Seventh Circuit -- William Rameker v. Brandon Clark

Inherited IRA's are not exempt from bankruptcy creditors.  Circuit split flagged.

William Rameker v.   Brandon Clark

Sixth Circuit -- Mark Kerman v. CIR

Tax -- no substance to the shelter, so the penalty for understating assets applies.  Circuit split on this noted.

Mark Kerman v. CIR 

Seventh Circuit -- USA v. Edwin Sanchez

Revisions to sentencing guidelines do not trigger ex post facto clause.  Circuit split flagged.

Sentencing bump for maintaining a building to use for drug distribution (as opposed to a residence) should consider not just frequency of use but general scope.

No procedural sentencing error as District Court knew that it could consider codefts differently.

No substantive sentencing error, given that sentence was on low end of guidelines range.

USA v.   Edwin Sanchez

DC Circuit -- Sealed Case

Restitution is not per se part of the sentence for purposes of appeals waiver.  Circuit split flagged.

Based on agreement, colloquy, and contra proferentem, appeals waiver did not waive appeal rights for the restitution.

 No abuse of discretion in restitution order.

Sealed Case

Eleventh Circuit -- Miller's Ale House, Inc. v. Boynton Carolina Ale House, Inc.

As the Circuit has previously ruled that the term "ale house" is generic, there's no basis for a Langham Act suit.

Issue of genericism can be relitigated absent evidence of a secondary meaning.  Circuit split flagged.

No undue copying of trade dress in the furnishings and layout of the pubs.

Miller's Ale House, Inc. v. Boynton Carolina Ale House, Inc.

Fourth Circuit -- US v. Jesus Torres-Miguel

California criminal threat statute is not categorically a crime of violence, as it is possible to injure someone without using force.  Circuit split with the 9th flagged.

There is no generic definition of criminal threat - it is a creation of the statute.

US v. Jesus Torres-Miguel

Seventh Circuit -- USA v. Gregory Wolfe

Prosecutor praising intelligence of witness was borderline vouching, but not enough to imperil Fair Trial right.

Prosc's saying that a witness had nothing to lose was borderline, as it implied that the witness had been cleared by the govt investigation, but no serious error.

Prosc remark in closing that witness had eye for detail was substantiated by facts mentioned contemporaneous with remark.

Prosc claiming that all witnesses identified deft in video despite one witness' inability to make ID not prejudicial, as deft's attorney conceded ID in closing.

Sufficient evidence for proof of losses for sentencing bump.

Restitution is a civil penalty, not criminal, and therefore Apprendi doesn't apply.  Circuit split flagged.



USA v. Gregory Wolfe

First Circuit -- Truczinskas v. Director, OWCP

Statutory judicial review of claims under the Defense Bases Act is proper to the Circuit Court, not the District Court (Circuit split flagged.)

Claimant didn't carry proof of non-suicide by a preponderance.

Depressing read.

Truczinskas v. Director, OWCP

Sixth Circuit -- USA v. Sathon Evans

 Ohio 'assaulting a police officer' statute is a crime of violence for sentencing guidelines purposes.

Ohio drug sale statute that includes offering to sell qualifies under federal drug sale statute.  No circuit split for contrary holding in 5th Circuit, as intent to offer to sell is different from intent to sell.

USA v. Sathon Evans

Fifth Circuit -- USA v. Shawna Tickles

 Conduct predating the FSA but sentenced after the FSA is not sentenced according to the FSA.

Dissent: But it should be.

USA v. Shawna Tickles
USA v. Jabar Gibson

Third Circuit -- Nicole Delalla

Thirty day window to remove to state court runs from service on individual deft, not first deft in suit.

Nicole Delalla

Nicole Delalla v. Hanover Ins Co

First Circuit -- US v. Collazo-Castro

Administrative warrant suffices for revocation of supervised release.

Circuit split signalled.

Oath/affirmation not required.


US v. Collazo-Castro

Ninth Circuit -- MATTHEW SILVA V. SARA OLSON

PLRA strikes were inappropriately counted, as they had not yet ripened into final decisions.


Circuit split on this.


Access to courts and retaliation claims sufficiently pleaded.


Dissent - no requirement in statute for finality, court clog risked



MATTHEW SILVA V. SARA OLSON

Sixth Circuit -- L. Daft v. Advest, Inc.

Sufficiency of plan to qualify under ERISA is a question for merits, not a jurisdictional bar.

Merely a colorable claim.

Should have been remanded to Committee after determination that committee's top hat analysis was flawed.

 L. Daft v. Advest, Inc.

Ninth Circuit -- DIANA KOLEV V. PORSCHE CARS NORTH AMERICA, IN

Skidmore-ish deference to FTC finding that pre-dispute mandatory arbitration provisions in Warranty Act not mandatory.

Dissent: I wouldn't do that if I were you.


DIANA KOLEV V. PORSCHE CARS NORTH AMERICA, IN

Second Circuit -- Amnesty Int’l USA et al. v. Clapper et al.

83 Page denial of en banc, including controlling opinion.

Holding of earlier decision was basically that group had standing for facial challenge to congressional surveillance act because of fear of surveillance and costs incurred in avoiding the possibility.


Amnesty Int’l USA et al. v. Clapper et al.

Fourth Circuit -- Mohammed Aziz v. Alcolac, Incorporated

Torture Victims Protection Act does not apply to corporations.

Plain language of Act.

Aiding and Abetting covered by Alien Tort Statute.

Requisite intent standard from the Rome Statute.


Mohammed Aziz v. Alcolac, Incorporated

Federal Circuit -- HOLMES V. U.S.

Tucker Act jurisdiction lies for breach of Title VII settlement agreement.

Circuit split flagged.

No presumption that such claims are monetary, but these are.

There is an inherent reasonability standard in the "inherently unknowable" test - here, plaintiff had no way to know of claim until it came to his attention

HOLMES V. U.S.

Fifth Circuit -- Mohammad Khalid v. Eric Holder, Jr.

When a minor child listed as a derivative beneficiary on a visa application made by a brother or sister of a legal permanent resident attains majority and seeks to convert their status by means of a direct application, they retain the priority date of their aged-out application.

Circuit split flagged.

Mohammad Khalid v. Eric Holder, Jr.

Fourth Circuit -- John Doe v. Atty Gen USA

Anti-Injunction Act bars pre-enforcement challenge to ACA, as the penalty is a tax.

Concurrence: Concur, but if I reached merits, I would uphold the ACA as a legit exercise of plenary tax power.

Dissent - Mandate is not a tax - legislative history proves.  Would uphold ACA on merits.

Liberty University v. Timothy Geithner