Third Circuit: Ahmed Bakran v. Secretary

As the statute vests the determination of status in the agency and such action is statutorily unreviewable, supporting criteria developed by the agency are also unreviewable, as they are merely interpretive aspects of the determination.

As the felony conviction of the alien's spouse and sponsor does not impede the marriage, but merely the right of the spouse to live in the US, the right to marry is not affected; further, the question of residency is much broader, and the limitation of the rights of the sponsor following a felony conviction is a reasonable one.

As the statute that attached new limitations to the rights of those already convicted was clearly intended to apply to past convictions and referenced post-enactment dangers, there is no violation of Ex Post Facto; waived anyway.

http://www2.ca3.uscourts.gov/opinarch/163440p.pdf

DC Circuit: USA v. Gregory Sitzmann

Consideration of extraterritorial conduct did not violate the presumption against extraterritoriality, given the domestic elements of the conspiracy.

Assuming manufactured venue is a thing, agents' instructions to wire funds to DC was not an impermissible creation of venue.

As venue was not objected to prior to the close of the prosecutions case in chief, no error in court's holding that it was not an issue for the finder of fact.

No Brady claim in late release of co-conspirator's grand jury testimony, as insufficiently exculpatory.

Purportedly false evidence presented insufficiently prejudicial.

Introduction of co-conspirator's guilty plea not plain error, as insufficiently prejudicial.

No ineffective assistance.

https://www.cadc.uscourts.gov/internet/opinions.nsf/38541443F92BCBB4852582BB00514136/$file/15-3074.pdf

Eighth Circuit: US v. Kevin Morrisey

Plain error not to instruct jury that Possession, as a lesser included offense of Receipt, could not be proved with respect to the same items.

Improper venue claim waived by counsel at trial.

Shift in the theory of the offense that would have encompassed crimes outside of the court's jurisdiction did not constitute a constructive amendment of the indictment, as venue is not an essential element of the offense. 

Plain error to admit spreadsheet with list of images with outside expert hearsay commmentary, but no prejudice.

No prejudice from statement in closing that implied that files could be received by when internally transferred.

http://media.ca8.uscourts.gov/opndir/18/06/172157P.pdf

Seventh Circuit: Chicago Joe's Tea Room, LLC v. Village of Broadview

Denial of equitable relief can suffice for interlocutory appeal despite pendent unresolved damages.

Sufficient standing for the owner where owner leases to a party who leases to another party for use barred by the action in question.

Claim arising from municipality's barring of the use is moot, as the lessee's planned use would always have violated governing law, so enforcement of the municipal regulation is not barred by the vested rights doctrine; an earlier finding of licit use does not bind under law of the case, as it is a subjective, discretionary consideration of jurisdiction, and there is no indication that the earlier finding considered the relevant statute. 

http://media.ca7.uscourts.gov/cgi-bin/rssExec.pl?Submit=Display&Path=Y2018/D06-29/C:16-1989:J:Hamilton:aut:T:fnOp:N:2178625:S:0

Eighth Circuit: Mario Ortiz v. Ferrellgas Partners

Where injunctive antitrust relief is sought, and the remedy parallels existing FTC consent orders, the complaint, to establish an injury, must contain sufficient factual content to support the rational inference that the nonmovant has violated the consent orders.

Indirect purchasers cannot seek disgorgement, given the risk of multiple and inconsistent proceedings.

Remanded to consider if state law claims are sufficient to retain jurisdiction.

http://media.ca8.uscourts.gov/opndir/18/06/164086P.pdf

Ninth Circuit: Nu Image v. IATSE Local 720

The relevant statute only grants federal jurisdiction over claims of CBA violations; a suit alleging that the provision is void for lack of formation under state law therefore does not state a claim under the statute.

Dissent: It can be construed as a request for declaratory judgment as to the plaintiffs own alleged violation of that provision of the CBA.

http://cdn.ca9.uscourts.gov/datastore/opinions/2018/06/20/16-55451.pdf

Seventh Circuit: Pain Center of SE Indiana, LLC v. Origin Healthcare Solutions LLC

Anonymous parties to case are sufficiently de minimis for diversity purposes, so there's jurisdiction.

Actively supported software license is, under state "predominant thrust" test, a contract for services, rather than goods, making the UCC inapplicable.

State tort claims are time-barred, as the plaintiff had knowledge of the harm during the continuing contract.

http://media.ca7.uscourts.gov/cgi-bin/rssExec.pl?Submit=Display&Path=Y2018/D06-20/C:17-1276:J:Sykes:aut:T:fnOp:N:2173943:S:0

Fourth Circuit: Alan Metzgar v. KBR, Inc.

Suit against military contractor for trash burn pits and water provision is barred under the political question doctrine, given that the military's control over the processes at issue was plenary and actual.

As the suit is dismissed as nonjusticiable, the pendent FTCA suit is moot -- statutory exemption not reached.

http://www.ca4.uscourts.gov/opinions/171960.P.pdf

Tenth Circuit: Odom v. Penske Truck Leasing Co.

Remand to District Court after certified question to examine whether affiliated company had a persona distinct from the employer for purposes of workers compensation.

A motion to dismiss a suit in federal court on the basis that state law deprives state courts of the ability to hear a similar claim asserts not a lack of jurisdiction, but the invocation of a waiveable affirmative defense that should be construed as a motion for summary judgment.

https://www.ca10.uscourts.gov/opinions/17/17-6065.pdf

Federal Circuit: Xitronix Corp. v. KLA - Tencor Corp.

Denial of en banc.

Dissent from denial: Where plaintiff does not allege any non-patent-law theory of harm in an antitrust suit, the circuit is not divested of jurisdiction to hear the claim, given statutory grant of jurisdiction.

http://www.cafc.uscourts.gov/sites/default/files/opinions-orders/16-2746.Order.6-15-2018.1.pdf

Third Circuit: USA v. Raymond Napolitan

Habeas, Federal Jurisdiction


A federal court does not abuse its discretion in ordering a custodial sentence to be served consecutively with a state sentence despite the possibility that the state sentence was rendered unconstitutionally. 

Procedurally, this means that a state custodial sentence cannot be challenged on constitutional grounds on federal direct appeal.

USA v. Raymond Napolitan

Eighth Circuit: James Pudlowski v. The St. Louis Rams LLC

Class Actions, CAFA, Federal Jurisdiction



Absent claim of lack of jurisdiction, removal notice under CAFA need only make a short plain statement with a plausible claim to removal.  As there was no obligation to prove diversity at removal, affidavits establishing diversity can be considered post-removal.


James Pudlowski  v.  The St. Louis Rams LLC

Seventh Circuit: FDIC v. Kenneth Hoffman, Jr.

Federal Jurisdiction, Contracts


Court retains jurisdiction when FDIC assigns its interest in the loan to a private company, as the case continues to arise under federal law.

Under state law, release of claim that contains a general release of claim as well as a release of a specific claim is facially ambiguous.

Under state law, the fair and customary meaning prevails.


FDIC v. Kenneth Hoffman, Jr.

Fifth Circuit: Ronda Crutchfield, et al v. Sewerage & Water Board

FRCP, Class Actions


Appeals court, in assuring itself of its own jurisdiction, has power to review whether the District Court had initial jurisdiction under federal officer doctrine prior to denying certification of the class.

As the general circumstantial theory of harm would be displaced under state law by particulars of each claim where available, lack of predominance allowed court to bar certification of the class without abusing its discretion.


Ronda Crutchfield, et al v. Sewerage & Water BoDistrict Court had suard

Eighth Circuit: United States ex rel Fields v. Bi-State Devel. Agency, etc.

FRCP, Federal Jurisdiction, FCA


An inter-state compact entity's interlocutory appeal asserting lack of jurisdiction under the False Claims Act is not sufficiently final for appellate review, as it does not implicate sovereign immunity under the 11th Amendment, which, although related, is a distinct claim that has to be asserted below.


Eighth Circuit: United States ex rel Fields  v.  Bi-State Devel. Agency, etc.

Second Circuit: In re Motors Liquidation Co.

Bankruptcy, Jurisdiction, Procedural Due Process,  Mootness


As direct and indirect post-sale claims against the successor corporation arose within the bankruptcy process and related to the injunctions issued, the bankruptcy court properly exercised jurisdiction over the claims.

Prepetition tort claims against a successor corporation state a claim in bankruptcy where the both the contingent flaw and the relationship from which the duty arose were present prior to the order of sale. 

No clear error in court's holding that Procedural Due Process requires--prior to approval of sale--direct purchaser notice of flaws that manufacturer reasonably should have known about.

To determine PDP prejudice, court must have a fair assurance that the prior decision was not substantially swayed.

Given high stakes, there was a substantial likelihood of settlement for claims directly relating to the defect.

 Court's ruling that claims against successor corporation were equitably moot was advisory and is therefore vacated.


In re Motors Liquidation Co.

Sixth Circuit: Brandon Hefferan v. Ethicon Endo-Surgery

Conflict of Laws, Federal Jurisdiction, Subject Matter Jurisdiction, Torts


No abuse of discretion in court's refusal to hear claim under forum non conveniens, despite Germany's lack of adversarial process and lack of remedy for loss of consortium -- US courts would likely apply the law of the place of the delict  (Germany), and the medical manufacturer has consented to service there.

&c, &c...



Brandon Hefferan v. Ethicon Endo-Surgery

Fourth Circuit: Hunter Laboratories, ex rel. v. Commonwealth of Virginia

Federal Jurisdiction, Subject Matter Jurisdiction, FRCP


Although the injury alleged in a state false claims act suit implicated a question of federal law, federal resolution of the question is not necessary to provide the plaintiff complete relief, and the District Court is therefore without subject matter jurisdiction over the claim.


Hunter Laboratories, ex rel. v. Commonwealth of Virginia

Eighth Circuit: Katie Moore v. Kansas City Public Schools

Federal Jurisdiction, IDEA,  FRCP


As school-based tort claim did not explicitly invoke IDEA,  removal and dismissal for lack of exhaustion was improper.

The claim's reference to similar terms did, however make the claim colorable, so fees are denied.



Katie Moore  v.  Kansas City Public Schools

Seventh Circuit: USA v. Leslie J. Woods

Crim. Jurisdiction

A court retains jurisdiction over deft when deft is charged as minor but attains majority during the pendency of the proceedings.

No abuse of discretion in court's decision to try deft as an adult for crime committed five years ago, given continued misbehavior and lack of state rehabilitation facilities.

USA v.   Leslie J. Woods