Wednesday, February 25, 2015

Ninth Circuit: ANTHONY NIGRO V. SEARS, ROEBUCK AND CO.

Employment Discrimination -- PL Deposition can suffice to establish animus.

Deprecating statement by supervisor should have been in under party admission hearsay exception.

ANTHONY NIGRO V. SEARS, ROEBUCK AND CO.

Sixth Circuit: USA v. Chattanooga-Hamilton Cnty. Hosp.

FCA claims are not barred because of prior public disclosure, as the audit (though released to the government) was not generally released.

USA v. Chattanooga-Hamilton Cnty. Hosp.

Fifth Circuit:" Pilgrim's Pride Corporation v. CIR

Tax.

Company's abandoned securities do not have to be accounted as Capital Losses.  The relevant statute refers to derivative obligations and claims relating to the capital asset, not the actual ownership of the asset.

Pilgrim's Pride Corporation v. CIR

Fourth Circuit: Robert Reynolds v. Douglas Middleton

County panhandling prohibition makes sufficient showing to survive Summary Judgment, as government did not sufficiently establish narrow tailoring of law.

Robert Reynolds v. Douglas Middleton

Third Circuit: Carlyle Investment Management v. Moonmouth Company SA

Appellate court has jurisdiction over appeal of remand to state court when the remand is not according to the statute. (1447)

Nonparties can enforce forum selection clause in contract, as the nonparties are affiliated with the signatory corporation, and the claims would not arise but for the base agreement.

Carlyle Investment Management v. Moonmouth Company SA

Second Circuit: Johnson v. United States

Subsequent vacatur of on-point predicate conviction count doesn't bar the subsequent ACCA sentencing bump, as the statute merely requires that the offense be committed, not that the deft be convicted of it, and the other (non-vacated) counts can encompass the valid predicate offense.

No Ineffective Assistance as to that sort of stuff.

Johnson v. United States

Second Circuit: United States v. George

No plain error in jury instruction that omitted mens rea element of the offense.

Sufficient evidence of harboring undocumented live-in worker.

No 8th Amendment Excessive Fine violation in forfieture.

United States v. George

Second Circuit: Marcel Fashions Group, Inc. v. Lucky Brand Dungarees, Inc., et al.

Despite the fact that PL didn't move to preserve claims against future infringement, suits alleging further infringement and unfair competition by same parties to earlier suit are not barred by res judicata.

Marcel Fashions Group, Inc. v. Lucky Brand Dungarees, Inc., et al.

Second Circuit: Carol Leitner v. Westchester Community College, et al.

While the SUNY system is an arm of the state, and therefore subject to 11th Amendment protections of Sovereign Immunity, the local community colleges that compose it are not sufficiently controlled and funded by the state to qualify for the immunity.

Carol Leitner v. Westchester Community College, et al.  
Compiled by D.E. Frydrychowski, who is, not incidentally, not giving you legal advice.

Category tags above are sporadically maintained Do not rely. Do not rely. Do not rely.

Author's SSRN page here.