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.
Fifth Circuit: Orlando Gutierrez v. Loretta Lynch
Immigration, Estoppel
For the purpose of determining status at the attainment of majority, an alien becomes a lawful permanent resident upon approval of application, not upon the date of an eventually approved application.
Given lack of affirmative misconduct, agency cannot be equitably estopped from arguing that the status was not timely obtained.
Orlando Gutierrez v. Loretta Lynch
Fifth Circuit: Helen Nicholson v. Securitas Security Svc USA
Employment, Discrimination
Right to control the work of an employee is not relevant under the federal age discrimination statute where there is an admission of employment.
Staffing services agreement to end employment at the request of the client company can create a genuine issue of material fact as to complicity in discrimination where the usual inquiries are not made.
Helen Nicholson v. Securitas Security Svc USA
Fifth Circuit: USA v. Benito Sanchez-Rodriguez
Sentencing, Immigration
For the purposes of immigration determinations, under modified categorical review, state statute prohibiting trafficking in stolen goods is not necessarily a crime of theft
USA v. Benito Sanchez-Rodriguez
Fifth Circuit: Karen Sudduth v. TX Hlth and Human Svc Cmsn, et al
Appellate Procedure, FRCP,
Given that courts are permitted to use electronic filing and that the local rules required it, appeal that generated notice and receipt a day late is untimely, despite assertion of technical issues.
Karen Sudduth v. TX Hlth and Human Svc Cmsn, et al
Fifth Circuit: Jillian Johnson v. World Alliance Financial Corp.,
Contract, Tort
Agency regulations on reverse mortgages must be explicitly incorporated in the terms of the mortgage in order to be the basis for a borrower's claim.
No implicit guarantee in a reverse mortgage that the lender will subordinate all intervening liens.
No cause of action of fraudulent inducement where the intervening lien does not support foreclosure.
Jillian Johnson v. World Alliance Financial Corp.,
Second Circuit: United States v. Compton
Fourth Amendment, Terry Stops
Motorist's abrupt visitation of a vegetable stand at the point at which the border immigration checkpoint came into view and the driver and passenger's subsequent separate purchases of peppers provided sufficient reasonable suspicion for the stop.
Observation that items in back seat were covered with a blanket was sufficient reason for prolonging the stop.
United States v. Compton
First Circuit: Cornwell Entertainment, Inc. v. Anchin, Block & Anchin, LLP
FRCP, Statute of Limitations, Choice of Law, Fees, Legal Ethics
Motion for directed verdict arguing lack of fiduciary duty did not adequately preserve argument of qualified privilege related to statements to the government for post-trial motion for judgment notwithstanding the verdict.
Where the state law holds the statute of limitations to be three years for actions seeking damages and six years in an action seeking a remedy in equity, court did not abuse discretion in assigning a three year limit to an action seeking damages for a breach of fiduciary duty.
Doctrine of continuous representation equitably tolls the limit during the transactions at issue, not for the duration of the contractual relationship between the parties.
Reasonable minds could differ as to whether the negotiation for private airplane rental was damaged by the conduct.
Remand, as general verdict makes it impossible to discern theory of initial verdict.
Plaintiff's post-trial motion for fees under law of their state is precluded by the trial's choice of deft's substantive law.
Partner's lateraling to counsel's firm from prosecutor's office investigating parties to the case who was not timely screened does not require counsel to withdraw where the new partner had no actual knowledge of the investigation.
No abuse of discretion in unsealing post-trial testimony of jurors relating to process of verdict, as the public access interest outweighs the interest of confidential deliberations.
Cornwell Entertainment, Inc. v. Anchin, Block & Anchin, LLP
First Circuit: Paolino v. JF Realty, LLC
FRCP, Environmental, Fees
No abuse of discretion in court's refusal to allow revised late-filed expert testimony, as it was duplicative of other testimony, and the equitable reason for the delay had a procedural remedy.
Judgement was not against the weight of the evidence, as the only proof of pollution was from a mingled source and there are other remedial efforts in place to effect the purposes of the statute.
Award of fees under statute upheld, as suit was filed after defts had remedied the harm.
Paolino v. JF Realty, LLC
First Circuit: US v. Reed, III
Sentencing, ACCA
Two predicate offenses properly considered separately, despite the single plea agreement, as there was an intervening arrest.
Absent a showing that the offenses were part of a single event or spree, the predicates are properly considered separately.
US v. Reed, III
Ninth Circuit: ERIC MANN V. CHARLES RYAN
En Banc, Habeas, AEDPA, Ineffective Assistance
Denial of Habeas for Ineffective Assistance, as state court's findings on defense lawyer's choices might have been made by fair-minded jurists.
State intermediate appeal on the collateral challenge did not inappropriately consider whether it was more likely than not that the verdict/sentence had been affected rather than asking if the error resulted in a reasonable probability of a difference in the outcome. Court's statement that nothing would have changed can be read to imply the reasonable probability standard.
Claim that state applied unconstitutional nexus test for mitigation factors, although not raised here, does not establish that rulings on the initial collateral challenge considered the wrong set of relevant mitigating factors.
Lack of explicit statement that new mitigation was considered on state direct and collateral challenge doesn't mean that it wasn't considered.
State Habeas findings not unreasonable.
Concurrence/Dissent -- Causal nexus error infected ruling on initial collateral challenge. Intermediate appeal used preponderance standard. Error on de novo review of ineffective assistance in mitigation.
Concurrence/Dissent 2 -- De novo review, but no prejudice.
ERIC MANN V. CHARLES RYAN
Ninth Circuit: NATURAL RES. DEFENSE COUNCIL V. PENNY PRITZKER
Environment, Administrative
Agency determination of de minimis impact did not vitiate statutary requirement that rulemaking be of the least practicible adverse impact.
Data-poor areas are not excepted from the requirement by the best-information rule.
Speculative long-term measures do not meet burden of implementing the least-practicible-impact standard.
NATURAL RES. DEFENSE COUNCIL V. PENNY PRITZKER
Ninth Circuit: USA V. JESUS PIMENTEL-LOPEZ
Sentencing, Kozinski
Where special verdict form indicates an upward bound to the amount of drugs possessed, a court is precluded from a factual finding to the contrary in sentencing, despite the fact that the sentencing finding does not implicate a second statutory maximum.
Hearsay evidence insufficient to support leadership sentencing enhancement.
USA V. JESUS PIMENTEL-LOPEZ
Eighth Circuit: United States v. Jeremy Conerd
Fourth Amendment
Report that a visitor was being assaulted in the house justified the approach to the curtilage when officer looked in basement window.
United States v. Jeremy Conerd
Eighth Circuit: United States v. James Hess
Crim, Taxidermy
Transaction involving a rare taxidermy specimen currently outlawed but initially taken when legal violated the Act.
Sentence substantively reasonable.
United States v. James Hess
Eighth Circuit: Marcus Hensley v. Carolyn W. Colvin
SSI
Letter from physician and past records, where the primary source of information on the claimant's condition, may be considered by ALJ in assessing work capacity.
Subjective pain reports and VA determination of disability appropriately considered.
Dissent -- Physicians report doesn't contradict test scores that indicate disability.
Marcus Hensley v. Carolyn W. Colvin
Eighth Circuit: United States v. Julia Nguyen
Immigration, Fraud, White Collar
Materiality requirement in immigration fraud statute does not require that the agency actually be misled, merely that false information be provided on a dispositive fact.
Third-party, cirumstantially proved misrepresentations provide sufficient evidence for immigration and SSI fraud.
Automatically generated letters from state sufficient for mail fraud conviction where foreseeable and not communicating messages adverse to the scheme to defraud.
Court properly considered named payees on checks without individualized showing of loss, as the theft of identity is sufficient to establish them as victim.
Sentence substantively reasonable.
United States v. Julia Nguyen
Eighth Circuit: Randall Corwin v. City of Independence, MO.
S1983
Denial of S1983 against jail officials and municipality for five day delay in receipt of physician care for broken hand, as incidental care sufficed under the standard and that there was no proof that the delay caused long-term problems.
Randall Corwin v. City of Independence, MO.
Fifth Circuit: Sealed Petitioner v. Sealed Respondent
Immigration
Petitioner made enough of a showing to require that the bureau consider whether the foreign government's anti-terrorism grounds for persecuting the petitioner were pretextual.
Sealed Petitioner v. Sealed Respondent
Fifth Circuit: Deadra Combs v. City of Huntington, Texas
Title VII, Fees
Degree of success is the most important consideration when deciding whether to adjust lodestar fee award.
Abuse of discretion to revise lodestar downward due solely to proportionality to award won; the appropriate consideration is ratio of award won to award sought.
Deadra Combs v. City of Huntington, Texas
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