Eleventh Circuit: USA v. Kendrick Eugene Duldulao, et al.

 Although the conspiracy instruction might have been faulty, a prior panel held that it sufficiently conveyed the mens rea required for culpability, and circuit precedent can't be changed within the circuit absent en banc review. Circuit precedent to contrary was for general offense of conspiracy, rather than specific statute.

Although the other challenged instruction was suggested by the deft at trial (in accordance with longstanding precedent), subsequent changes in the caselaw are an exception to the invited-error doctrine, and sufficient under plain error review.

Sufficient evidence for conviction.  Expert medical testimony on appropriate standard of care, even when dispositive, wasn't plain error.

USA v. Kendrick Eugene Duldulao, et al.

Tenth Circuit: Team Industrial Services v. Zurich American Insurance Company, et al.

 Second company that assumed the obligations of a first company by a series of agreements consolidating and retiring the earlier agreements was not covered under the insurance of the counterparty, as the new agreements set such coverage at the discretion of the counterparty.  Use of the first company's credentials by the second company to file insurance paperwork insufficient to offset.  No cause for reformation absent evidence that the counterparty had any other intent.  If there was a fiduciary duty of the counterparty, it was owed only to the first company.  Promissory estoppel unjustified.

Team Industrial Services v. Zurich American Insurance Company, et al.

Ninth Circuit: Tellez-Ramirez v. Garland

Under modified categorical review, the state drug statute is a valid immigration predicate.  The list of drug classes doesn't establish several means of committing a single crime in itself, but is rather a list of  elements establishing distinct violations--this is due to the varying lengths of sentence, caselaw referencing the need to prove specific substances within a single class, and the fact that the specific illicit substance is named within the jury instructions.  

The overbreadth of the state statute relative to the federal crime doesn't import a similar overbreadth into the mens rea; a belief that the substance was proscribed under state law would suffice for a state conviction that could pass Immigration muster, as the state mens rea and federal mens rea requirements are identical.

State caselaw incorporating solicitation into aiding and abetting, and under which, by statute, the conduct is culpable as the conduct of a principal under the specific state statute doesn't make the specific state statute broader than the federal version, since solicitation alone would be an inchoate offense distinct from an accessory's conviction as a principal under the specific statute, which would require a completed offense--not mere solicitation.

Tellez-Ramirez v. Garland

Sixth Circuit: In re: Cal. Palms Addiction Recovery Campus, Inc.

Shifting the bankruptcy proceeding to another statutory title for purposes of liquidation finalized the rights of the parties with significant and irreparable consequences, so the order is sufficiently final for purposes of appeal.

Court did not abuse its discretion in moving to liquidation, despite the possibility that the order would diminish the party's ability to recover funds in pending lawsuits, given concerns about the management of the estate.

Party insufficiently prejudiced by two-day violation of notice requirement. Lack of counsel at hearing not prejudicial, as there was no objection to withdrawal or request for continuance.

Cal. Palms Addiction Recovery Campus, Inc.

Fifth Circuit: Sligh v. City of Conroe

Police dog's directed attack was a violation of pedestrian's constitutional rights, but not a clearly established violation of constitutional rights for liability purposes, since precedent cited was of a non-resisting suspect.  Similarly, claims against bystander officers and the municipality were not against clearly established law.  Police knowledge that pedestrian was a mental patient insufficient for a claim under the disability act.

Sligh v. City of Conroe

Fourth Circuit: US v. Dearnta Thomas

 The federal racketeering violence statute is a crime in itself, and satisfies the requirements for a crime of violence without looking through the statute to the underlying state-law predicates of the conviction.

US v. Dearnta Thomas