End of day

Much law to the west (and southeast), viz:

http://www.ca5.uscourts.gov/electronic-case-filing/case-information/current-opinions

http://www.opn.ca6.uscourts.gov/opinions/opinions.php

http://media.ca7.uscourts.gov/cgi-bin/rssExec.pl?Time=week&FromMonth=&FromDay=&FromYear=&ToMonth=&ToDay=&ToYear=&Author=any&AuthorName=&Case=any&CaseY1=&CaseY2=&CaseN1=&CaseN2=&CaseN3=&CaseN4=&Submit=Submit&RssJudgeName=Wood&OpsOnly=yes

http://media.ca8.uscourts.gov/cgi-bin/TodayOpn.pl

https://www.ca9.uscourts.gov/opinions/?pk_id=0000009531

https://www.ca10.uscourts.gov/clerk/opinions/daily

http://www.ca11.uscourts.gov/todays-published-opinions

https://www.cadc.uscourts.gov/internet/opinions.nsf

http://www.cafc.uscourts.gov/opinions-orders

-CB

Third Circuit: Newark Cab Association v. City of Newark

The owner of a taxi licence has a Constitutional property interest in the licence, but not necessarily in its economic value. 

Sufficient rational basis for treating street-hail cabs differently than app-based services. 

City's licensing scheme does not use language that plainly expresses the intention to create a contractual obligation, and is not definite enough to bind by estoppel,.

http://www2.ca3.uscourts.gov/opinarch/171358p.pdf

Third Circuit: In re: Arctic Glacier International

Shareholders who acquired shares post-bankruptcy-confirmation are transferees who step into the shoes of the previous owners, and their post-confirmation claims based on FINRA and tort are therefore barred by the bankruptcy's release of claims.

http://www2.ca3.uscourts.gov/opinarch/172522p.pdf

Second Circuit: United States v. Lloyd

Although the court erred in not reciting the elements of the crime during the plea colloquy, there is insufficient proof on appeal that the deft would have otherwise rejected the plea. 

Ample grounds in the facts stipulated and the PSR for the court to be satisfied that the plea was legitimate.

Ineffective assistance claim reserved for collateral challenge to allow for development of the record.

http://www.ca2.uscourts.gov/decisions/isysquery/18117533-af8c-4c92-8e88-1a67ed0ac49a/1/doc/16-3169_opn.pdf#xml=http://www.ca2.uscourts.gov/decisions/isysquery/18117533-af8c-4c92-8e88-1a67ed0ac49a/1/hilite/

Second Circuit: Paysys Int’l, Inc. v. Atos IT Servs. Ltd.

Granting of motion to dismiss with prejudice is appealable as a final order, regardless of whether a final decision has been entered.

A party moving to dismiss its own complaint with prejudice after the filing of the first responsive pleading is entitled to withdraw the motion and proceed to litigate the merits when the movant believes that the more than de minimis conditions for dismissal ordered by the court are excessive.

http://www.ca2.uscourts.gov/decisions/isysquery/18117533-af8c-4c92-8e88-1a67ed0ac49a/2/doc/17-2204_opn.pdf#xml=http://www.ca2.uscourts.gov/decisions/isysquery/18117533-af8c-4c92-8e88-1a67ed0ac49a/2/hilite/

First Circuit: Mondol v. Somerville, MA

Meetings between the principals after the events of the case do not in themselves present an issue of possible cover-up for trial; communications before the events of the case do not in themselves present an issue of conspiracy for trial, as the wrong was likely not planned in advance.

Judges shouldn't be asked to hunt for truffles.

http://media.ca1.uscourts.gov/pdf.opinions/17-2076U-01A.pdf

First Circuit: Lemus v. Sessions

Corrigendum.

http://media.ca1.uscourts.gov/pdf.opinions/17-2068E-01A.pdf

First Circuit: US v. Madera-Rivera

Corrigendum,.

http://media.ca1.uscourts.gov/pdf.opinions/17-1319E-01A.pdf

First Circuit: Soto-Cintron v. US

As the arresting officers' mistake was reasonable, given the message received on the radio, it would not have been actionable in a suit against the government -- as it was not actionable in that context, there is no private wrong to sound in tort.

http://media.ca1.uscourts.gov/pdf.opinions/17-1180P-01A.pdf

First Circuit: Newman v. Lehman Brothers Holdings Inc.

When the complaint affirmatively states a filing date for an administrative proceeding that would be past the statutory cutoff, but then is subsequently amended to obscure that filing date, the court does not engage in impermissible fact-finding  in examining the administrative complaint to determine if it was timely, since the administrative complaint serves as the factual basis for the present action.

http://media.ca1.uscourts.gov/pdf.opinions/15-2239P-01A.pdf

First Circuit: US v. Villodas-Rosario

Consideration of whether enforcing an appellate waiver in a plea deal would be a miscarriage of justice refers to the harm alleged in the appeal, not whether the mechanics of the plea deal itself work a miscarriage of justice.

http://media.ca1.uscourts.gov/pdf.opinions/15-1981P-01A.pdf