Ninth Circuit: US v. Raygoza-Garcia

The vehicle's innocent conduct created sufficiently particularized and objective reasonable suspicion for the stop, given the experience of the officers.

Special Concur: True according to precedent, but problematic to use innocent conduct as basis for border stops.

http://cdn.ca9.uscourts.gov/datastore/opinions/2018/08/31/16-50490.pdf

Ninth Circuit: McCray v. Marriott

Where a labor right arises from a statute but is waived by a CBA, a challenge to the waiver is construed as a challenge to the statute, not to the CBA, making preemption removal inapposite and depriving the federal court of jurisdiction over the question of state law.

Dissent:  It's about the CBA.

http://cdn.ca9.uscourts.gov/datastore/opinions/2018/08/31/17-15767.pdf

Eighth Circuit: Matthew Dickson v. Gospel for ASIA, Inc.

Arbitration agreement had sufficient mutuality in the counter-party's agreement to be bound.

Dissent: State law requires that, in order to create an enforceable agreement, both parties to an arbitration agreement must agree to arbitrate claims.

http://media.ca8.uscourts.gov/opndir/18/08/171191P.pdf

Seventh Circuit: Estate of Derek Williams, Jr. v. Jeffrey Cline

Remand of interlocutory review of denial of qualified immunity in order for the court below to make factual findings as to the defts' specific conduct.

http://media.ca7.uscourts.gov/cgi-bin/rssExec.pl?Submit=Display&Path=Y2018/D08-31/C:17-2603:J:Ripple:dis:T:fnOp:N:2211195:S:0

Seventh Circuit: USA v. Napoleon Foster

A conviction for using a firearm in the course of a robbery precludes increasing the underlying sentence for the robbery itself for explosive or weapons threats, even when those threats are unconnected to the firearm used in the robbery.

http://media.ca7.uscourts.gov/cgi-bin/rssExec.pl?Submit=Display&Path=Y2018/D08-31/C:17-3236:J:Scudder:aut:T:fnOp:N:2211361:S:0

Fifth Circuit: Joseph Zadeh, et al v. Mari Robinson, et al

While the medical profession generally is not a closely regulated industry for the purpose of determining the legitimate expectation of privacy of its members, pain management clinics might be a different case.  Grant of qualified immunity upheld, as the scope of legitimate targets of administrative subpoenas was not clearly defined at the time.

Search not pretextual, as it was not conducted entirely to uncover criminality.

Court appropriately prudentially declined to hear application to stay state medical board's investigation, which can be considered a judicial proceeding.

Supervisor who acted according to the usual practices of the department was not deliberately indifferent to the potential harms of subdelegation.

Concur dubitante: @justicewillett -- QI problematic.

http://www.ca5.uscourts.gov/opinions/pub/17/17-50518%20-CV0.pdf

Fifth Circuit: Marcus Mote v. Debra Walthall

Employees' rights of expressive association and freedom of speech in forming association for mutual aid and support is protected under the First Amendment whether or not state law will permit the association to become an exclusive bargaining agent for the employees.  Denial of qualified immunity upheld, as this was clearly established at the time.

http://www.ca5.uscourts.gov/opinions/pub/17/17-40754-CV1.pdf

Third Circuit: Theodore Hayes v. Philip Harvey

Statute providing that a tenant receiving federal assistance may elect to remain in the housing under a different assistance program if the landlord opts out of the first assistance program creates a right to lease renewal absent good cause enforceable against any purchaser of a property currently rented to participants in the first assistance program.

Deference to agency's interpretation according to the power to persuade; remand to determine what constitutes good cause for nonrenewal.

http://www2.ca3.uscourts.gov/opinarch/162692p1.pdf