Ninth Circuit: PAUL HARRINGTON V. EQUITRUST LIFE INS CO

Brochure language didn't offer sufficient grounds for RICO predicates.

Court must explain reasons for denial of fees to prevailing party.

PAUL HARRINGTON V. EQUITRUST LIFE INS CO

Ninth Circuit: JAVIER MARTINEZ-HERNANDEZ V. ERIC HOLDER, JR.

Immigration: No Ineffective Assistance where Petitioner didn't make showing of likely relief.

JAVIER MARTINEZ-HERNANDEZ V. ERIC HOLDER, JR.

Eighth Circuit: United States v. Miguel Soto

Court's denial of "Minor Participant" sentencing reduction wasn't a departure from sentencing Guidelines requiring prior notice.

United States  v.  Miguel Soto

Eighth Circuit: United States v. Gilberto Lara-Ruiz

Judgment citing incorrect statute, later corrected  didn't mean that deft was sentenced under wrong statute, as judge cited correct statute's mandatory minimum at sentencing.

Deft's attorney's concession in opening that deft committed a predicate offense is sufficient for proof of the predicate, given fact that deft didn't timely challenge.

Within-guidelines sentence not substantively unreasonable.

United States  v.  Gilberto Lara-Ruiz

Fifth Circuit: USA v. Jose Sanchez-Sanchez

Sentencing enhancement for use of a weapon operated as a sentencing finding and not an element of the verdict.

Facial inconsistencies in pleading documents therefore not fatal to judge's finding.

USA v. Jose Sanchez-Sanchez

Second Circuit: National Railroad Passenger Corporation v. McDonald

Amtrak Eminent Domain suit against New York barred by Statute of Limitations.

SOL ran from the date of condemnation by the state.

11th Amendment question waived by state when it asked court to rule on SOL.

National Railroad Passenger Corporation v. McDonald

Second Circuit: Garcia v. Jane and John Does 1-40

Order: Withdrawal of en banc given issuance of new panel opinion

Garcia v. Jane and John Does 1-40

Second Circuit: Garcia v. Jane & John Does

Amended opinion.

S1983 Qualified Immunity for police officers in Occupy arrests in NYC

Suit can be dismissed by grant of qualified immunity at 12(b)6 stage.

Police allowing protesters onto path offers an affirmative defense to disorderly conduct, doesn't cut against ability to arrest for same.  Police had immunity.

Garcia v. Jane & John Does