S1983 - false arrest
As plaintiff had no specific memory of activating the turn signal during the lane change, the arrest was lawful.
Deft's strange actions justified use of force in arrest.
State court's dismissal of charge of resisting arrest does not create a genuine issue of material fact as to whether the deft resisted arrest.
No FRE 408 claim against introduction of diversion agreement.
http://media.ca7.uscourts.gov/cgi-bin/rssExec.pl?Submit=Display&Path=Y2016/D01-05/C:15-1763:J:Flaum:aut:T:fnOp:N:1681632:S:0
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.
Sixth Circuit: Tracy Morton v. Vanderbilt University
Employment
As some workers were paid for 60 days after they were told to leave, the layoffs did not trigger the Federal WARN act, as a subset of the workers laid off were technically still employed.
http://www.ca6.uscourts.gov/opinions.pdf/16a0002p-06.pdf
As some workers were paid for 60 days after they were told to leave, the layoffs did not trigger the Federal WARN act, as a subset of the workers laid off were technically still employed.
http://www.ca6.uscourts.gov/opinions.pdf/16a0002p-06.pdf
Sixth Circuit: Norbert Kelsey v. Melissa Pope
Habeas: Tribes - Crim
Native American tribes have extraterritorial criminal jurisdiction over their members.
Extraterritorial contacts between tribe members at a tribal function implicate core notions of sovereignty.
Presumption against implicit divestment by Congressional act.
As the conduct was of the nature that would generally lead to prosecution somewhere, no Due Process notice considerations with the introduction of an unforeseen sovereignty.
Tribal court's exercise of jurisdiction was routine common law decisionmaking.
http://www.ca6.uscourts.gov/opinions.pdf/16a0001p-06.pdf
Native American tribes have extraterritorial criminal jurisdiction over their members.
Extraterritorial contacts between tribe members at a tribal function implicate core notions of sovereignty.
Presumption against implicit divestment by Congressional act.
As the conduct was of the nature that would generally lead to prosecution somewhere, no Due Process notice considerations with the introduction of an unforeseen sovereignty.
Tribal court's exercise of jurisdiction was routine common law decisionmaking.
http://www.ca6.uscourts.gov/opinions.pdf/16a0001p-06.pdf
Fifth Circuit: Stephen Miller v. Metrocare Services, et al
Discrimination, S1983 name-clearing
Sufficient nondiscriminatory basis for ending of employment.
Confrontation of witnesses is not required at a S1983 name-clearing proceeding under procedural due process.
http://www.ca5.uscourts.gov/opinions/pub/15/15-10086-CV0.pdf
Sufficient nondiscriminatory basis for ending of employment.
Confrontation of witnesses is not required at a S1983 name-clearing proceeding under procedural due process.
http://www.ca5.uscourts.gov/opinions/pub/15/15-10086-CV0.pdf
Fifth Circuit: USA v. Jesus Ramos-Rodriguez
FRE
Evidence of prior traffic stop in, as it helps to establish deft's knowledge of contraband in vehicle.
No error in the introduction of profile-based evidence that tended to establish mens rea.
http://www.ca5.uscourts.gov/opinions/pub/14/14-50846-CR0.pdf
Evidence of prior traffic stop in, as it helps to establish deft's knowledge of contraband in vehicle.
No error in the introduction of profile-based evidence that tended to establish mens rea.
http://www.ca5.uscourts.gov/opinions/pub/14/14-50846-CR0.pdf
Fifth Circuit: Lillie Wheat v. Florida Prsh Juv Justice Cmsn
Title VII/FMLA
Assignment to janitorial duties is not a per se materially adverse action.
Plaintiff did not establish pay adjustment as materially adverse.
Denial of reassignment not per se materially adverse.
Disparate treatment of others similarly situated raised genuine issue of material fact on the retaliatory dismissal.
Dissent: Janitorial duties materially adverse on this record.
http://www.ca5.uscourts.gov/opinions/pub/14/14-30788-CV0.pdf
Assignment to janitorial duties is not a per se materially adverse action.
Plaintiff did not establish pay adjustment as materially adverse.
Denial of reassignment not per se materially adverse.
Disparate treatment of others similarly situated raised genuine issue of material fact on the retaliatory dismissal.
Dissent: Janitorial duties materially adverse on this record.
http://www.ca5.uscourts.gov/opinions/pub/14/14-30788-CV0.pdf
Third Circuit: USA v. Jason Moreno
FRE, FRCrimP
Admission of written statements of investigating agent read into the record by a witness under the prior consistent statements hearsay exception violated the Confrontation Clause, but the error was harmless.
No plain error in the sentencing bump for 50 victims.
Prosecutor's unauthorized cross during allocution violated the common law right of allocution, and as it was contrary to the purposes of the relevant FRCrimP rule, the error was plain. Sentence vacated.
http://www2.ca3.uscourts.gov/opinarch/141568p.pdf
Admission of written statements of investigating agent read into the record by a witness under the prior consistent statements hearsay exception violated the Confrontation Clause, but the error was harmless.
No plain error in the sentencing bump for 50 victims.
Prosecutor's unauthorized cross during allocution violated the common law right of allocution, and as it was contrary to the purposes of the relevant FRCrimP rule, the error was plain. Sentence vacated.
http://www2.ca3.uscourts.gov/opinarch/141568p.pdf
Third Circuit: Chesapeake Appalachia LLC v. Scout Petroleum
Arbitration - class actions
Neither the terms of the contract nor the incorporation of the arbitration organization's rules constituted a clear and unmistakable consent to allowing the arbitrator to define the scope of a class arbitration.
http://www2.ca3.uscourts.gov/opinarch/151275p.pdf
Neither the terms of the contract nor the incorporation of the arbitration organization's rules constituted a clear and unmistakable consent to allowing the arbitrator to define the scope of a class arbitration.
http://www2.ca3.uscourts.gov/opinarch/151275p.pdf
DC Circuit: Anglers Conservation Network v. Penny Pritzker
Administrative law
Interstate council not subject to statutory or APA suit -- although inaction is "backstopped" by the Agency, the action and inaction of the council isn't actionable under Agency-based rights of action.
https://www.cadc.uscourts.gov/internet/opinions.nsf/E0161B8D8499099885257F3100533D5A/$file/14-5304-1591775.pdf
Interstate council not subject to statutory or APA suit -- although inaction is "backstopped" by the Agency, the action and inaction of the council isn't actionable under Agency-based rights of action.
https://www.cadc.uscourts.gov/internet/opinions.nsf/E0161B8D8499099885257F3100533D5A/$file/14-5304-1591775.pdf
Eleventh Circuit: Rosa and Raymond Parks Institute for Self Development v. Target Corporation
Court properly dismissed right of publicity claim under public interest exception.
http://media.ca11.uscourts.gov/opinions/pub/files/201510880.pdf
http://media.ca11.uscourts.gov/opinions/pub/files/201510880.pdf
Eleventh Circuit: USA v. Demarco Doxie
Sentencing
No error in court's declining to group tax counts with fraud counts for purposes of sentencing.
Typo at 9.
http://media.ca11.uscourts.gov/opinions/pub/files/201511161.pdf
No error in court's declining to group tax counts with fraud counts for purposes of sentencing.
Typo at 9.
http://media.ca11.uscourts.gov/opinions/pub/files/201511161.pdf
Tenth Circuit: Savant Homes v. Collins
Copyright - architecture
Summary judgment for deft upheld, as plaintiff did not establish uniqueness of architectural elements.
Not per se error for the court to use "abstraction & filtration" for architecture.
No error in dismissal of trade dress claims.
https://www.ca10.uscourts.gov/opinions/15/15-1115.pdf
Summary judgment for deft upheld, as plaintiff did not establish uniqueness of architectural elements.
Not per se error for the court to use "abstraction & filtration" for architecture.
No error in dismissal of trade dress claims.
https://www.ca10.uscourts.gov/opinions/15/15-1115.pdf
Ninth Circuit: Cuprite Mine Partners v. John Anderson
FRCP - mining,
Joinder appropriate in case of adjoining strip mines.
State partition statute does not require most profitable sale - only the timely sale.
State statute potentially requiring trial before partition is a procedural, not substantive requirement for Erie.
https://d3bsvxk93brmko.cloudfront.net/datastore/opinions/2015/12/31/13-16657.pdf
Joinder appropriate in case of adjoining strip mines.
State partition statute does not require most profitable sale - only the timely sale.
State statute potentially requiring trial before partition is a procedural, not substantive requirement for Erie.
https://d3bsvxk93brmko.cloudfront.net/datastore/opinions/2015/12/31/13-16657.pdf
Ninth Circuit: Richard Shirrod v. OWCP
Award of fees - Longshoreman's Act
Error to use statewide index as opposed to market-specific.
Error to include workmans comp numbers in the lodestar calculations.
https://d3bsvxk93brmko.cloudfront.net/datastore/opinions/2015/12/31/13-70613.pdf
Error to use statewide index as opposed to market-specific.
Error to include workmans comp numbers in the lodestar calculations.
https://d3bsvxk93brmko.cloudfront.net/datastore/opinions/2015/12/31/13-70613.pdf
Eighth Circuit: Elvin Castillo-Gutierrez v. Loretta E. Lynch
Immigration
No error in denial of asylum, as reasonable factfinder could think that petitioner could move elsewhere in the country, the ountry-specific evidence is vague, and there have been no recent murders.
http://media.ca8.uscourts.gov/opndir/16/01/143503P.pdf
No error in denial of asylum, as reasonable factfinder could think that petitioner could move elsewhere in the country, the ountry-specific evidence is vague, and there have been no recent murders.
http://media.ca8.uscourts.gov/opndir/16/01/143503P.pdf
Eighth Circuit: United States v. Randall Robinson
Brady, FRE
Brady material no sufficiently dispositive to be material.
No error in admission of previous conviction.
Where there are multiple superseding indictments, a count dropped from an earlier indictment can be tried later where the superseding indictment is based on a new set of facts.
No abuse of discretion in declining to recuse where an attorney who formerly represented the deft is hired by the judge as a clerk.
Sufficient evidence for false statements count.
Standard of review for vindictive prosc is de novo on law, clear error for facts.
Jury deadlocked, so no vindictive prosc.
Dissent - Brady impeachment evidence was material; error to include subsequent letter in record re: the recusal.
http://media.ca8.uscourts.gov/opndir/16/01/143503P.pdf
Brady material no sufficiently dispositive to be material.
No error in admission of previous conviction.
Where there are multiple superseding indictments, a count dropped from an earlier indictment can be tried later where the superseding indictment is based on a new set of facts.
No abuse of discretion in declining to recuse where an attorney who formerly represented the deft is hired by the judge as a clerk.
Sufficient evidence for false statements count.
Standard of review for vindictive prosc is de novo on law, clear error for facts.
Jury deadlocked, so no vindictive prosc.
Dissent - Brady impeachment evidence was material; error to include subsequent letter in record re: the recusal.
http://media.ca8.uscourts.gov/opndir/16/01/143503P.pdf
Eighth Circuit: Frederic Fezard v. United Cerebral Palsy etc.
Employment law - home health
When the employee cares for the patient in the home of the employee, the "private home" exception to the labor statute applies.
Retaliation claim properly dismissed, as nonretaliatory basis not proven pretextual.
http://media.ca8.uscourts.gov/opndir/16/01/143601P.pdf
When the employee cares for the patient in the home of the employee, the "private home" exception to the labor statute applies.
Retaliation claim properly dismissed, as nonretaliatory basis not proven pretextual.
http://media.ca8.uscourts.gov/opndir/16/01/143601P.pdf
Eighth Circuit: United States v. Brian Daniel
Fourth Amendment - car search
Even if stated purpose of the search was to look for a gun, the odor of drugs, an observed transaction, and the discovery of drugs in the possession of an occupant gave probable cause for the search.
http://media.ca8.uscourts.gov/opndir/16/01/151135P.pdf
Even if stated purpose of the search was to look for a gun, the odor of drugs, an observed transaction, and the discovery of drugs in the possession of an occupant gave probable cause for the search.
http://media.ca8.uscourts.gov/opndir/16/01/151135P.pdf
Eighth Circuit: United States v. Trevon Sykes
ACCA predicates
As the PSR was sufficient to establish the burglary convictions as "generic burglary," the convictions are ACCA predicates.
Crime committed as a juvenile considered as ACCA predicates do not implicate 8A.
http://media.ca8.uscourts.gov/opndir/16/01/143139P.pdf
As the PSR was sufficient to establish the burglary convictions as "generic burglary," the convictions are ACCA predicates.
Crime committed as a juvenile considered as ACCA predicates do not implicate 8A.
http://media.ca8.uscourts.gov/opndir/16/01/143139P.pdf
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