Should have been able to get through all of these. Citius, altius, etc. Brain-cloud, perhaps.
http://media.ca8.uscourts.gov/opndir/18/09/173242P.pdf
http://media.ca8.uscourts.gov/opndir/18/09/163891P.pdf
http://media.ca8.uscourts.gov/opndir/18/09/172012P.pdf
http://cdn.ca9.uscourts.gov/datastore/opinions/2018/09/05/17-35355.pdf
http://cdn.ca9.uscourts.gov/datastore/opinions/2018/09/05/16-35431.pdf
http://cdn.ca9.uscourts.gov/datastore/opinions/2018/09/05/13-56061.pdf
http://media.ca11.uscourts.gov/opinions/pub/files/201714677.pdf
http://media.ca11.uscourts.gov/opinions/pub/files/201315258.pdf
-CB
Since 2011. An occasional commonplacing of the U.S. Circuit Courts of Appeal.
Neither an authoritative statement of the law nor legal advice. Quick work.
Seventh Circuit: USA v. Daniel Stewart
No plain error in prolongation of traffic stop, given the minimal length of traffic stop. Sufficient evidence for money laundering, given illicit source of funds.
http://media.ca7.uscourts.gov/cgi-bin/rssExec.pl?Submit=Display&Path=Y2018/D09-05/C:16-4105:J:Rovner:aut:T:fnOp:N:2212702:S:0
http://media.ca7.uscourts.gov/cgi-bin/rssExec.pl?Submit=Display&Path=Y2018/D09-05/C:16-4105:J:Rovner:aut:T:fnOp:N:2212702:S:0
Sixth Circuit: Brittany Harris v. Kimberly Klare
Denial of qualified immunity as a matter of law for officer's search of minor during traffic stop, as there is a question of whether the officer knew that there were minimal grounds for suspicion and that a dog search had turned up nothing; denial of qualified immunity as a matter of law for consensual search, as minor plaintiff was hancuffed, surrounded by police, had been stopped for an hour, and the search was apparently a precondition to using the restroom.
http://www.opn.ca6.uscourts.gov/opinions.pdf/18a0198p-06.pdf
http://www.opn.ca6.uscourts.gov/opinions.pdf/18a0198p-06.pdf
Third Circuit: Damien Preston v. Superintendent Graterford SCI
Although counsel in the initial state collateral challenge was ineffective, excusing the waiver of the claim due to its omission, the underlying claim of ineffective assistance at trial due to the Confrontation Clause violation did not prejudice the petitioner, given the cumulative evidence of guilt.
http://www2.ca3.uscourts.gov/opinarch/163095p.pdf
http://www2.ca3.uscourts.gov/opinarch/163095p.pdf
Third Circuit: Township of Bordentown v. FERC
Issuance of a permit conditioned on obtaining of second state permit did not offend the Act, as the conditional permit did not allow any discharges into the waters of the United States.
As each project is viable without the other, agency was not arbitrary or capricious in considering them separately.
Deference to agency determination that nonjurisdictional utility project was not sufficiently connected to jurisdictional projects to warrant formal review.
Agency's determination of minimal impacts appropriately resolved claim of cumulative impacts.
etc, etc. ...
Original federal appellate jurisdiction for violations of the act does not displace state administrative remedies in the permitting process.
http://www2.ca3.uscourts.gov/opinarch/171047p.pdf
As each project is viable without the other, agency was not arbitrary or capricious in considering them separately.
Deference to agency determination that nonjurisdictional utility project was not sufficiently connected to jurisdictional projects to warrant formal review.
Agency's determination of minimal impacts appropriately resolved claim of cumulative impacts.
etc, etc. ...
Original federal appellate jurisdiction for violations of the act does not displace state administrative remedies in the permitting process.
http://www2.ca3.uscourts.gov/opinarch/171047p.pdf
Third Circuit: Carol Vorchheimer v. Philadelphian Owners Association
To state a claim for denial of necessary housing accommodation, plaintiff must establish the necessity of the accommodation beyond alternate solutions proposed by the landlord. Joint agency statement indicating that the tenant has a right to their suggested modification has little power to persuade, as it does not explicitly purport to interpret the statute.
http://www2.ca3.uscourts.gov/opinarch/171738p.pdf
http://www2.ca3.uscourts.gov/opinarch/171738p.pdf
Third Circuit: In re: Tribune Media Company
Bankruptcy Court had statutory jurisdiction to resolve discrimination claims against debtor as a matter of law, as plaintiff consented to jurisdiction, and the statutory carve-out that would usually move personal-injury tort claims to the District Court is not a jurisdictional provision.
Implicit consent to jurisdiction suffices for a Bankruptcy Court to resolve the claim; by filing and seeking judgment from the court, Plaintiff consented to jurisdiction as to constitutional concerns. Constitutional challenges to the court's jurisdiction might have been lodged during the proceedings or in a motion challenging the denial of claim, making the present challenge untimely.
As plaintiff received notice and opportunity to be heard, there were no Due Process violations inherent in the Bankruptcy forum; consent to forum waived the jury trial right; challenge to local counsel rule waived for not being raised below.
Post-discharge, a tort liability claim that was incorporated in the bankruptcy settlement cannot be transferred or remanded.
Given absence of incidents in employee's file, employer not liable for racial animus under respondeat superior.
Employee's termination for fighting during the incident of alleged racial animus had a sufficiently non-discriminatory rationale.
http://www2.ca3.uscourts.gov/opinarch/172449p.pdf
Implicit consent to jurisdiction suffices for a Bankruptcy Court to resolve the claim; by filing and seeking judgment from the court, Plaintiff consented to jurisdiction as to constitutional concerns. Constitutional challenges to the court's jurisdiction might have been lodged during the proceedings or in a motion challenging the denial of claim, making the present challenge untimely.
As plaintiff received notice and opportunity to be heard, there were no Due Process violations inherent in the Bankruptcy forum; consent to forum waived the jury trial right; challenge to local counsel rule waived for not being raised below.
Post-discharge, a tort liability claim that was incorporated in the bankruptcy settlement cannot be transferred or remanded.
Given absence of incidents in employee's file, employer not liable for racial animus under respondeat superior.
Employee's termination for fighting during the incident of alleged racial animus had a sufficiently non-discriminatory rationale.
http://www2.ca3.uscourts.gov/opinarch/172449p.pdf
Third Circuit: William Lee v. Sixth Mt Zion Baptist Church
Claims of minister whose contract with his church was terminated for cause due to lack of spiritual leadership do not present an issue for trial, as the question would impermissibly entangle the court in religious matters, and the church has a freestanding First Amendment right to select its ministers.
http://www2.ca3.uscourts.gov/opinarch/173086p.pdf
http://www2.ca3.uscourts.gov/opinarch/173086p.pdf
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