Tenth Circuit: United States v. Gardner

Rule 36 motion cannot be used to update sentence clarifying the amount of time served prior to conviction.

United States v. Gardner

Tenth Circuit: United States v. Engles

State conviction of registered offender cannot be indirectly relitigated in challenge of revocation of Federal supervised release.

United States v. Engles

Ninth Circuit: CAL. DUMP TRUCK OWNERS ASS'N V. MARY NICHOLS

Environment -- Challenge to enforcement of emission levels is actually a challenge to the underlying EPA reg, over which the District Court has no jurisdiction.

CAL. DUMP TRUCK OWNERS ASS'N V. MARY NICHOLS

Ninth Circuit: PLOTT NURSING HOME V. SYLVIA MATHEWS BURWELL

Sufficient evidence for most agency sanctions of nursing home.

Given explicit statutory command, agency need not give operator opportunity to challenge findings before posting on website, but an opportunity for ex post review must be provided.

Concur/Dissent: Court only has jurisdiction to compel review of data that was the explicit basis for these sanctions.

PLOTT NURSING HOME V. SYLVIA MATHEWS BURWELL

Ninth Circuit: SANDI RUSH V. SPORT CHALET, INC.

Joinder of landlord was proper in ADA claim.

Prejudice review required before dismissal in lieu of severance of parties.

SANDI RUSH V. SPORT CHALET, INC.

Ninth Circuit: LEONARD FYOCK V. CITY OF SUNNYVALE

No abuse of discretion in denying preliminary injunction against ordinance restricting large-capacity magazine ordinance.

LEONARD FYOCK V. CITY OF SUNNYVALE

Ninth Circuit -- BANK OF MANHATTAN V. FDIC

FDIC can't ignore pre-receivership contractual provisions when taking over a failed bank.

Dissent: State common law of contract is preempted by federal legislation.

BANK OF MANHATTAN V. FDIC

Ninth Circuit -- WALTER TAMOSAITIS V. URS INC.

Amended opinion.

WALTER TAMOSAITIS V. URS INC.

Eighth Circuit -- United States v. William Jones, Jr.

Tax -- Repetitive and coordinated scheme to defraud IRS suffices for sophisticated means sentencing bump.

United States  v.  William Jones, Jr.

Eighth Circuit: Civic Partners Sioux City, LLC v. Main Street Theaters, Inc.

No jurisdiction over bankruptcy appeal, as Bankruptcy Court orders were non-final, and no notice of appeal was filed.

Civic Partners Sioux City, LLC  v.  Main Street Theaters, Inc.

Eighth Circuit: BancInsure, Inc. v. Highland Bank

Although forged signature was a but-for cause of bad loan, insurance company  is not bound to cover under the forgery provisions of the policy, as the forgery wasn't a proximate cause of the ultimate loss.

BancInsure, Inc.  v.  Highland Bank

Eighth Circuit: Stephany Draper v. Carolyn W. Colvin

Skidmore deference to Social Security Administration finding denying benefits given size of trust fund.

Stephany Draper  v.  Carolyn W. Colvin

Eighth Circuit: Ray Nassar v. Earnestine Jackson

As grounds were not mentioned in initial JMOL 50(a) motion, they cannot be renewed in 50(b) motion.

Where lost salary and benefits amount was clearly established during trial, remittur of damages to that number.

Fees award vacated and remanded given remittur.

Concur/Dissent - Remittur waived when relevant jury instruction wasn't challenged.

Ray Nassar  v.  Earnestine Jackson

Eighth Circuit: Patricia Wagner v. Kevin Campbell

No error in denial of motion to remove filed after the deadline of being joineed individually, but before being joined as corporate officers, as District Court jurisdiction was good at time of judgment.

Single reprimand is an insufficient adverse employment action.


Patricia Wagner  v.  Kevin Campbell

Eighth Circuit: Dimple Jain v. CVS Pharmacy, Inc.

Employment Discrimination

No error in trial court's refusal to accept plaintiff's husband's non-expert analysis of the performance metrics numbers.

No error in summary judgment, given lack of viable comparator.

Dimple Jain  v.  CVS Pharmacy, Inc.

Eighth Circuit: IPSCO Tubulars, Inc. v. Ajax TOCCO Magnathermic Corp.

Contractual claim -  discussion of quality metrics implied that the pipe should be rated according to that quality scheme generally.

Insufficient findings to support damages number.

Good faith attempts to remedy bar gross negligence claim.

IPSCO Tubulars, Inc.  v.  Ajax TOCCO Magnathermic Corp.

Seventh Circuit: USA v. Bruce Brown

Earlier plea agreement does not explicitly bar subsequent prosecution for a related crime.


USA v. Bruce Brown

Fifith Circuit: Thomas Loden, Jr. v. Rick McCarty

Ineffective Assistance / AEDPA

Lower court findings get AEDPA deference when higher state courts don't review the question.

Deft waiver of mitigation phase need not be informed and knowing.

Thomas Loden, Jr. v. Rick McCarty

[Death penalty is wrong.  -MB]

Fourth Circuit: Covol Fuels No. 4, LLC v. Pinnacle Mining Company, LLC

Breach of Contract and Tort claims in environmental cleanup.

Genuine dispute of material fact as to ambiguous contractual term.

Documents other than the contract not relevant, as not explicitly incorporated.

Error to give summary judgment on breach of covenant of good faith and fair dealing claim.

Gist of the action doctrine bars reproducing contract claims as tort claims.

Covol Fuels No. 4, LLC v. Pinnacle Mining Company, LLC 

Fourth Circuit: Christopher Covert v. LVNV Funding, LLC

FDCPA claim barred by res judicata, given earlier Chapter 13 bankruptcy proceedings.

Christopher Covert v. LVNV Funding, LLC

Fourth Circuit: Jerome Gordon v. Daniel Braxton

Ineffective Assistance

District Court abused discretion in giving AEDPA deference to state court proceeding that made only a cursory review of the record in response to Petitioner claims that he was never consulted about an appeal.

Jerome Gordon v. Daniel Braxton

Fourth Circuit: US v. Marco Flores-Alvarado

Sentencing -- Insufficient factual findings to associate deft's conspiracy with drug quantities seized in various locations.

US v. Marco Flores-Alvarado

Fourth Circuit: Rafael Tiscareno-Garcia v. Eric Holder, Jr.

Immigration -- Although illegal entry is not a categorical bar to withholding of removal from the country, it is not absurd for the Agency to hold that conviction of the crime of illegal entry can be a bar to withholding of removal.

Petitioner failure to file paperwork presents jurisdictional bar.

Rafael Tiscareno-Garcia v. Eric Holder, Jr.

Second Circuit: Florez v. Holder

Immigration -- Chevron deference to broad agency interpretation of "crime of child abuse."

Florez v. Holder

Second Circuit: Johnson v. Nextel Communications Inc.

Reversal of class certification in legal malpractice suit challenging mediated outcome to employment suit.

Common issues do not predominate (Walmart).

PLs executed the agreement in different states, this complicates choice of law.

Johnson v. Nextel Communications Inc.