Fourth Circuit; US v. Martin Barcenas-Yanez

Statutory construction

Mens rea element of state crime is not divisible, as jury need not agree on anything beyond the terms of the law.  Modified categorical approach in caselaw of sister circuit does not compel the use of modified categorical approach in the present forum. 

Circuit split flagged on the specific holding (Texas assault statute.)

US v. Martin Barcenas-Yanez

Fourth Circuit: In Re: Terrence Wright

Habeas, AEDPA

As the state prisoner Habeas statute is more specific than the general federal Habeas statute, petitions relating to the incarceration that do not challenge the underlying conviction arise under the state prisoner Habeas statute.  Circuit split flagged.

Where the claim was available to the petitioner at the time of an earlier petition, pre-AEDPA abuse-of-writ principles justify denial of the writ.

In Re: Terrence Wright

Fourth Circuit: Gerard Morrison v. County of Fairfax, VA

Employment, Administrative


The "blue collar" provision of the exceptions to the exceptions to the FLSA overtime statute does not imply a "blue collar" requirement to subsequent categories, such as emergency responders.

Auer deference to agency determination that the test for the "emergency responder" is one of the employee's primary duty.

Fire captains primarily fight fires.  Exempt from exemption, and therefore covered.

Gerard Morrison v. County of Fairfax, VA

First Circuit: Frangos v. Bank of America, N.A.

FRCP

Where a state court issues an injunction against a foreclosure without notice and the matter is subsequently removed to federal court, the case presents no genuine issue of material fact where the present foreclosure action has ceased and nominal damages have been waived.  


Frangos v. Bank of America, N.A.

First Circuit: Sig Sauer, Inc. v. Brandon

Administrative law

Where the statute bans a device with only one intended use, an agency ruling that bans a device theoretically capable of multiple uses is not arbitrary and capricious where the manufacturer's intent can be reasonably determined.

Sig Sauer, Inc. v. Brandon

First Circuit: Lima v. Lynch

Immigration

Given jurisdiction-stripping provision o relevant law, court has no jurisdiction to review denial of withholding of removal where the agency relied on police reports ancillary to a subsequently vacated conviction.  The challenge is a factual one, not a legal or constitutional one.

 Lima v. Lynch

First Circuit: US v. Carrasquillo-Penaloza

Plea Deals


As Commerce Clause challenge to the statute does not present a jurisdictional issue, a plea agreement with a specific and written waiver of appeals bars the challenge on direct appeal.


US v. Carrasquillo-Penaloza

Federal Circuit: Immersion Corporation v. HTC Corporation

Patents, (FRCP)

Given longstanding agency practice, where the filing of a continuation application and the patenting of the device occur on the same day, the former is construed to precede the latter.

Immersion Corporation v. HTC Corporation

DC Circuit: United States v. Philip Morris USA Inc.

FCA

Relator's FCA action barred due to prior disclosure of the general practice.

Court-ordered disclosures are sufficient to trigger the bar.

Ancillary contractual violations would have been discovered after the principal one was revealed.

Competitor's knowledge of practices was secondhand, as he had no affiliation with the deft.

United States v. Philip Morris USA Inc.

DC Circuit: Rene Lopez v. Council on American-Islamic

Agency, Tort

Given close interrelation between national advocacy organization and local chapter, genuine issue of material fact exists as to whether an actual agency relationship existed with respect to unlicensed legal practice. 

Rene Lopez v. Council on American-Islamic

DC Circuit: Verizon New England Inc. v. NLRB

Labor law

As the arbitrator's order deprived the union of a right that was waiveable under the Act, and there was no palpable error, the Board should have upheld the arbitration ruling.

Verizon New England Inc. v. NLRB

DC Circuit: NLRB v. Southwest Regional Council

Labor Law

Board did not distinguish precedent to the contrary when holding that presence of management in the room during the signing of representation cards was an unfair labor practice.


NLRB v. Southwest Regional Council

Tenth Circuit: Mayfield v. Bethards

Animal Law, Fourth Amendment

Warrantless killing of pet dog was a seizure of property under the Fourth Amendment, qualified immunity denied.

Mayfield v. Bethards

Tenth Circuit: Pikk v. Pedersen

Corporations, Board Law


To state a claim, suit relying on futility exception must plead facts that establish that directors faced a substantial risk of liability under state statute.

Intentionality requirement implies knowledge of wrongfulness. 

Lack of independence not proven

Pikk v. Pedersen

Tenth Circuit: United States v. Holloway

Ineffective Assistance, Fraud, Sentencing

Counsel of Choice claim construed as Ineffective Assistance claim, barred until collateral challenge.

Admission of excessive victim impact statements harmless error.

No error in exclusion of witness' prior convictions/judgments, as impeachment from same set of facts could be done in other ways.

 As trial objection was to number of victims that the defendant knew about, and not the objective number, objection to sentencing enhancement not preserved.

United States v. Holloway

Eighth Circuit: United States v. Marvance Robinson

Sentencing, ACCA residual clause

Where the record does not establish whether deft was sentenced according to the use of generic predicate convictions or qualitatively specific ones, remand.

United States  v.  Marvance Robinson

Eighth Circuit: Jerry Von Rohr v. Reliance Bank

Administrative

Deference to agency finding that a contract claim for one year of post-employment salary was barred by FDIC "golden parachute" law, as contrary precedent involved staturory, not contract, claims.

Auer deference to agency on scope not relevant, as agency cites Blacks Law Dictionary for disputed term.  Plain meaning.

Jerry Von Rohr  v.  Reliance Bank

Eighth Circuit: Automated Matching Systems v. U.S. Securities and Exchange

Administrative, Securities

Chevron deference to agency finding that exercise of the powers traditionally associated with large-volume exchanges categorically precludes classification as an exchange exempt from the registration requirements.

Ancillary challenges to agency finding barred under APA. 

 Automated Matching Systems  v.  U.S. Securities and Exchange

Eighth Circuit: Jason Procknow v. Hugh Curry

FRE,

Admission of prior bad act - impersonating a peace officer - harmless error.

Conviction for attempted murder went to reasonableness of the use of force during arrest for parole violation.

Motion of hands toward body of prone plaintiff after two taserings made the application of a third tasering not unreasonable.

Jason Procknow  v.  Hugh Curry

Eighth Circuit: Richland/Wilkin Joint Powers v. Fargo-Moorhead Flood Diversion

Environment, FRCP

District Court injunction upheld, given procedural harms and risk to plaintiffs during the pendency of procedural review.

No error in determination that the project was part of a larger project.

Given the administrative and democratic aspects of the planning process the appropriate standard for merits was that the movant had a fair chance of ultimately prevailing.

Extraterritorial application of foreign state regulatory statute can be considered at the preliminary injunction stage, since the foreign state's interest (?) would be served by the use of the law.

Multistate nature means that Dormant Commerce Clause doesn't bar state statute.

Public interest allowed the injunction to issue without payment of a bond.

Richland/Wilkin Joint Powers  v.  Fargo-Moorhead Flood Diversion