Eighth Circuit: United States v. Kaylo Roelandt

Fourth Amendment

Given police knowledge of gang affiliation, past felony conviction, and likelihood of retaliatory shootings in the area due to a recent shooting (in addition to, apparently, a CI tip), furtive behavior sufficed for a Terry stop.


United States  v.  Kaylo Roelandt

Eighth Circuit: Patrick A. Dadd v. Anoka County

Prisons, S1983

Deliberate indifference suit states a claim where arresting officers and jail personnel were told of recent dental surgery but withheld pain relievers.  There is no implicit passage-of-time requirment for deliberate indifference claims.

As the timing-based assertion of qualified immunity was nonfrivolous, the other arguments won't be sanctioned.

Patrick A. Dadd  v.  Anoka County

Sixth Circuit: USA v. Ryan Collins - Northern District of Ohio at Akron

Sentencing

Post-verdict jury poll as to appropriate sentence was not an inappropriate factor in sentencing judge's decision.

Sentence was not substantively unreasonable.


USA v. Ryan Collins - Northern District of Ohio at Akron

Fifth Circuit: Hartford Casualty Insurance Co, et al v. DP Engine

Insurance

Under state law, no duty to defend if the policy excludes professional services and all of the actions described in the complaint require professional training.

Given the many theories of harm and recovery, error to rule that duty to defend was coeval with duty to indemnify.

Counterclaims relied on duty to defend. 


Hartford Casualty Insurance Co, et al v. DP Engine

Second Circuit: In re Payment Card Interchange Fee and Merchant Discount Antitrust

Class Actions

Error to certify a class as settlement-only where injunctive and monetary remedies sought created conflicting interests.  Counsel had little incentive to zealously fight for injunctive component, given fee distribution, and class members could not opt-out.

Settlement agreement a nullity.  [Rather a lot of money.]

In re Payment Card Interchange Fee and Merchant Discount Antitrust

First Circuit: Baker v. Harrington

Legal Ethics, Bankruptcy

Misleading characterization of statute and precedent calculated to delay the proceedings is an impermissible artifice of zeal. 
Sanction of having to enroll in a Legal Ethics course upheld.

 Baker v. Harrington

First Circuit: US v. Henry

Corrigenda.

 US v. Henry

First Circuit: Worcester v. Springfield Terminal Railway

FRCP, Erie

In determining when the clock is tolled for filing of an appeal, the critical question is whether the court is involved in ending the last motion filed.  A motion filed and withdrawn without court involvement does not toll the limit, but a motion filed and then withdrawn in a telephone colloquy stops the clock.

 No error in use of common law standard where federal statute had no standard for punitive damages as opposed to borrowing state law standard, given legislation's intent of standardizing the remedy and the background principles of common law against which Congress legislates.


Worcester v. Springfield Terminal Railway

First Circuit: US v. Casey

Corrigenda.


US v. Casey

First Circuit: Rivera-Rivera v. US

Ineffective Assistance, Interstate Commerce

No ineffective assistance in lack of objection to interstate commerce element to mall robbery, as subsequent appellate review said that the trial court ruling would have been upheld in de novo review

Dissent -- In dicta.

Rivera-Rivera v. US