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.
Second Circuit: In re Payment Card Interchange Fee and Merchant Discount Antitrust
Class Actions
Error to certify a class as settlement-only where injunctive and monetary remedies sought created conflicting interests. Counsel had little incentive to zealously fight for injunctive component, given fee distribution, and class members could not opt-out.
Settlement agreement a nullity. [Rather a lot of money.]
In re Payment Card Interchange Fee and Merchant Discount Antitrust
First Circuit: Baker v. Harrington
Legal Ethics, Bankruptcy
Misleading characterization of statute and precedent calculated to delay the proceedings is an impermissible artifice of zeal.
Sanction of having to enroll in a Legal Ethics course upheld.
Baker v. Harrington
First Circuit: Worcester v. Springfield Terminal Railway
FRCP, Erie
In determining when the clock is tolled for filing of an appeal, the critical question is whether the court is involved in ending the last motion filed. A motion filed and withdrawn without court involvement does not toll the limit, but a motion filed and then withdrawn in a telephone colloquy stops the clock.
No error in use of common law standard where federal statute had no standard for punitive damages as opposed to borrowing state law standard, given legislation's intent of standardizing the remedy and the background principles of common law against which Congress legislates.
Worcester v. Springfield Terminal Railway
First Circuit: Rivera-Rivera v. US
Ineffective Assistance, Interstate Commerce
No ineffective assistance in lack of objection to interstate commerce element to mall robbery, as subsequent appellate review said that the trial court ruling would have been upheld in de novo review
Dissent -- In dicta.
Rivera-Rivera v. US
Federal Circuit: WELLS FARGO & COMPANY v. US
Tax
Given the background of merger law against which the rules were set, historical tax overpayments and underpayments of companies composed of merged entities can be considered as a single amount, so long as no amounts are offset which were incurred by two companies which both had a distinct existence at the time of the payments.
(Reminder, as always, quick paraphrase of court on matter of public concern -- don't rely.)
WELLS FARGO & COMPANY v. US
Given the background of merger law against which the rules were set, historical tax overpayments and underpayments of companies composed of merged entities can be considered as a single amount, so long as no amounts are offset which were incurred by two companies which both had a distinct existence at the time of the payments.
(Reminder, as always, quick paraphrase of court on matter of public concern -- don't rely.)
WELLS FARGO & COMPANY v. US
Tenth Circuit: Nelson v. United States
Torts, FTCA
So long as the relevant acts of the landowner were purposeful, implicit invitation to use land for recreation can be imputed, even where the landowner subjectively believes the visitor to be a trespasser.
Willful or malicious conduct is best determined by the finder of fact, not on appeal.
Nelson v. United States
So long as the relevant acts of the landowner were purposeful, implicit invitation to use land for recreation can be imputed, even where the landowner subjectively believes the visitor to be a trespasser.
Willful or malicious conduct is best determined by the finder of fact, not on appeal.
Nelson v. United States
Ninth Circuit: USA V. NICHOLAS LINDSEY
Fraud
Where a lender requests specific information, the information provided is considered material to the lender's deliberations.
USA V. NICHOLAS LINDSEY
Where a lender requests specific information, the information provided is considered material to the lender's deliberations.
USA V. NICHOLAS LINDSEY
Eighth Circuit: United States v. Juan Johnson
Sentencing
Despite ministerial omissions, sentence not procedurally unreasonable, as court seemed to be aware of the relevant factors.
Sentence for violation of terms of supervised release not substantively unreasonable, as it was within the maximum for the original offense of conviction.
No error in not recusing.
United States v. Juan Johnson
Despite ministerial omissions, sentence not procedurally unreasonable, as court seemed to be aware of the relevant factors.
Sentence for violation of terms of supervised release not substantively unreasonable, as it was within the maximum for the original offense of conviction.
No error in not recusing.
United States v. Juan Johnson
Eighth Circuit: Carlos Rivas-Quilizapa v. Loretta E. Lynch
Immigration
Statements in interview establishing that the country was a dangerous place did not mandate that the IJ advise the petitioner of forms of relief.
Facts that would have been the basis of a claim were in evidence.
Carlos Rivas-Quilizapa v. Loretta E. Lynch
Eighth Circuit: Danny Connor v. CO 1 Box
Prisons
Dismissal of S1983 claim was improper, given claim's suggestion that officials thwarted attempts to file grievances. Leave to amend was properly denied.
Dismissal of S1983 claim was improper, given claim's suggestion that officials thwarted attempts to file grievances. Leave to amend was properly denied.
Danny Connor v. CO 1 Box
Eighth Circuit: Donnie Cooper v. General American Life Ins. Co
FRCP
Denial of statutory penalty & attorneys fees, as there was no asserted or actual breach of insurance policy terms.
Donnie Cooper v. General American Life Ins. Co.
Denial of statutory penalty & attorneys fees, as there was no asserted or actual breach of insurance policy terms.
Donnie Cooper v. General American Life Ins. Co.
Eighth Circuit: United States v. Michael Lindsey
Sentencing, ACCA
As the challenge to the existence of the predicates in the PSR was untimely and did not make a showing as to why an untimely challenge should be allowed, the convictions are considered to be undisputed facts.
State assault statute that proscribes acts that cause the fear of assault is a valid ACCA predicate.
United States v. Michael Lindsey
As the challenge to the existence of the predicates in the PSR was untimely and did not make a showing as to why an untimely challenge should be allowed, the convictions are considered to be undisputed facts.
State assault statute that proscribes acts that cause the fear of assault is a valid ACCA predicate.
United States v. Michael Lindsey
Eighth Circuit: United States v. Christopher Fisher
Sentencing
Per curiam - within-guidelines sentence for violations of supervised release not substantively unreasonable.
United States v. Christopher Fisher
Seventh Circuit: William Charles Construction v. Teamsters Local Union 627
Labor Law, Statute of Limitations, Arbitration
Clock did not begin to run on the time to challenge a decision of a committee authorized by a CBA until the movant received a copy of the notice of decision at the commencement of litigation.
.
Where a contract explicitly supersedes the CBA and establishes an exclusive remedy, party is not bound by CBA arbitration outcome.
Special appearance at arbitration to dispute its validity does not establish consent to arbitration.
William Charles Construction v. Teamsters Local Union 627
Seventh Circuit: USA v. Alexis Miranda-Sotolongo
Fourth Amendment, Sentencing
Check of license plate registration in a database is not a Fourth Amendment search.
Where the facts are ambiguous, the stop is lawful, so long as the possibility of illegal activity is sufficiently probable.
Supervised release conditions (including earning GED) remanded for clarification.
USA v. Alexis Miranda-Sotolongo
Check of license plate registration in a database is not a Fourth Amendment search.
Where the facts are ambiguous, the stop is lawful, so long as the possibility of illegal activity is sufficiently probable.
Supervised release conditions (including earning GED) remanded for clarification.
USA v. Alexis Miranda-Sotolongo
Seventh Circuit: Joseph Felton v. City of Chicago
S1983
S1983 excessive force suit states a claim if the only evidence to the contrary is in newspaper stories outside of the record.
Joseph Felton v. City of Chicago
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