Out of Time

Out of time -- here are the rest of the links:

Ninth:

https://cdn.ca9.uscourts.gov/datastore/opinions/2016/07/18/14-15695.pdf


Tenth:

https://www.ca10.uscourts.gov/opinions/14/14-1294.pdf

https://www.ca10.uscourts.gov/opinions/14/14-1164.pdf


Eleventh:

http://media.ca11.uscourts.gov/opinions/pub/files/20161366114000.ORD.pdf

http://media.ca11.uscourts.gov/opinions/pub/files/201614556.ord.pdf

http://media.ca11.uscourts.gov/opinions/pub/files/201614756.ORD.pdf


DC:

https://www.cadc.uscourts.gov/internet/opinions.nsf/6F1E74625D7898A985257FF5005066F6/$file/12-3086-1625475.pdf

https://www.cadc.uscourts.gov/internet/opinions.nsf/3D375003952F4CDE85257FF500506715/$file/14-5305-1625459.pdf

https://www.cadc.uscourts.gov/internet/opinions.nsf/19C8333280CE902F85257FF50050673C/$file/15-5051-1625448.pdf

https://www.cadc.uscourts.gov/internet/opinions.nsf/9890A7B22D2FAFC385257FF500506755/$file/15-5118-1625439.pdf


Federal Circuit:

http://www.cafc.uscourts.gov/sites/default/files/opinions-orders/15-1038.Opinion.7-15-2016.1.PDF


Cheers.

-CB

Eighth Circuit: James Pudlowski v. The St. Louis Rams LLC

Class Actions, CAFA, Federal Jurisdiction



Absent claim of lack of jurisdiction, removal notice under CAFA need only make a short plain statement with a plausible claim to removal.  As there was no obligation to prove diversity at removal, affidavits establishing diversity can be considered post-removal.


James Pudlowski  v.  The St. Louis Rams LLC

Eighth Circuit: Mary Hurst v. Southern Arkansas University

Bankruptcy


As payments can be made while maintaining a minimal standard of living, no discharge of student loan debt.

Dissent: Undue hardship under totality.


Mary Hurst  v.  Southern Arkansas University

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

Contracts, Property



Covenant outside the lease to obtain the consent of a third party prior to the ending of a lease did not bar the ending of the lease according to the lease's plain terms.  Lease's commitment to make payments between the parties did not bar the ending of the lease.

Although the third party was a more than incidental beneficiary of the lease, this would merely provide a cause of action upon breach.


 Civic Partners Sioux City, LLC  v.  Main Street Theatres

Eighth Circuit: United States v. Shane Rodriquez

Fourth Amendment, Sentencing


Given parole record and explicit general consent to search of the vehicle, vehicle search was a legitimate parole search, and not an unlawful search incident to arrest.

United States  v.  Shane Rodriquez

Eighth Circuit: Capson Physicians Insurance Co v. MMIC Insurance Inc.

Insurance, Contracts


Although state insurance law does not recognize an affirmative duty to inform an insurance company of facts relevant to the contract, state principles of equitable rescission compel a party with superior knowledge of facts relevant to the contract to disclose those facts in order for the contract to withstand challenge.


Capson Physicians Insurance Co  v.  MMIC Insurance Inc.

Eighth Circuit: Kim Shultz v. Bryan Buchanan

S1983, Fourth Amendment


Yelling and a thud sufficed for emergency aid exception to Fourth Amendment bar to entry of home.

Officer's having sent putative victim into the house does not bar the exception.

Qualified immunity on Taser shock, as the injury was de minimis.

Supplemental jurisdiction over state claims was appropriate.


Kim Shultz  v.  Bryan Buchanan

Eighth Circuit: Jose Perez-Garcia v. Loretta E. Lynch

Immigration


Sufficient evidence and due process where process is issued for compulsory removal on the belief that the alien did not comply with an order of voluntary removal, despite petitioner's claim that he had in fact had departed and then later returned with foreign documents to that effect.

Jose Perez-Garcia  v.  Loretta E. Lynch

Seventh Circuit: Thomas Wilson v. Warren County, Illinois

FHA, S1983, Discrimination



Deliberate photographing of property, conduct that triggered psychological hospitalization, would have been done regardless of the plaintiff's condition, and therefore cannot be the basis for a claim of discrimination under the FHA.

Personal and and municipal S1983 claims barred, as officials were unaware that the repossession was unlawful.

Substantive due process not implicated, as a verbal statement of the law was insufficient to create a state-sponsored danger of inaction during the subsequent repossession.


Thomas Wilson v.   Warren County, Illinois

Sixth Circuit: James McKinney v. Bonita Hoffner

Habeas, AEDPA, Miranda


State Supreme Court's holdings -- that a facially equivocal statement was not interrogation and that deft's invocation of right to counsel followed shortly thereafter by an expressed willingness to talk was not a Miranda violation -- might have been made by a fair-minded jurist.

Dissent doesn't account for AEDPA default.

Dissent -- analysis of second utterance should be considered solely as waiver of expressed invocation.


James McKinney v. Bonita Hoffner

Sixth Circuit: Sheet Metal Employers v. Absolut Balancing

Labor, Arbitration


Federal law governs on issues of formation relevant to CBA agreements to arbitrate.


Sheet Metal Employers v. Absolut Balancing

Fifth Circuit: USA v. Quentin Jeffries

Denial of En Banc, Sentencing


Petitioner did not establish that sentence was passed under the residual clause of the Guidelines.

Circuit has held that the Guidelines residual clause is not implicated by the ACCA residual clause holding of the Supreme Court.


USA v. Quentin Jeffries

Fifth Circuit: Orlando Gutierrez v. Loretta Lynch

Immigration, Estoppel


For the purpose of determining status at the attainment of majority, an alien becomes a lawful permanent resident upon approval of application, not upon the date of an eventually approved application.

Given lack of affirmative misconduct, agency cannot be equitably estopped from arguing that the status was not timely obtained.

Orlando Gutierrez v. Loretta Lynch

Fifth Circuit: Helen Nicholson v. Securitas Security Svc USA

Employment, Discrimination


Right to control the work of an employee is not relevant under the federal age discrimination statute where there is an admission of employment.

Staffing services agreement to end employment at the request of the client company can create a genuine issue of material fact as to complicity in discrimination where the usual inquiries are not made.


Helen Nicholson v. Securitas Security Svc USA

Fifth Circuit: USA v. Benito Sanchez-Rodriguez

Sentencing, Immigration


 For the purposes of immigration determinations, under modified categorical review, state statute prohibiting trafficking in stolen goods is not necessarily a crime of theft
 

USA v. Benito Sanchez-Rodriguez

Fifth Circuit: Karen Sudduth v. TX Hlth and Human Svc Cmsn, et al

Appellate Procedure, FRCP,


Given that courts are permitted to use electronic filing and that the local rules required it, appeal that generated notice and receipt a day late is untimely, despite assertion of technical issues.

Karen Sudduth v. TX Hlth and Human Svc Cmsn, et al

Fifth Circuit: Jillian Johnson v. World Alliance Financial Corp.,

Contract, Tort



Agency regulations on reverse mortgages must be explicitly incorporated in the terms of the mortgage in order to be the basis for a borrower's claim.

No implicit guarantee in a reverse mortgage that the lender will subordinate all intervening liens.

No cause of action of fraudulent inducement where the intervening lien does not support foreclosure.



Jillian Johnson v. World Alliance Financial Corp.,

Second Circuit: United States v. Compton

Fourth Amendment, Terry Stops


Motorist's abrupt visitation of a vegetable stand at the point at which the border immigration checkpoint came into view and the driver and passenger's subsequent separate purchases of peppers provided sufficient reasonable suspicion for the stop.

Observation that items in back seat were covered with a blanket was sufficient reason for prolonging the stop.


United States v. Compton

First Circuit: Cornwell Entertainment, Inc. v. Anchin, Block & Anchin, LLP

FRCP, Statute of Limitations, Choice of Law, Fees, Legal Ethics


Motion for directed verdict arguing lack of fiduciary duty did not adequately preserve argument of qualified privilege related to statements to the government for post-trial motion for judgment notwithstanding the verdict.

Where the state law holds the statute of limitations to be three years for actions seeking damages and six years in an action seeking a remedy in equity, court did not abuse discretion in assigning a three year limit to an action seeking damages for a breach of fiduciary duty.

Doctrine of continuous representation equitably tolls the limit during the transactions at issue, not for the duration of the contractual relationship between the parties.

Reasonable minds could differ as to whether the negotiation for private airplane rental was damaged by the conduct.

Remand, as general verdict makes it impossible to discern theory of initial verdict.

Plaintiff's post-trial motion for fees under law of their state is precluded by the trial's choice of deft's substantive law.

Partner's lateraling to counsel's firm from prosecutor's office investigating parties to the case who was not timely screened does not require counsel to withdraw where the new partner had no actual knowledge of the investigation.

No abuse of discretion in unsealing post-trial testimony of jurors relating to process of verdict, as the public access interest outweighs the interest of confidential deliberations.



Cornwell Entertainment, Inc. v. Anchin, Block & Anchin, LLP

First Circuit: Paolino v. JF Realty, LLC

FRCP, Environmental, Fees


No abuse of discretion in court's refusal to allow revised late-filed expert testimony, as it was duplicative of other testimony, and the equitable reason for the delay had a procedural remedy.

Judgement was not against the weight of the evidence, as the only proof of pollution was from a mingled source and there are other remedial efforts in place to effect the purposes of the statute.

Award of fees under statute upheld, as suit was filed after defts had remedied the harm.
 
Paolino v. JF Realty, LLC

First Circuit: US v. Reed, III

Sentencing, ACCA


Two predicate offenses properly considered separately, despite the single plea agreement, as there was an intervening arrest.

Absent a showing that the offenses were part of a single event or spree, the predicates are properly considered separately.


US v. Reed, III