End of day

Really, a city that never sleeps should have some 24 hour coffeehouses.  #itsleeps

Only 1 & 2 covered tonight.  More in 5-10 and Federal Circuit.  Cheers.

-CB

Second Circuit: Olagues v. Perceptive Advisors LLC

Defts were no longer corporate insiders for the purposes of the statute when the options expired, since regardless of whether the regulations imposed an earlier constructive time cutoff for the expiration of the option, the plain meaning of the statute, which is to be favored for the ease of mechanical implementation, refers to the actual expiration time of the option.

http://www.ca2.uscourts.gov/decisions/isysquery/e893b2c5-2f54-4145-a8ca-90ff73122a40/2/doc/17-2703_opn.pdf#xml=http://www.ca2.uscourts.gov/decisions/isysquery/e893b2c5-2f54-4145-a8ca-90ff73122a40/2/hilite/

Second Circuit: United States v. Le

Acquisition of biological toxin through the Internet and the mails is fundamentally different than the local use of a similarly proscribed substance, so a statute need not be construed to avoid offending the police power of the states.

Even within such a narrowing construction, acquisition of this substance would be within the plain proscription of the federal statute.

Law implementing international convention is constitutional under the Commerce Clause.

http://www.ca2.uscourts.gov/decisions/isysquery/e893b2c5-2f54-4145-a8ca-90ff73122a40/1/doc/16-819_opn.pdf#xml=http://www.ca2.uscourts.gov/decisions/isysquery/e893b2c5-2f54-4145-a8ca-90ff73122a40/1/hilite/

First Circuit: Aguilar de Guillen v. Sessions

Immigration judge's finding that the persecution was economic in nature was not clearly erroneous in forgoing analysis of secondary and mixed motives, as the record indicates that mixed motives were considered, and nothing in the record suggests that either the judge or the agency understood the finding of economic motive to preclude a finding of secondary or mixed motives.

A social group of single mothers who cannot move from their region is insufficiently particular for consideration of the possibility of future persecution. 

Bare claim that agency's data is dated is insufficient to make it arbitrary or capricious absent a showing of changed conditions.

http://media.ca1.uscourts.gov/pdf.opinions/17-2095P-01A.pdf

First Circuit: Gustavsen v. Alcon Laboratories, Inc.

Plaintiffs challenging design of medication container allege sufficient monetary loss for standing, given the possibility that the market will pass along some savings from a redesigned container to the consumer, and the fact that the present design operates as a surcharge.

Statute with a discrete list in the first subpoint and a list of qualitative factors in the second subpoint encompasses anything that corresponds to the qualitative factors, whether or not in the first subpoint. 

Where an agency's sporadic rulemaking or adjudication is in tension with clearly considered regulatory guidance, less deference is due to the former.

http://media.ca1.uscourts.gov/pdf.opinions/17-2066P-01A.pdf