S1983
No heightened pleading for FRCP - Iqbal/Twombly prevails.
Plaintiff's attachment of police reports to complaint does not bar plaintiff from challenging substance of the reports.
Second amendement to claim for for purpose of challenging substance of previously attached reports not barred by judicial estoppel.
A S1983 municipal liability suit states a claim despite not identifying the policymaker that adopted the unconstitutional policy.
Unlawful seizure of houseboat is fourth amendment claim, not a due process claim.
http://media.ca11.uscourts.gov/opinions/pub/files/201412482.pdf
Since 2011. An occasional commonplacing of the U.S. Circuit Courts of Appeal.
Neither an authoritative statement of the law nor legal advice. Quick work.
Ninth Circuit: Allen Davis v. USA
Tax
Closing agreements sound in contract, and therefore do not bar subsequent assessments to the contrary, as the tax authority is a direct exercise of statutory authority. The disparity provides a basis for challenge according to the usual means.
All members of a partnership are not parties to a settlement agreement with the Tax Partner of a partnership, so the relevant statute of limitations runs from the entry of stipulated judgment.
https://d3bsvxk93brmko.cloudfront.net/datastore/opinions/2016/01/25/13-16458.pdf
Closing agreements sound in contract, and therefore do not bar subsequent assessments to the contrary, as the tax authority is a direct exercise of statutory authority. The disparity provides a basis for challenge according to the usual means.
All members of a partnership are not parties to a settlement agreement with the Tax Partner of a partnership, so the relevant statute of limitations runs from the entry of stipulated judgment.
https://d3bsvxk93brmko.cloudfront.net/datastore/opinions/2016/01/25/13-16458.pdf
Fifth Circuit: USA v. Michael Gluk, et al
Securities, FRE
Error to exclude SEC report exonerating defts, as it is an administrative report made with expertise -- would not inappropriately sway jury on issues of disputed fact.
Introduction of uncharged bad behaviour incidental to the fraud should have been more carefully policed at trial.
http://www.ca5.uscourts.gov/opinions/pub/14/14-51012-CR0.pdf
Error to exclude SEC report exonerating defts, as it is an administrative report made with expertise -- would not inappropriately sway jury on issues of disputed fact.
Introduction of uncharged bad behaviour incidental to the fraud should have been more carefully policed at trial.
http://www.ca5.uscourts.gov/opinions/pub/14/14-51012-CR0.pdf
Second Circuit: Main Street Legal Services v. National Security Council
FOIA
The NSA is not an agency subject to FOIA.
The sole statutory function of the agency is to advise the President.
Precedent suggesting that it is an agency subject to FOIA derives from the time when it ran the CIA.
No additional APA jurisdiction from staff structure, Presidential directives, prior rulemmakings, etc.
Dismissal on merits proper, because the FOIA requirements are not jurisdictional but instead speak to the remedies available to the court.
Discovery properly denied, as there was no showing of eventual remedy.
"X-Files" Bonus: No caption on the Circuits's web page - just linked from a hyphen in the upper-left.
http://www.ca2.uscourts.gov/decisions/isysquery/5cfcaf68-de00-4f91-ab9b-7ae48aa36f61/1/doc/13-3792comb_opn.pdf#xml=http://www.ca2.uscourts.gov/decisions/isysquery/5cfcaf68-de00-4f91-ab9b-7ae48aa36f61/1/hilite/
The NSA is not an agency subject to FOIA.
The sole statutory function of the agency is to advise the President.
Precedent suggesting that it is an agency subject to FOIA derives from the time when it ran the CIA.
No additional APA jurisdiction from staff structure, Presidential directives, prior rulemmakings, etc.
Dismissal on merits proper, because the FOIA requirements are not jurisdictional but instead speak to the remedies available to the court.
Discovery properly denied, as there was no showing of eventual remedy.
"X-Files" Bonus: No caption on the Circuits's web page - just linked from a hyphen in the upper-left.
http://www.ca2.uscourts.gov/decisions/isysquery/5cfcaf68-de00-4f91-ab9b-7ae48aa36f61/1/doc/13-3792comb_opn.pdf#xml=http://www.ca2.uscourts.gov/decisions/isysquery/5cfcaf68-de00-4f91-ab9b-7ae48aa36f61/1/hilite/
First Circuit: Reyes-Orta v. Highway and Transportation
Free Speech, employment
Letter by co-worker sufficient proof that employer was aware of political affiliation.
Genuine issue of material fact as to whether adverse employment actions created a cause of action.
Bona fide reason for ending of employment does not mean that there is no issue of material fact as to whether the ending of employment would have happened but for the political speech.
http://media.ca1.uscourts.gov/pdf.opinions/14-2172P-01A.pdf
Letter by co-worker sufficient proof that employer was aware of political affiliation.
Genuine issue of material fact as to whether adverse employment actions created a cause of action.
Bona fide reason for ending of employment does not mean that there is no issue of material fact as to whether the ending of employment would have happened but for the political speech.
http://media.ca1.uscourts.gov/pdf.opinions/14-2172P-01A.pdf
First Circuit: Rivera-Carrasquillo v. Calderon-Lozano
Statute of Limitations
Remanded for explanation of whether SOL defense was disallowed as sanction or denied on merits and specific findings on liability.
http://media.ca1.uscourts.gov/pdf.opinions/14-1047P-01A.pdf
Remanded for explanation of whether SOL defense was disallowed as sanction or denied on merits and specific findings on liability.
http://media.ca1.uscourts.gov/pdf.opinions/14-1047P-01A.pdf
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