The Manhattan Barrister

Monday, August 19, 2013

Thursday, Friday and Monday -- Links Only

First Circuit:

2013/08/15	12-1178E.01A	12-1178	Portugues-Santana v. Rekomdiv International, Inc. District Court of Puerto Rico, San Juan
2013/08/15	13-1102E.01A	13-1102	Khan v. Holder Board of Immigration Appeals (BIA)
2013/08/16	11-2479P.01A	11-2479	US v. Pabellon-Rodriguez District Court of Puerto Rico, San Juan
2013/08/16	11-2479P.01A	11-2492	US v. Carrasquillo-Rodriguez District Court of Puerto Rico, San Juan
2013/08/16	12-1175P.01A	12-1175	Gross v. Sun Life Assurance Company of District of Massachusetts, Boston
2013/08/16	12-2002P.01A	12-2002	Garcia-Rubiera v. Fortuno District Court of Puerto Rico, San Juan
2013/08/16	12-2485P.01A	12-2485	Demelo v. U.S. Bank National Association District of Massachusetts, Boston
2013/08/16	12-2523P.01A	12-2523	Ballardo Castro v. Holder Board of Immigration Appeals (BIA)
2013/08/19	12-1513P.01A	12-1513	US v. Diaz-Maldonado District Court of Puerto Rico, San Juan

Second Circuit:

11-2665-cv

In re: Barclays Bank PLC Security

08-19-2013

OPN

12-4139-cv

Blue Ridge Investments, L.L.C. v. Republic of Argentina

08-19-2013

OPN

11-5386-cv

Simon v. City of New York, et al.

08-16-2013

OPN

12-2698-cv

Dongguk University v. Yale University

08-15-2013

OPN

Third Circuit:

Filed 08/19/13, No. 12-4031
David Bell v. SEPTA
USDC for the Eastern District of Pennsylvania

Filed 08/19/13, No. 12-2767
Nizar Al-Sharif v. USCIS
USDC for the District of New Jersey

Filed 08/16/13, No. 13-2812
Jeffry Vodenichar v. Halcon Energy Properties Inc
USDC for the Western District of Pennsylvania

Filed 08/15/13, No. 12-1620
Jose Verde-Rodriguez v. Attorney General United States
Agency

Filed 08/15/13, No. 12-1460
USA v. Claudia Marquez Moreno

Fourth Circuit:

134200.U	13-4200	2013/08/15	US v. Judy Lassiter
131044.U	13-1044	2013/08/16	Thomas Kulish v. Rite Aid Corporation and Ecker
134033.U	13-4033	2013/08/16	US v. Osciel Estrada
134157.U	13-4157	2013/08/16	US v. Curtis Davis
134043.U	13-4043	2013/08/19	US v. Trevor Reed

Fifth Circuit:

12-20440	8/15/2013	John Hall, et al v. Variable Annuity Life Ins Co.,


12-30791	8/15/2013	Medco Energi US, L.L.C. v. Sea Robin Pipeline Co.,
12-40750	8/15/2013	Christy Carty v. Texas Dept of Public Safety


12-50534	8/16/2013	Abigail Ransom, et al v. M. Patel Enterprises, Inc
12-50839	8/16/2013	USA v. Juvenal Ambriz

Sixth Circuit:

13a0230p.06	12-3197	2013/08/15	Leslie Ward v. Eric Holder, Jr. Board of Immigration Appeals
13a0231p.06	12-1027	2013/08/15	Kindred Nursing Centers East, v. NLRB National Labor Relations Board
13a0231p.06	12-1174	2013/08/15	Kindred Nursing Centers East, v. NLRB National Labor Relations Board
13a0232p.06	12-1231	2013/08/15	Paul Mendel v. City of Gibraltar Eastern District of Michigan at Detroit
13a0233p.06	12-3069	2013/08/15	Rockies Express Pipeline, LLC v. 4.895 Acres of Land, More or Less Southern District of Ohio at Columbus
13a0229a.06	12-5386	2013/08/15	Jackson Brumley v. Albert Brumley & Sons, Inc. Middle District of Tennessee at Nashville
13a0230p.06	12-3197	2013/08/15	Leslie Ward v. Eric Holder, Jr. Board of Immigration Appeals
13a0231p.06	12-1027	2013/08/15	Kindred Nursing Centers East, v. NLRB National Labor Relations Board
13a0231p.06	12-1174	2013/08/15	Kindred Nursing Centers East, v. NLRB National Labor Relations Board
13a0232p.06	12-1231	2013/08/15	Paul Mendel v. City of Gibraltar Eastern District of Michigan at Detroit
13a0233p.06	12-3069	2013/08/15	Rockies Express Pipeline, LLC v. 4.895 Acres of Land, More or Less Southern District of Ohio at Columbus
13a0229p.06	12-5386	2013/08/15	Jackson Brumley v. Albert Brumley & Sons, Inc. Middle District of Tennessee at Nashville
13a0230p.06	12-3197	2013/08/15	Leslie Ward v. Eric Holder, Jr. Board of Immigration Appeals
13a0231p.06	12-1027	2013/08/15	Kindred Nursing Centers East, v. NLRB National Labor Relations Board
13a0231p.06	12-1174	2013/08/15	Kindred Nursing Centers East, v. NLRB National Labor Relations Board
13a0232p.06	12-1231	2013/08/15	Paul Mendel v. City of Gibraltar Eastern District of Michigan at Detroit
13a0233p.06	12-3069	2013/08/15	Rockies Express Pipeline, LLC v. 4.895 Acres of Land, More or Les Southern District of Ohio at Columbus
13a0234p.06	11-1959	2013/08/16	Jerry Vandiver v. Prison Health Services, Inc. Western District of Michigan at Grand Rapids
13a0235p.06	12-6349	2013/08/16	American Bank, FSB v. Cornerstone Community Bank Eastern District of Tennessee of Chattanooga
13a0234p.06	11-1959	2013/08/16	Jerry VanDiver v. Prison Health Services, Inc. Western District of Michigan at Grand Rapids
13a0235p.06	12-6349	2013/08/16	American Bank, FSB v. Cornerstone Community Bank Eastern District of Tennessee of Chattanooga
13a0236p.06	11-5773	2013/08/16	Martin County Coal Corporation v. Universal Underwriters Ins. Eastern District of Kentucky at Pikeville
13a0236p.06	11-5793	2013/08/16	Martin County Coal Corporation v. Universal Underwriters Ins. Eastern District of Kentucky at Pikeville
13a0234p.06	11-1959	2013/08/16	Jerry Vandiver v. Prison Health Services, Inc. Western District of Michigan at Grand Rapids
13a0235p.06	12-6349	2013/08/16	American Bank, FSB v. Cornerstone Community Bank Eastern District of Tennessee of Chattanooga
13a0236p.06	11-5773	2013/08/16	Martin County Coal Corporation v. Universal Underwriters Ins. Eastern District of Kentucky at Pikeville
13a0236p.06	11-5793	2013/08/16	Martin County Coal Corporation v. Universal Underwriters Ins. Eastern District of Kentucky at Pikeville

Seventh Circuit:

10-3842	Deborah Cooney v. Rhonda Casady	civil	08/19/2013	Final Opinion	Tinder
11-1757	Deborah Cooney v. Rhonda Casady	civil	08/19/2013	Final Opinion	Tinder
12-3121	Norman Green, Jr. v. Peter Huibregtse	prisoner	08/19/2013	Final Opinion	Easterbrook
08-1641	Andrew Obriecht v. Brian Foster	prisoner	08/16/2013	Final Opinion	Ripple
11-3655	Tatsiana Boika v. Eric Holder, Jr.	agency	08/16/2013	Final Opinion	Hamilton
12-2765	USA v. Tyrone Kirklin	criminal	08/16/2013	Order Correcting Opinion	PerCuriam
12-3342	Westmoreland County Employee R v. Robert Parkinson, Jr.	civil	08/16/2013	Final Opinion	Wood
12-3571	Frey Corporation v. City of Peoria, Illinois	civil	08/16/2013	Final Opinion	Tinder
12-3726	USA v. Patrick Evans	criminal	08/16/2013	Final Opinion	Wood
12-3768	Healix Infusion Therapy, Incor v. HHI Infusion Services	civil	08/16/2013	Final Opinion	Easterbrook
13-1009	James J. Kaufman v. Jeffrey Pugh	prisoner	08/16/2013	Final Opinion	Wood
11-1837	USA v. James A. Simon	criminal	08/15/2013	Final Opinion	Rovner
12-2765	USA v. Tyrone Kirklin	criminal	08/15/2013	Final Opinion	Williams
12-2969	Wisconsin Resources Protection v. Flambeau Mining Company	civil	08/15/2013	Final Opinion	Ripple
12-3434	Wisconsin Resources Protection v. Flambeau Mining Company	civil	08/15/2013	Final Opinion	Ripple

Eighth Circuit:

[ August 19, 2013 ]


121947P.pdf   08/19/2013  Mavis Hartman  v.  Brian Smith
   U.S. Court of Appeals Case No:  12-1947
                          and No:  12-2012
   U.S. District Court for the District of Minnesota - Minneapolis    
   [PUBLISHED] [Smith, Author with Melloy and Benton, Circuit Judges] 
   Civil Case - Truth in Lending Act. Following a complicated financing 
   transaction to borrow money to finance a house improvement, the Hartmans 
   failed to make scheduled payments toward the contract for deed and the 
   Smiths served a statutory notice of cancellation. The Hartmans sent notice 
   to Prime Security Bank. Prime commenced foreclosure proceedings and the 
   property was sold. The Hartmans brought suit for damages and rescission of 
   all transactions under the Truth in Lending Act and brought state law 
   claims. The district court concluded plaintiffs' notice was sufficient to 
   exercise the TILA statutory right of rescission, granted summary judgment 
   to Prime on the TILA rescission claim, dismissed the damages claims and 
   dismissed the Hartmans as parties. The district court erred in concluding 
   notice was sufficient to exercise the right of rescission under 15 U.S.C. 
   sec. 1635. Noting a split in the circuits, this court joins the 9th and 
   10th Circuits in holding notice is not sufficient. Because plaintiffs 
   failed to file a rescission action prior to the sale, the right of 
   rescission expired upon the sale of the property. The district court 
   properly dismissed the damages claim, the state law claims, and the 
   Hartmans as parties. Judge Melloy concurs in the judgment. 
  
[ August 16, 2013 ]


122835P.pdf   08/16/2013  United States  v.  Abdirahman Mohamed
   U.S. Court of Appeals Case No:  12-2835
   U.S. District Court for the District of Nebraska - Omaha    
   [PUBLISHED] [Melloy, Author, with Riley, Chief Judge, and Shepherd, 
   Circuit Judge] 
   Criminal case - Criminal law. Any Confrontation Clause violation in 
   admitting an exhibit containing a translation of recorded calls in the 
   absence of testimony from the actual translator was harmless beyond a 
   reasonable doubt given the other evidence in the case; admission of the 
   exhibit, which contained translations of parts of the conversations, did 
   not violate Rule 106 as defendant failed to identify any other portions of 
   the conversations which should have been translated even though he had the 
   entire recording and time to obtain his own translation; permitting an FBI 
   linguist to testify under a pseudonym did not violate defendant's 
   Confrontation Clause rights as his attorney was given the linguist's real 
   name and defendant had the information needed to cross-examine the witness 
   regarding his qualifications and experience; evidence was sufficient to 
   support defendant's conviction for food stamp fraud. 
  
123017P.pdf   08/16/2013  Dale Peterson  v.  City of Florence
   U.S. Court of Appeals Case No:  12-3017
   U.S. District Court for the District of Minnesota - Minneapolis    
   [PUBLISHED] [Per Curiam - Before Loken, Bright and Bye, Circuit Judges] 
   Civil case - Zoning. District court did not err in finding the City's 
   zoning scheme was a valid content-neutral, time, place and manner 
   regulation; the zoning scheme was narrowly tailored to serve a substantial 
   government interest and plaintiff had reasonable alternative avenues in 
   which he could operate an adult entertainment business despite the zoning 
   ordinances. 
  
123275P.pdf   08/16/2013  Timmy Jones  v.  United States
   U.S. Court of Appeals Case No:  12-3275
   U.S. District Court for the Eastern District of Missouri - St. Louis    
   [PUBLISHED] [Benton, Author, with Riley, Chief Judge, with Gruender, 
   Circuit Judge] 
   Civil case - Federal Tort Claims Act. The court has jurisdiction to 
   determine whether the district court properly dismissed this case for lack 
   of subject-matter jurisdiction; where plaintiff sued the VA for 
   negligently failing to pay him benefits, resolution of the issue would 
   require the district court to determine whether the VA acted negligently 
   in making its benefits determinations; since judicial review of such 
   decisions is foreclosed by 38 U.S.C. Sec. 511(a), the district court 
   lacked subject-matter jurisdiction and properly dismissed the case. 
  
[ August 15, 2013 ]


123960P.pdf   08/15/2013  United States  v.  Jeremy Stevenson
   U.S. Court of Appeals Case No:  12-3960
   U.S. District Court for the Southern District of Iowa - Davenport    
   [PUBLISHED] [Colloton, Author, with Gruender and Benton, Circuit Judges] 
   Criminal case - Criminal law. AOL was not a state actor when it scanned 
   defendant's email for child pornography; defendant did not demonstrate a 
   contested issue of fact warranting a hearing on the issue; district court 
   did not err in quashing defendant subpoena duces tecum to AOL. 
  
Ninth Circuit:


ANNACHAMY V. HOLDER 07-70336 Board of Immigration Appeals Agency oa 08/19/2013
DAVID HILDES V. ARTHUR ANDERSEN LLP 11-56592 San Diego District Court Civil 08/19/2013
CGI TECHNOLOGIES AND SOLUTIONS V. RHONDA ROSE 11-35127 Seattle District Court Civil o 08/16/2013
DONALD T. STAPLEY V. PETER R. PESTALOZZI 12-16145 Phoenix District Court Civil 08/16/2013
PRENTISS GRIFFIN V. KELLY HARRINGTON 12-57162 Los Angeles District Court Habeas 08/16/2013
CHRISTINE BLANTZ V. CDCR 11-56525 San Diego District Court Civil 08/15/2013
USA V. DAVONYA GRANT 12-50209 Los Angeles District Court Criminal 08/15/2013
ALASKA WILDERNESS LEAGUE V. EPA 12-71506 Environmental Protection Agcy Agency 08/15/2013
USA V. DEMARIO EDWARDS 12-10204 Las Vegas District Court Criminal 08/15/2013

Tenth Circuit: (Today's only)

 12-2110  Carolina Casualty Insurance v. Nanodetex Corporation
 11-3282  Pratt v. Petelin
 12-1096  Cooper v. NCS Pearson, Inc.
 12-6234  Wells v. Astrue

Eleventh Circuit:


Tina Marie Travaglio v. American Express Company, et al. 11-15292 8:10-cv-01311-VMC-AEP 08-19-2013 NEW view

Don Reinke, et al. v. Darby Bank & trust Co., et al. 12-12292 4:11-cv-00144-WTM-GRS 08-16-2013 CON view

Harris Baking Company v. Darby Bank & Trust Co, et al. 12-12359 4:11-cv-00171-WTM-GRS 08-16-2013 CON view

Jim Hunt v. FDIC, et al. 12-12297 4:11-cv-00172-WTM-GRS 08-16-2013 CON view

Robert M. Osborne, et al. v. FDIC, et al. 12-12290 4:11-cv-00143-WTM-GRS 08-16-2013 CON view

Stephanie Lindley v. FDIC, et al. 12-12015 4:11-cv-00147-BAE-GRS 08-16-2013 NEW view

USA v. John L. Yates 11-16093 2:10-cr-00066-JES-SPC-1 08-16-2013 NEW view

USA v. Kenneth Lamar Madden 11-14302 8:11-cr-00012-JDW-AEP-2 08-16-2013 NEW view

Warren Lokey v. FDIC, et al. 12-12299 4:11-cv-00146-WTM-GRS 08-16-2013 CON view

Clifford A. Zucker, et al. v. FDIC 12-11392 10-02872-LMI 08-15-2013 NEW view

Kevin Spencer v. USA 10-10676 3:08-cv-00914-VMC-MCR, 3:06-cr-00349-VMC-MCR-1 08-15-2013 NEW view

DC Circuit:

12-3018USA v. Darren Swangin


2013-08-19 13-1044 CIT ITOCHU BUILDING PRODUCTS v. US [OPINION] Precedential
2013-08-19 12-1196 CIT ASHLEY FURNITURE INDUSTRIES v. US [OPINION] Precedential
2013-08-19 13-1044 CIT ITOCHU BUILDING PRODUCTS v. US [ERRATA] Precedential
2013-08-19 2012-1196 CIT ASHLEY FURNITURE INDUSTRIES v. US [ERRATA] Precedential
2013-08-16 12-3157 MSPB JOSEPH GARGIULO v. DHS [OPINION] Precedential

2013-08-19	13-1044	CIT	ITOCHU BUILDING PRODUCTS v. US [OPINION]	Precedential
2013-08-19	12-1196	CIT	ASHLEY FURNITURE INDUSTRIES v. US [OPINION]	Precedential
2013-08-19	13-1044	CIT	ITOCHU BUILDING PRODUCTS v. US [ERRATA]	Precedential
2013-08-19	2012-1196	CIT	ASHLEY FURNITURE INDUSTRIES v. US [ERRATA]	Precedential
2013-08-16	12-3157	MSPB	JOSEPH GARGIULO v. DHS [OPINION]	Precedential


2013-08-19 12-1540 DCT UNIVERSITY OF UTAH v. MAX-PLANCK-GESELLSCHAFT [OPINION] Precedential

2013-08-19	12-1540	DCT	UNIVERSITY OF UTAH v. MAX-PLANCK-GESELLSCHAFT [OPINION]	Precedential


2013-08-15 13-7014 CAVC BIRDEYE MIDDLETON v. SHINSEKI [OPINION] Precedential

2013-08-15	13-7014	CAVC	BIRDEYE MIDDLETON v. SHINSEKI [OPINION]	Precedential

Friday, August 16, 2013

Next Post Monday

Thursday, Friday, and Monday's decisions. Links, at minimum. Hoping for more.

MB

Wednesday, August 14, 2013

Monday - Wednesday (very short-form)

First Circuit:

2013/08/12	12-2283P.01A	12-2283	Universal Trading & Investment v. Bureau for Representing Ukrain District of Massachusetts, Boston
2013/08/12	13-1208P.01A	13-1208	Urizar-Carrascoza v. Holder, Jr. Board of Immigration Appeals (BIA)
2013/08/12	13-1266.01A	13-1266	Nansamba v. North Shore Medical Center, In District of Massachusetts, Boston
2013/08/13	11-2301P.01A	11-2301	US v. Pacheco District Court of Puerto Rico, San Juan
2013/08/13	12-2186P.01A	12-2186	US v. Gifford District Court of New Hampshire, Concord
2013/08/13	13-1232P.01A	13-1232	Liu v. Holder, Jr. Board of Immigration Appeals (BIA)
2013/08/14	12-1710P.01A	12-1710	Goat Island South Condominium v. IDC Clambakes, Inc. District Court of Rhode Island, Providence

Second Circuit:

11-2325-cr

United States of America v. Corey Davis

08-14-2013

OPN

12-707-cv (L)

Entergy Nuclear Vermont Yankee, LLC v. Shumlin

08-14-2013

OPN

12-4222-cr

United States v. Lynch

08-13-2013

OPN

12-2905-cv

Hallock v. Koubek

08-13-2013

OPN

12-2010-cr

United States v. Moran-Toala

08-12-2013

OPN

11-5089-ag

Nwozuzu v. Holder

08-12-2013

OPN

10-1210-cv, 10-1785-cv

Abuzaid et al. v. Woodward

08-12-2013

OPN

11-5165-cr

United States v. Vargas-Cordon

08-12-2013

OPN

Third Circuit:

Filed 08/14/13, No. 11-1733
USA v. Keenan Quinn
USDC for the Eastern District of Pennsylvania

Filed 08/13/13, No. 12-3462
USA v. Justin Clark
USDC for the Western District of Pennsylvania

Filed 08/13/13, No. 12-2524
USA v. Craig Finley
USDC for the Western District of Pennsylvania

Filed 08/12/13, No. 12-2711
USA v. Zavkibeg Ashurov
USDC for the Eastern District of Pennsylvania

Filed 08/12/13, No. 12-2524
USA v. Craig Finley
USDC for the Western District of Pennsylvania

Filed 08/12/13, No. 12-1516
USA v. Durrell Smith
USDC for the District of New Jersey

Filed 08/12/13, No. 11-8079
John Rodriguez v. Natl City Bank
USDC for the Eastern District of Pennsylvania

Fourth Circuit:

126705.P Demetrius Hill v. C.O. Crum (Agee 08/14/2013)
Published opinion after argument: Reversed and remanded
Prisoner Civil Rights (WDVA Turk)

114870.P US v. Jolon Carthorne, Sr. (Keenan 08/13/2013)
Published opinion after argument: Affirmed
Criminal (MDNC Osteen)

Fifth Circuit:

07-70031	8/13/2013	Nelson Gongora v. Rick Thaler, Director
08-51185	8/13/2013	USA v. Anthony Kebodeaux

12-20544	8/12/2013	Bryan Shirley v. Precision Castparts Corp., et al
12-41273	8/13/2013	James Miller, et al v. BAC Home Loans Servicing, L
12-50027	8/12/2013	USA v. Anthony Valdez
12-50517	8/13/2013	USA v. Roger Rouland

Sixth Circuit:

13a0219p.06	12-3329	2013/08/12	Hobert Tackett v. M&G Polymers USA, LLC Southern District of Ohio at Columbus
13a0219p.06	12-3407	2013/08/12	Hobert Tackett v. M&G Polymers USA, LLC Southern District of Ohio at Columbus
13a0220p.06	12-5240	2013/08/13	USA v. Troy Woodruff Western District of Tennessee at Jackson
13a0221p.06	12-6114	2013/08/13	Serge Adamov v. U.S. Bank National Association Western District of Kentucky at Louisville
13a0223p.06	12-6362	2013/08/13	William Lindsey v. Pinnacle National Bank Eastern District of Tennessee at Knoxville
13a0224a.06	09-5021	2013/08/14	Henry Hodges v. Stanton Heidle, Warden Middle District of Tennessee at Nashville
13a0225p.06	12-6598	2013/08/14	The Contributor v. City of Brentwood Middle District of Tennessee at Nashville
13a0226p.06	12-2213	2013/08/14	James Speet v. Bill Schuette Western District of Michigan at Grand Rapids
13a0227p.06	12-2620	2013/08/14	16630 Southfield Limited Partnership v. Flagstar Bank, FSB Eastern District of Michigan at Detroit
13a0228p.06	12-5635	2013/08/14	David Cummins v. BIC USA, Inc. Western District of Kentucky at Bowling Green

Seventh Circuit:

12-2101	USA v. Harold Rosen	criminal	08/14/2013	Final Opinion	Bauer
12-2339	Paul Liles v. Macomb County Employees	civil	08/14/2013	Final Opinion	Easterbrook
12-2354	Eric Silverman v. Motorola, Incorporated	civil	08/14/2013	Final Opinion	Easterbrook
12-1665	Maria Pouhova v. Eric Holder, Jr.	agency	08/13/2013	Final Opinion	Hamilton
12-2984	Brandon Stollings v. Ryobi Technologies, Inc.	civil	08/13/2013	Order Correcting Opinion	PerCuriam
11-3449	Minor Scott, III v. Chuhak & Tecson, PC	civil	08/12/2013	Order Correcting Opinion	PerCuriam
12-2743	USA v. Franklin Brown	criminal	08/12/2013	Final Opinion	Kanne
12-3204	Quincy Neri v. Melinda Monroe	civil	08/12/2013	Final Opinion	Easterbrook
13-1002	Abdelkader Belbachir v. McHenry County, Illinois	civil	08/12/2013	Final Opinion	Posner

Eighth Circuit:

123520P.pdf   08/13/2013  United States  v.  Keith Donnell
   U.S. Court of Appeals Case No:  12-3520
   U.S. District Court for the District of Minnesota - St. Paul    
   [PUBLISHED] [Bright, Author, with Loken and Bye, Circuit Judges] 
   Criminal case - Criminal law. The triggering events in the anticipatory 
   warrant occurred, and the officers could execute the warrant.

Ninth Circuit:


ALEJANDRO VILLA-ANGUIANO V. ERIC H. HOLDER JR. 08-74585 Board of Immigration Appeals Agency 08/14/2013
USA V. GARY ERMOIAN 11-10124 Fresno District Court Criminal 08/14/2013
USA V. RONALD MOSCHELLA 11-50377 Santa Ana District Court Criminal 08/14/2013
USA V. FACUNDO ACOSTA-CHAVEZ 12-10324 Tucson District Court Criminal 08/14/2013
A.D. V. DEPARTMENT OF EDUCATION, STATE 12-17610 Honolulu District Court Civil 08/14/2013
USA V. TYMOND PRESTON 11-10511 Prescott District Court Criminal ebo 08/14/2013
ELIZABETH HASKELL V. KAMALA D. HARRIS 10-15152 San Francisco District Court Civil o* 08/14/2013
USA V. RUDY GARCIA 11-30348 Spokane District Court Criminal oa* 08/13/2013
IN RE COMPLAINT OF JUDICIAL MISCONDUCT 13-90073 Judicial Misconduct o* 08/13/2013
EDGAR CORDOBA V. ERIC H. HOLDER JR. 08-74384 Board of Immigration Appeals Agency 08/13/2013
TAMER SALAMEH V. TARSADIA HOTEL 11-55479 San Diego District Court Civil 08/13/2013
JOHN URBINO V. ORKIN SERVICES OF CALIFORNIA, 11-56944 Los Angeles District Court Civil 08/13/2013
NO OPINIONS FILED TODAY 08/12/2013

Tenth Circuit:

(Nothing published today, Monday and Tuesday unknown.)

Eleventh Circuit:


Xena Investments, Ltd, v. Magnum Fund Management LTD, et al

DC Circuit:
USA v. David Duvall In Re: Aiken County
Federal Circuit:

HAMILTON BEACH BRANDS v. SUNBEAM PRODUCTS [OPINION]
11-14770 1:11-cv-21065-DLG 08-14-2013 NEW view

MONOLITHIC POWER SYSTEMS, INC. v. O2 MICRO INTERNATIONAL LTD. [OPINION]

LEO PHARMACEUTICAL PRODUCTS v. REA [OPINION]

Friday, August 09, 2013

Thursday and Friday

Second Circuit:

United States v. Brunner -- Offender must register even after discharge from military.
United States v. Edelman -- Halfway house is "custody" for purposes of escape statute; No expectation of privacy in halfway house.
Ramos v. Racette -- Habeas denied - a brief assignment of counsel during voir dire did not sufficiently violate right to represent oneself.
Sutherland v. Ernst & Young LLP -- FLSA does not trump arbitration clause; although individual arbitration might not be cost-effective, itr doesn't bar vindication of the right.
Giovanniello v. ALM Media, LLC -- Federal statute of limitations governs claims under consumer protection statute; tolling ceased with the denial of class certification.
Fahs Construction Group, Inc. v. Gray, et al. -- No free speech / equal protection defense against dismissal of state employee, matter was not one of public concern.
Marvel Characters, Inc. v. Kirby -- Mailing of cease-and-desist letter insufficient purposeful availment for personal jurisdiction; parties not indispensable - the action can continue without joinder; expert correctly excluded, as hearsay was the basis for the proffered testimony; IP in question was created as works for hire.
United States v. Rene Rodriguez -- Prosecutor's recital of the mandatory minimum sentence was enough to put defendant on notice; ineffective assistance claim denied.
Hoffler v. Bezio - COA a prerequisite for Habeas appeal; jeopardy attached despite error in swearing of jury; sufficient evidence for retrial.
SEC v. Pentagon Capital Management -- Securities - Late trading scheme violated 10(b)5, 17(a) - sufficient scienter where deliberate; Non-broker status does not shield defts; Error to impose civil penalty jointly and severally; Scotus has held that "Discovery rule" does not toll statute of limitations for securities fraud.

Third Circuit:

USA v. Richard Caraballo-Rodriguez
Marmon Coal Co v. Dir OWCP, US Dept Labor
Dawn Ball v. Famiglio
USA v. Terrell Davis
James Washington v. Secretary Pennsylvania Departm

Fifth Circuit:

Juan Ojeda-Calderon v. Eric Holder, Jr.
USA v. Antonio Hughes
Natasha Whitley v. John Hanna, et al

Sixth Circuit:

USA v. Robin Riley, Jr.
Findlay Truck Line, Inc. v. Central States Southeast and Southwest
Village of Maineville, Ohio v. Hamilton Township Board of Trustees
City of Pontiac Retired Employees v. Louis Schimmel
Tommy Sharp v. Aker Plant Services Group, Inc

Seventh Circuit:

Johana Cece v. Eric Holder, Jr. (Dissent) (Dissent)
Lawrence Ruppert v. Alliant Energy Cash Balance
Paul Hester v. Indiana State Department of Health
Melvin Newman v. Rick Harrington
Wachovia Securities, LLC v. Loop Corporation
Marica Johnson v. Koppers, Inc.
Bank of America, N.A. v. James Knight
Michael Carter v. Marc Hodge

Eighth Circuit (From site):

122698P.pdf   08/08/2013  William Pilger  v.  William Sweeney
   U.S. Court of Appeals Case No:  12-2698
   U.S. District Court for the Southern District of Iowa - Davenport    
   [PUBLISHED] [Phillips, Author, with Loken and Gruender, Circuit Judges] 
   Civil case - ERISA. Plaintiffs' claim to recover benefits under 29 U.S.C. 
   Sec. 1132(a)(1)B) was time-barred; ERISA plan booklet contained broad 
   language granting defendants authority to take remedial action, and they 
   could both correct and recoup overpayments; because the plan in question 
   was a defined-benefit plan, plaintiffs could not recover individualized 
   relief in a Sec. 1132(a)(1)(B) claim; claim for relief under Sec. 
   1132(a)(3)(B) was also barred. 
  
122828P.pdf   08/08/2013  Fedja Rochling  v.  Dept. of VA
   U.S. Court of Appeals Case No:  12-2828
   U.S. District Court for the District of Nebraska - Omaha    
   [PUBLISHED] [Benton, Author, with Colloton and Gruender, Circuit Judges] 
   Civil case - Administrative Procedure Act. In action claiming the VA 
   violated the APA and plaintiff's substantive and due process rights when 
   it reported a settlement to the National Practitioner Data Bank, the 
   district court did not err in dismissing the procedural due process claim 
   as plaintiff's claim that the report injured him was speculative and 
   conclusory and failed to plead a deprivation of a constitutionally 
   protected interest; the complaint failed to state a claim for a violation 
   of substantive due process; the VA's fact finding procedures were adequate 
   and the district court applied the proper review standard - arbitrary and 
   capricious - rather than de novo review; the district court did not 
   grossly abuse its discretion in denying plaintiff's request to supplement 
   the administrative record; the VA's decision in the matter was not 
   arbitrary or capricious, and the district court did not err in granting 
   the VA's motion for summary judgment. 
  
  
122955P.pdf   08/08/2013  Tim Lors  v.  Jim Dean
   U.S. Court of Appeals Case No:  12-2955
   U.S. District Court for the District of South Dakota - Pierre    
   [PUBLISHED] [Smith, Author, with Wollman and Murphy, Circuit Judges] 
   Civil case - Employment discrimination. Plaintiff's claims for money 
   damages against the State of South Dakota and its employees under Titles I 
   and V of the Americans with Disabilities Act were barred by sovereign 
   immunity; the appeal must be dismissed for lack of jurisdiction.   
  
123687P.pdf   08/08/2013  United States  v.  Robert Ford
   U.S. Court of Appeals Case No:  12-3687
   U.S. District Court for the District of South Dakota - Sioux Falls    
   [PUBLISHED] [Smith, Author, with Wollman and Murphy, Circuit Judges] 
   Criminal case - Criminal law. Where the jury acquitted defendant of sexual 
   assault and convicted him of kidnapping, the district court's supplemental 
   instruction validly instructed the jury that it could find Ford guilty to 
   kidnapping despite concluding that he was not guilty of sexual abuse; 
   second supplemental instruction adequately elaborated the "unlawfully 
   seized or detained" element of kidnapping under 18 U.S.C.Sec. 1201(a); 
   evidence was sufficient to support defendant's conviction for kidnapping 
   the victim to prevent her from reporting a sexual assault; the verdicts 
   were not inconsistent as the jury could reasonably belief that the victim 
   wanted to report an assault and defendant prevented her from doing so even 
   if the jury was not persuaded that the government proved all of the 
   elements of the assault beyond a reasonable doubt.
  
136005P.pdf   08/08/2013  Randall Seaver  v.  New Buffalo Auto Sales, LLC
   U.S. Court of Appeals Case No:  13-6005
                          and No:  13-6006
   U.S. Bankruptcy Court for the District of Minnesota - Duluth    
   [PUBLISHED] [Federman, Author, with Saladino and Nail, Bankruptcy Judges] 
   Bankruptcy Appellate Panel. For the panel's prior opinion in the case, see 
   Seaver v. New Buffalo Auto Sales, 459 B.R. 6 (B.A.P. 8th Cir. 2011). GMAC 
   had no standing to appeal any violation of the stay by the judgment 
   creditors and its appeal is dismissed; estate suffered no damages from 
   registration of certain judgments and the court did not err in awarding 
   the trustee nothing under Section 550. 
  
136010P.pdf   08/08/2013  Kimberly Hernandez  v.  Dept. of Health & Human Serv.
   U.S. Court of Appeals Case No:  13-6010
   U.S. Bankruptcy Court for the District of Nebraska - Lincoln    
   [PUBLISHED] [Kressel, Author, with Schermer and Shodeen, Bankruptcy 
   Judges] 
   Bankruptcy Appellate Panel. A debt owed to the Department of Health and 
   Human Services for domestic support was a a debt in the nature of child 
   support under 11 U.S.C. Sec. 101(14A)(B), and the bankruptcy court did not 
   err in allowing the claim filed by the Nebraska DHHS as a priority debt.

113530P.pdf   08/09/2013  Greg Herden  v.  United States
   U.S. Court of Appeals Case No:  11-3530
   U.S. District Court for the District of Minnesota - Minneapolis    
   [PUBLISHED] [Bye, Author, for the Court En Banc] 
   Civil case - Federal Tort Claims Act. In a suit claiming plaintiffs' 
   cattle operations were damaged because of a seed mixture an employee of 
   the U.S. Department of Agriculture directed plaintiffs to use on their 
   property, the district court did not err in concluding the employee's 
   conduct fell within the Federal Tort Claims Act's discretionary function 
   exception. Judge Melloy, with whom Chief Judge Riley and Judge Shepherd 
   join, dissenting. 
  
123417P.pdf   08/09/2013  United States  v.  Jo Anna Bame
   U.S. Court of Appeals Case No:  12-3417
   U.S. District Court for the District of Minnesota - Minneapolis    
   [PUBLISHED] [Bright, Author, with Loken and Bye, Circuit Judges] 
   Civil case - Federal Tax. The district court erred in granting the United 
   States' motion for summary judgment on its claim to recover a tax refund 
   overpayment as there were genuine issues of material fact as to 
   defendant's good faith defense and her entitlement to funds her deceased 
   husband transferred to her in payment of certain debts; on remand, the 
   district court should consider whether unjust enrichment is available to 
   the government in light of the remedies at law which might be available. 

Ninth Circuit:

FORT BELKNAP HOUSING DEPT. V. OFFICE OF PUBLIC AND INDIAN
PHILLIP CORVELLO V. WELLS FARGO BANK N.A.
USA V. JONATHAN THOMAS
NRDC V. COUNTY OF LOS ANGELES
RANDY CABANTAC V. ERIC HOLDER, JR.

Eleventh Circuit:

Merly Nunez v. Geico General Insurance Company
Joshua Daniel Bishop v. Warden, GDCP

DC Circuit:

In Re: Rail Freight Fuel Surcharge

Federal Circuit:

TAURUS IP v. DAIMLERCHRYSLER 
ARIA DIAGNOSTICS, INC. v. SEQUENOM, INC.

ANNACHAMY V. HOLDER	07-70336	Board of Immigration Appeals	Agency	oa	08/19/2013
DAVID HILDES V. ARTHUR ANDERSEN LLP	11-56592	San Diego District Court	Civil		08/19/2013
CGI TECHNOLOGIES AND SOLUTIONS V. RHONDA ROSE	11-35127	Seattle District Court	Civil	o	08/16/2013
DONALD T. STAPLEY V. PETER R. PESTALOZZI	12-16145	Phoenix District Court	Civil		08/16/2013
PRENTISS GRIFFIN V. KELLY HARRINGTON	12-57162	Los Angeles District Court	Habeas		08/16/2013
CHRISTINE BLANTZ V. CDCR	11-56525	San Diego District Court	Civil		08/15/2013
USA V. DAVONYA GRANT	12-50209	Los Angeles District Court	Criminal		08/15/2013
ALASKA WILDERNESS LEAGUE V. EPA	12-71506	Environmental Protection Agcy	Agency		08/15/2013
USA V. DEMARIO EDWARDS	12-10204	Las Vegas District Court	Criminal		08/15/2013

Tina Marie Travaglio v. American Express Company, et al.	11-15292	8:10-cv-01311-VMC-AEP	08-19-2013	NEW	view

Don Reinke, et al. v. Darby Bank & trust Co., et al.	12-12292	4:11-cv-00144-WTM-GRS	08-16-2013	CON	view

Harris Baking Company v. Darby Bank & Trust Co, et al.	12-12359	4:11-cv-00171-WTM-GRS	08-16-2013	CON	view

Jim Hunt v. FDIC, et al.	12-12297	4:11-cv-00172-WTM-GRS	08-16-2013	CON	view

Robert M. Osborne, et al. v. FDIC, et al.	12-12290	4:11-cv-00143-WTM-GRS	08-16-2013	CON	view

Stephanie Lindley v. FDIC, et al.	12-12015	4:11-cv-00147-BAE-GRS	08-16-2013	NEW	view

USA v. John L. Yates	11-16093	2:10-cr-00066-JES-SPC-1	08-16-2013	NEW	view

USA v. Kenneth Lamar Madden	11-14302	8:11-cr-00012-JDW-AEP-2	08-16-2013	NEW	view

Warren Lokey v. FDIC, et al.	12-12299	4:11-cv-00146-WTM-GRS	08-16-2013	CON	view

Clifford A. Zucker, et al. v. FDIC	12-11392	10-02872-LMI	08-15-2013	NEW	view

Kevin Spencer v. USA	10-10676	3:08-cv-00914-VMC-MCR, 3:06-cr-00349-VMC-MCR-1	08-15-2013	NEW	view

ALEJANDRO VILLA-ANGUIANO V. ERIC H. HOLDER JR.	08-74585	Board of Immigration Appeals	Agency		08/14/2013
USA V. GARY ERMOIAN	11-10124	Fresno District Court	Criminal		08/14/2013
USA V. RONALD MOSCHELLA	11-50377	Santa Ana District Court	Criminal		08/14/2013
USA V. FACUNDO ACOSTA-CHAVEZ	12-10324	Tucson District Court	Criminal		08/14/2013
A.D. V. DEPARTMENT OF EDUCATION, STATE	12-17610	Honolulu District Court	Civil		08/14/2013
USA V. TYMOND PRESTON	11-10511	Prescott District Court	Criminal	ebo	08/14/2013
ELIZABETH HASKELL V. KAMALA D. HARRIS	10-15152	San Francisco District Court	Civil	o*	08/14/2013
USA V. RUDY GARCIA	11-30348	Spokane District Court	Criminal	oa*	08/13/2013
IN RE COMPLAINT OF JUDICIAL MISCONDUCT	13-90073		Judicial Misconduct	o*	08/13/2013
EDGAR CORDOBA V. ERIC H. HOLDER JR.	08-74384	Board of Immigration Appeals	Agency		08/13/2013
TAMER SALAMEH V. TARSADIA HOTEL	11-55479	San Diego District Court	Civil		08/13/2013
JOHN URBINO V. ORKIN SERVICES OF CALIFORNIA,	11-56944	Los Angeles District Court	Civil		08/13/2013
NO OPINIONS FILED TODAY					08/12/2013

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