeals Case No: 12-3436 U.S. District Court for the Northern District of Iowa, Waterloo [PUBLISHED] [Beam, Author, with Shepherd and Melloy, Circuit Judges] Criminal case - Criminal law and sentencing. Evidence was sufficient to support defendant's convictions for making a false claim, uttering a forged treasury check, mail fraud and aggravated identity theft; even assuming, without holding, that reliance on an expert tax preparer is a valid defense to crimes charged under 18 U.S.C. Sec. 287, defendant was not entitled to introduce such evidence because the advice he relied was not from an expert tax preparer, attorney or accountant; district court did not abuse its discretion in denying multiple pro se motions for continuance; there was a discrepancy between the oral pronouncement concerning family contact and the written special conditions of supervised release contained in the judgment, and the matter is remanded so that the district court can conform the written sentence to its oral pronouncement. 123734P.pdf 08/28/2013 Charles Inechien v. Nichols Aluminum, LLC U.S. Court of Appeals Case No: 12-3734 U.S. District Court for the Southern District of Iowa - Davenport [PUBLISHED] Kelly, Author, with Riley, Chief Judge, and Melloy, Circuit Judge] Civil case - Labor Law. The Union had reasons to believe that arbitration of an issue regarding scheduled rest breaks would not be successful, and its decision not to pursue a grievance was not arbitrary or a breach of its duty of fair representation; since summary judgment in favor of the Union was properly granted, summary judgment in favor of the employer was also proper. [ August 27, 2013 ] 122821P.pdf 08/27/2013 United States v. James Miller U.S. Court of Appeals Case No: 12-2821 U.S. District Court for the Southern District of Iowa - Davenport [PUBLISHED] [Phillips, Author, with Loken and Gruender, Circuit Judges] Criminal case - Criminal law. The district court did not err by not conducting a third Faretta inquiry, as the district court had rigorously complied with Faretta's requirements at the first two inquiries and defendant's statements during closing argument did not show changed circumstances necessitating another hearing; evidence was sufficient to support defendant's convictions for making false claims against the United States. 123080P.pdf 08/27/2013 United States v. Donald Washburn U.S. Court of Appeals Case No: 12-3080 U.S. District Court for the Northern District of Iowa - Cedar Rapids [PUBLISHED] [Beam, Author, with Shepherd and Melloy, Circuit Judges] Criminal case - Criminal law and sentencing. The district court did not err under Rule 410 in admitting defendant's plea agreement stipulation of facts as the plea agreement specifically stated the stipulation could be admitted if defendant violated the plea agreement and this was a knowing and voluntary waiver of his rights; nor did the court err under Rule 403, as defendant failed to show how he was prejudiced by admission of the stipulation and never requested any limiting instruction or made any objection to the instructions relevant to this claim; no error in denying defendant's motion to sever the financial counts from charges related to making false statements to the Probation Office; defendant failed to demonstrate that his trial counsel had a conflict of interest; court would not consider the claim as an ineffective assistance of counsel claim as it was not fully developed enough to permit review; district court did not err in finding defendant voluntarily absented himself from court on the day of closing arguments and did not err in continuing the trial without him. 123468P.pdf 08/27/2013 United States v. Violeta Hinojosa U.S. Court of Appeals Case No: 12-3468 U.S. District Court for the District of Nebraska - Omaha [PUBLISHED] [Beam, Author, with Shepherd and Melloy, Circuit Judges] Criminal case - Criminal law and sentencing. Evidence was sufficient to support defendant's conviction for conspiracy to distribute methamphetamine and distribution of the drug; district court did not err in denying defendant safety-valve sentencing based on its finding defendant did not provide complete and truthful information during her post-verdict interviews with the government.123415P.pdf 09/03/2013 United States v. Jeremy Dionne Norvell U.S. Court of Appeals Case No: 12-3415 U.S. District Court for the District of Minnesota - St. Paul [PUBLISHED] [Bye, Author, with Loken and Bright, Circuit Judges] Criminal case - Criminal case. Defendant was told that assignment to a particular program was not guaranteed, and his alleged misunderstanding about the program was not grounds for withdrawing his guilty plea; there was a factual basis for the plea; no other factors justified withdrawal of the plea, and the district court did not err in denying the motion to withdraw the plea; claim of ineffective assistance of counsel was properly denied. Judge Bright, dissenting on the ground that the fact that court might reject defendant's assignment to the program was not fully explained to him. 123886P.pdf 09/03/2013 Thomas Horras v. American Capital Strategies U.S. Court of Appeals Case No: 12-3886 U.S. District Court for the Southern District of Iowa - Des Moines [PUBLISHED] [Gruender, Author, with Colloton and Benton, Circuit Judges] Civil case - Contracts. District court did not err in finding that plaintiff failed to plead sufficient facts to state a claim that defendant breached its fiduciary duties as majority shareholder; nor did plaintiff state a claim for breach of contract, and the district court did not err in dismissing the action; the district court did not abuse its considerable discretion by denying plaintiff's post-judgment motion for leave to amend his complaint. Judge Colloton, concurring in the judgment in part and dissenting in part. Ninth Circuit:
Tenth Circuit:
(Apparently, can't search archives by published/unpublished.)
Eleventh Circuit:
| Jacqueline Weatherly, et al v. Alabama State University | 12-13414 | 2:10-cv-00192-WHA-TFM | 09-03-2013 | NEW | view |
| Luis A. Torrens, et al v. John William Hood, Jr. | 12-15925 | 0:12-cv-61612-KMW, 12-14092-BKC-JKO | 08-29-2013 | NEW | view |
| Temple B'Nai Zion, Inc. v. City of Sunny Isles Beach, Florida | 12-12984 | 1:10-cv-24549-KMW | 08-29-2013 | NEW | view |
| Hills McGee v. Solicitor General of Richmond County, Georgia, et al. | 11-14075 | 1:10-cv-00025-JRH-WLB | 08-28-2013 | NEW | view |
| Richard S. Lehman, et al v. Margarita Arias Piza, et al | 12-14126 | 1:11-cv-23479-RNS | 08-28-2013 | NEW | view |
| Torrey Twane McNabb v. Commissioner Alabama Department of Corrections | 12-13535 | 2:08-cv-00683-MEF-SRW | 08-28-2013 | NEW | view |
| USA v. Dennis Calvin Bush, Jr. | 12-12624 | 5:11-cr-00031-RS-1 | 08-27-2013 | NEW | view |
Federal Circuit:
| 2013-09-03 | 13-1002 | DCT | BAYER CROPSCIENCE AG v. DOW AGROSCIENCES LLC [OPINION] | Precedential |
| 2013-09-03 | 13-1002 | DCT | BAYER CROPSCIENCE AG v. DOW AGROSCIENCES LLC [ERRATA] | Precedential |
| 2013-08-30 | 12-1583 | DCT | TRADING TECHNOLOGIES INTL v. OPEN E CRY, LLC [OPINION] | Precedential |
| 2013-08-29 | 12-1422 | DCT | AEVOE CORP. v. AE TECH CO., LTD. [OPINION] | Precedential |
| 2013-08-28 | 10-5089 | CFC | CARSON v. HHS [OPINION] |
DC Circuit:
11-5282Judicial Watch v. U.S. Secret Service08/30/2013