The rest of the story


End of day.  Perfunctory coverage continues.

http://www.ca3.uscourts.gov/opinions-and-oral-arguments

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

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

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

-CB

Third Circuit: USA v. Anthony Mayo

A second or successive habeas petition will be entertained if the sentence challenged may have been based on the retroactively invalidated sentencing provision.

State statute is categorically not a valid predicate crime of violence, as it can be committed by an omission.

http://www2.ca3.uscourts.gov/opinarch/164282p.pdf

Third Circuit: Encompass Insurance Co v. Stone Mansion Restaurant Inc

Given the plain reading of the statute, a domestic opponent can remove a case to federal court despite the forum defendant rule if the notice of removal is filed before acceptance of service of the complaint; the rule as set forth in the statute only applies to parties who have been properly joined and served.  Party's agreement to accept electronic service did not have a preclusive effect on consent to jurisdiction.

As contribution within joint liability arises not from a finding of liability, but from an equitable allocation of costs, the insurer of a driver who harms another can recover a contribution from the bar that served the driver, despite the dram shop law limiting liability to third parties.

http://www2.ca3.uscourts.gov/opinarch/171479p.pdf


Third Circuit: Brandy Kane v. Shawn Barger

Denial of qualified immunity, as circuit precedent involving illicit videotaping of fellow officers and inappropriate physical contact with arrestees clearly established a due process right to bodily integrity that was offended by the manner of the assault investigation.

http://www2.ca3.uscourts.gov/opinarch/173027p.pdf

Third Circuit: Elaine Levins v. Healthcare Revenue Recovery

A debt collector's phone message left under a DBA states a claim for a violation of the "true name" provision of the statute, but importing the "true name" requirement into other prohibited deceptive practices would make the provision superfluous.

http://www2.ca3.uscourts.gov/opinarch/173330p.pdf

Second Circuit: Am. Civil Liberties Union v. U.S. Dep’t of Defense

The Secretary's designation of the photos as protected under the Act was logical and plausible given the consultations with military commanders and the commanders' detailed reports of the military situation.

http://www.ca2.uscourts.gov/decisions/isysquery/e4d28d9e-9be6-4844-a955-5bf7b1ff418f/1/doc/17-779amm%20com_opn.pdf#xml=http://www.ca2.uscourts.gov/decisions/isysquery/e4d28d9e-9be6-4844-a955-5bf7b1ff418f/1/hilite/