Seventh Circuit: USA v. Darrick Vallodolid

In that the political beliefs expressed about immigration policy and discriminatory law enforcement were not exclusively rooted in the venirepersons' ethnicity, their removal from the pool of jurors wasn't constitutionally impermissible.

Given the small size of the sample, statistical analysis and disparate impact analysis alone is insufficient to establish discriminatory nature of the strikes.

As the eyewitness testimony was riddled with inconsistencies beyond the exculpatory ones, it was for the finder of fact to determine its credibility.

Sufficient evidence to find that the crime was gang-related, even absent formal affiliation with the gang, in that it furthered the activities of the former gang.

Sufficient evidence of the conspiracy to admit the statement of the co-conspirator.  Statement indicating possession of drugs in the house admitted not for the truth of the matter asserted, but to establish that the robbers believed there to be drugs there.

Sufficient evidence for conspiracy, given the customary procedures of the gangs and the defts' involvement with them.  Sufficient circumstantial evidence to establish drug quantities.

Federal RICO proceeding wasn't required to incorporate state predicate offense's procedural requirement of bifurcated penalty phase.

USA v.  Darrick Vallodolid

Ninth Circuit: USA v. Edwin Mendez

Given the statutory right not to be tried as an adult for crimes committed as a juvenile, denial of the dismissal of a post-majority superseding indictment charging the deft with a different set of crimes is sufficiently final to be the basis of an interlocutory appeal.

Deft's post-majority acts of conspiracy ratified their juvenile acts, enabling them to be charged as an adult, despite the fact that the acts had already been the subject of juvenile proceedings.  The ratification both removed the statutory protections against the transfer to adult proceedings and converted the pre-majority conspiracy to a crime rather than an act of delinquency.

USA v. Edwin Mendez

Second Circuit: United States of America v. Martinez

 

Holding a substantive RICO conviction -- in which the underlying offense ple(a)d(ed) to or proven involved as an element the use of force -- to be a crime of violence is, under de facto modified categorical review, not plain error.  Prior circuit precedent requiring two of the three underlying offenses to involve the use of force is dicta as to convictions with only one offense involving the use of force.

Sentence was not substantively unreasonable.

United States of America v. Martinez

Fourth Circuit: Darlene Gibbs v. Haynes Investments, LLC

Delegation clause in arbitration agreement can be judicially reviewed where the challenge is to that clause specifically, and the challenge is made with sufficient force and specificity.

Tribal arbitration agreement is a prospective waiver of federal statutory rights where it indicates that tribal law will preempt contrary federal law.

Tribal code with civil damages provision allowing compensation of actual harm doesn't sufficiently vindicate RICO treble damages right.

Darlene Gibbs v. Haynes Investments, LLC

Third Circuit: Christina Williams v. Medley Opportunity Fund II, LP

Reference to delegation clause in challenge to validity of an arbitration agreement is sufficient to merit review of the validity of the clause, even where the agreement elsewhere specifies that the enforceability of the agreement is a matter for arbitration.

Where parties do not provide court with the substance of the Tribal law selected by the agreement's choice of law provision, the law of the forum is used to assess which statutory claims might be raised against the agreement.

Choice of law terms in an arbitration agreement do not necessarily expand the range of claims that can be raised under the arbitrability sections of the agreement.

Where an arbitration agreement clearly waives federal rights, it need not explicitly do so to be an impermissible prospective waiver for reasons of public policy.

Waiver sufficiently central to the arbitration process to strike the entire agreement.

Christina Williams v. Medley Opportunity Fund II, LP

Second Circuit: United States v. Kirsch

The organized labor exception to the state extortion statute encompasses only direct demands for assets in the form of traditional labor actions such as strikes and boycotts.  Ejustem. 

State crimes of extortion that are RICO predicates must involve transferable assets. (Not incorporeal.)

Wages and benefits sought for union members through extortion were transferable assets.

Given statute requiring actual participation or authorization on the part of union members in labor violence for culpability, insufficient evidence here.

Jury instruction focusing on victim's state of mind was appropriate, as the crime is instilling fear.

Sentence adjusted on remand for insufficient evidence.

http://www.ca2.uscourts.gov/decisions/isysquery/6f07b1d8-30cd-46b5-aca2-e0fc11936de5/1/doc/16-3329_opn.pdf#xml=http://www.ca2.uscourts.gov/decisions/isysquery/6f07b1d8-30cd-46b5-aca2-e0fc11936de5/1/hilite/

Second Circuit: Empire Merchants, LLC, et al. v. Reliable Churchill, LLLP, et al.

Smuggling operation is a single conspiracy for the purposes of civil RICO, as the particularly pleaded effects all result from the single operation.

Assertion of actual and foreseeable economic loss is insufficient to state a civil RICO claim, since the predicate conduct must be the proximate cause of the harm, and many factors might have prompted the economic loss. 

http://www.ca2.uscourts.gov/decisions/isysquery/4fbb3ac1-668c-4c5a-9a00-4ef6d292767a/1/doc/17-887_opn.pdf#xml=http://www.ca2.uscourts.gov/decisions/isysquery/4fbb3ac1-668c-4c5a-9a00-4ef6d292767a/1/hilite/

Second Circuit: D’Addario v. D’Addario, et al.

Although a claimant's claim against the estate is not yet ripe, as its present lack of value might change, a claim based on the claimant's collection expenses is sufficiently final.

Estate, which as a matter of state law is an inchoate entity, can serve as the nexus for a civil RICO association-in-fact.


http://www.ca2.uscourts.gov/decisions/isysquery/aa7d1353-0417-45d3-8cb2-69fbe6d60e55/1/doc/17-1162_opn.pdf#xml=http://www.ca2.uscourts.gov/decisions/isysquery/aa7d1353-0417-45d3-8cb2-69fbe6d60e55/1/hilite/

Second Circuit: N.Y.C. & Vicinity Dist. Council of the United Bhd. of Carpenters v. Ass’n

Labor Law, Arbitration

When an employer organization has an agreement with an International union, and that agreement contradicts elements of the Local's court-supervised contract, an arbitration award allowing the employers to follow the agreement with the International is within socpe, entitled to deference, and does not violate public policy.

The arbitrator's finding does present a question of whether the court-approved Local contract was approved with insufficient information.

N.Y.C. & Vicinity Dist. Council of the United Bhd. of Carpenters v. Ass’n

Second Circuit: United States v. Vernace

RICO, Crim

Sufficient evidence for RICO predicate where a personal motive and the racketeering motive coexist.

Sufficient evidence for drugs conviction.

No plain error in use of post-hoc amendments to sentencing statute, given independent life sentence and minimal briefing on appeal.

No abuse of discretion in denial of new trial for witness' subsequent initial gambling, given extensive prior illegal activity.

http://www.ca2.uscourts.gov/decisions/isysquery/7a5c1e15-407f-473e-84d7-0818e2325d88/1/doc/14-2197_opn.pdf#xml=http://www.ca2.uscourts.gov/decisions/isysquery/7a5c1e15-407f-473e-84d7-0818e2325d88/1/hilite/

Eleventh Circuit: Miccosukee Tribe of Indians of Florida v. Billy Cypress, et al.

Tribe law - RICO, embezzlement.

No genuine issue of nonjusticibility, as the actions specified in the indictment appear to be outside of tribal law.

Itemization of fraudulent contacts is insufficient for 9(b) pleading specificity -- a theory of the specific fraud must also be outlined.

http://media.ca11.uscourts.gov/opinions/pub/files/201412115.pdf