Counsel's response of "okay, fair enough" after overrule of objection withdrew the objection, and there was sufficient evidence to establish that the jury might reasonably have rejected the "quid pro quo" theory of harassment.
http://media.ca1.uscourts.gov/pdf.opinions/17-1365U-01A.pdf
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.
Showing posts with label Souter. Show all posts
Showing posts with label Souter. Show all posts
First Circuit: Acosta v. Local Union 26, Unite Here
Since an earlier draft of the bill provided the right to inspect and copy other agreements negotiated by the union, a statute giving members the right to inspect other agreements does not compel the union to permit note-taking while inspecting the agreements.
http://media.ca1.uscourts.gov/pdf.opinions/17-1666P-01A.pdf
http://media.ca1.uscourts.gov/pdf.opinions/17-1666P-01A.pdf
First Circuit: US v. Gonzalez-Negron
Souter, by designation.
No plain error in court's acceptance of plea for possession of a weapon in furtherance of a drug crime where the gun and the drugs were found in separate areas of the residence, given modificaitons to gun and gov't proffer to prove role in drug scheme.
No plain error in colloquy's omission of clarification of "in furtherance," as it is a plain term, and there was no showing that deft would have changed the plea.
http://media.ca1.uscourts.gov/pdf.opinions/17-1302P-01A.pdf
No plain error in court's acceptance of plea for possession of a weapon in furtherance of a drug crime where the gun and the drugs were found in separate areas of the residence, given modificaitons to gun and gov't proffer to prove role in drug scheme.
No plain error in colloquy's omission of clarification of "in furtherance," as it is a plain term, and there was no showing that deft would have changed the plea.
http://media.ca1.uscourts.gov/pdf.opinions/17-1302P-01A.pdf
First Circuit: AIG Property Casualty Co. v. Cosby
Souter, Associate Justice (Ret.), sitting by designation. And Bill.
Given a more stringent parallel exclusion in the insurance policy, the more laconic exclusion creates an ambiguity sufficient to trigger the presumption for the insured and the resulting duty to defend.
http://media.ca1.uscourts.gov/pdf.opinions/17-1505P-01A.pdf
Given a more stringent parallel exclusion in the insurance policy, the more laconic exclusion creates an ambiguity sufficient to trigger the presumption for the insured and the resulting duty to defend.
http://media.ca1.uscourts.gov/pdf.opinions/17-1505P-01A.pdf
First Circuit: Congregation Jeshuat Israel v. Congregation Shearith Israel
Denial of en banc.
Clarification from panel (Souter): holding only addresses trust obligations of parties.
Dissent from denial: But res judicata. Also, written contracts might not be the best way of getting at the truth, as the chartered entities didn't exist when the property transfer occurred.
http://media.ca1.uscourts.gov/pdf.opinions/16-1756O-01A.pdf
Clarification from panel (Souter): holding only addresses trust obligations of parties.
Dissent from denial: But res judicata. Also, written contracts might not be the best way of getting at the truth, as the chartered entities didn't exist when the property transfer occurred.
http://media.ca1.uscourts.gov/pdf.opinions/16-1756O-01A.pdf
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