End of day

More here:

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

http://media.ca7.uscourts.gov/opinion.html

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

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

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

-CB

Fifth Circuit: USA v. Raylin Richard

Plea bargain appeals waiver bars challenge to element of crime charged in bill of information; a guilty plea to the bill with a factual resume concedes all elements of conviction.

Sentence increase for causing victim to engage in certain behavior does not require that the victim is conscious of engaging in the behavior.

Sentence increase for obstruction justified when the obstruction is in a closely related matter.

http://www.ca5.uscourts.gov/opinions/pub/17/17-30654-CR0.pdf

Third Circuit: Edward Mitchell v. Superintendent Dallas SCI

Although co-deft was correctly granted the writ on question of severance at trial, a subsequent change in the law has established that there was no confrontation clause issue requiring severance, and since the present petitioner is not being held in violation of the law, Habeas would not run.

http://www2.ca3.uscourts.gov/opinarch/173118p.pdf

Second Circuit: HealthBridge Management, LLC v. National Labor Relations Board

Given the evidence that the move was an attempt to avoid obligations under the CBA, employer's shift of a group of employees to a subcontractor was simply a disguised continuance of the business, and the protections of the CBA continued, whatever the technical employment status of the employees.

Holiday time-and-a-half provision of CBA not limited by parallel provision granting holiday pay to certain classes of workers; plain meaning and course of performance establish this.

CBA counts lunch half-hour as time actually worked, as it is compensated. 

http://www.ca2.uscourts.gov/decisions/isysquery/d47790dc-6fa3-4dbe-a24f-0ca686fe2fbe/1/doc/17-934_opn.pdf#xml=http://www.ca2.uscourts.gov/decisions/isysquery/d47790dc-6fa3-4dbe-a24f-0ca686fe2fbe/1/hilite/

First Circuit: Harry, Jr. v. Countrywide Home Loans, Inc.

Fraud that voids a transaction ab initio does not toll or waive the relevant statute of limitations for actions to claiming fraud that voids a transaction ab initio.

Tolling a statute of limitations due to fraudulent concealment requires a threshold showing of due diligence by the movant, which can be disproved by delays in filing.

Acceleration of a mortgage note does not affect the time limits under state law on the right to foreclose.

Mortgagor does not have a private right of action against mortgagee under state mortgage licensing law.

http://media.ca1.uscourts.gov/pdf.opinions/16-2380P-01A.pdf