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.
Fourth Circuit: Sutasinee Thana v. Board of License Commissioners
Jurisdiction, First Amendment, FRCP
Federal action challenging state liquor control agency restriction on First Amendment grounds is not an imprudent challenge to state court authority via the federal system, since (1) the prudential abstention doctrine technically only applies to holdings of the state's top court; (2) the challenge is to the agency action, not to the court; (3) administrative actions are categorically removed from prudential abstention; (4) the state proceding was a deferential review on merits, and the federal case is seeking damages from violations of the First Amendment; and (5) plaintiff is still actively pursuing the state appeal.
Sutasinee Thana v. Board of License Commissioners
Fourth Circuit: Stella Andrews v. America’s Living Centers, LLC
FRCP, Fees
Award of costs for repetitive litigation can include fees where provided by statute at issue or equitably justified by the conduct of the plaintiff.
Circuit split flagged.
Where refiling is not in bad faith, wanton, or oppressive, award of fees is precluded. Here, Magistrate explicitly suggested refiling action.
Stella Andrews v. America’s Living Centers, LLC
Award of costs for repetitive litigation can include fees where provided by statute at issue or equitably justified by the conduct of the plaintiff.
Circuit split flagged.
Where refiling is not in bad faith, wanton, or oppressive, award of fees is precluded. Here, Magistrate explicitly suggested refiling action.
Stella Andrews v. America’s Living Centers, LLC
Fourth Circuit: John Vannoy v. Federal Reserve Bank
FMLA, ADA
Letter to employee regarding the medical leave did not comport with statute, since it didn't mention right to restoration of status.
Assertion of prejudice by plaintiff makes the lack of notice a genuine issue of material fact for the fact-finder at trial.
Plaintiff must make an evidentiary showing of pretext to present a genuine issue where deft has established a bona fide reason for the allegedly retaliatory act.
No equitable basis for ADA claims.
John Vannoy v. Federal Reserve Bank
Second Circuit: OneWest Bank, N.A. v. Robert W. Melina
FRCP
A national bank is considered to be a citizen of the state which its articles of association designate as the location of its main (head) office, regardless of the location of its principal place of business.
OneWest Bank, N.A. v. Robert W. Melina
Second Circuit: Weiland v. Lynch
Immigration
Per curiam -- given recent S.Ct. U.S. holding, interstate commerce element of the federal law is not considered when comparing a state statute to a federal statute to determine whether the state statute qualifies as an aggravated felony for Immigration purposes.
Weiland v. Lynch
First CIrcuit: US v. Bermudez-Melendez
Sentencing
Appeal waiver doesn't bar challenge where term in agreement was that sentence would be in accord with recommended sentence.
Where there is no guidelines range, statutory minimum is the range, and variances must be justified.
Court had no duty to explain variance prom plea deal level -- general description of facts sufficed to explain upward variance. Sufficient consideration of personal history.
Rhetorical flourishes are permissible during imposition of sentence.
Community-protection rhetoric in imposition of sentence is permissible when framed as an aspect of general deterrence.
Substantively reasonable.
US v. Bermudez-Melendez
First Circuit: Paret-Ruiz v. US
Forfeiture, Takings
The statutory remedy is the sole remedy for challenging a civil forfeiture, even when the underlying criminal case doesn't result in conviction. Waiver of that process waives FTCA remedy.
Court of Claim is sole venue for a Constitutional claim based in the taking -- amount in question here prevents court from having jurisdiction.
No clear error in denial of malicious prosecution clam, as evidence in record supports fact-finder's determination that one of the agents believed the deft to be guilty/
Paret-Ruiz v. US
The statutory remedy is the sole remedy for challenging a civil forfeiture, even when the underlying criminal case doesn't result in conviction. Waiver of that process waives FTCA remedy.
Court of Claim is sole venue for a Constitutional claim based in the taking -- amount in question here prevents court from having jurisdiction.
No clear error in denial of malicious prosecution clam, as evidence in record supports fact-finder's determination that one of the agents believed the deft to be guilty/
Paret-Ruiz v. US
DC Circuit: National Fed. of the Blind v. DOT
Administrative
Specific statutory right of action against agency displaces APA review -- the challenge should have been filed with the court of appeals.
Confusion over venue was not sufficient reasonable cause to waive the filing date requirement.
National Fed. of the Blind v. DOT
DC Circuit: Florent Bayala v. DHS
FOIA
Withholding of single document means FOIA claim is not moot - plaintiff's averment that the document is no longer being sought means that administrative exhaustion is moot, though.
As administrative exhaustion is not jurisdictional, remand to consider whether gov't litigation strategy comports with statute.
Florent Bayala v. DHS
DC Circuit: Sierra Club, et al v. FERC
Standing, Environment
Member living under a mile away gives associational standing to challenge increased constuction and output at natural gas port, given construction plans.
Environmental analysis was a substantial part of the export strategy, so not moot.
Intervening causation defeats challenge to export strategy by challenging port expansion.
Foreseeable and proximte effects on national markets required for cumulative analysis.
Shift in metrics not raised in agency proceedings
Sierra Club, et al v. FERC
Member living under a mile away gives associational standing to challenge increased constuction and output at natural gas port, given construction plans.
Environmental analysis was a substantial part of the export strategy, so not moot.
Intervening causation defeats challenge to export strategy by challenging port expansion.
Foreseeable and proximte effects on national markets required for cumulative analysis.
Shift in metrics not raised in agency proceedings
Sierra Club, et al v. FERC
DC Circuit: Sierra Club v. FERC
Standing, Environment
Organization meets causation and redressibility requirements for associational standing in challenge to an increase in natural gas production levels due to member who fishes in the area, given the presumptive increase in tanker traffic.
On merits, claim that increasing production at this port will lead to exports, causing domestic harms is flawed, because it relies on an intervening act - a decision to increase exports.
Agency hard look did not have to take a hard look at other projects occurring outside the jurisdiction which might have had a cumulative effect.
Sierra Club v. FERC
Organization meets causation and redressibility requirements for associational standing in challenge to an increase in natural gas production levels due to member who fishes in the area, given the presumptive increase in tanker traffic.
On merits, claim that increasing production at this port will lead to exports, causing domestic harms is flawed, because it relies on an intervening act - a decision to increase exports.
Agency hard look did not have to take a hard look at other projects occurring outside the jurisdiction which might have had a cumulative effect.
Sierra Club v. FERC
USA v. State of Washington
Treaties
Culvert construction, by diminishing the number of fish, violates fishing rights terms in treaties with tribes.
Abrogation of treaty rights requires legislation -- agency action doesn't constitute waiver.
State cannot compel FG to limit culvert construction, as it has no standing to assert treaty rights, and the action is barred by sovereign immunity.
Injunction not overbroad -- was a valid exercise of equitable discretion to order state to remedy rather than the FG through the state, since the state held title to the culverts.
USA v. State of Washington
Culvert construction, by diminishing the number of fish, violates fishing rights terms in treaties with tribes.
Abrogation of treaty rights requires legislation -- agency action doesn't constitute waiver.
State cannot compel FG to limit culvert construction, as it has no standing to assert treaty rights, and the action is barred by sovereign immunity.
Injunction not overbroad -- was a valid exercise of equitable discretion to order state to remedy rather than the FG through the state, since the state held title to the culverts.
USA v. State of Washington
Ninth Circuit: Lia Lingo v. City of Salem
Fourth Amendment, Exclusionary Rule, S 1983
Exclusionary rule does not apply in S1983 actions.
Scent of MJ gave probable cause for arrest, even if it came from a candle.
Lia Lingo v. City of Salem
Seventh Circuit: USA v. Leo Stoller
FRCrimP
Counsel's assurance of no custodial sentence was not sufficient basis to challenge voluntary nature of guilty plea.
No abuse of discretion in denial of competency hearing where deft's physician suggests that deft is exaggerating the symptoms of early dementia.
Insufficient coverage of required points during plea colloquy was harmless error.
USA v. Leo Stoller
Counsel's assurance of no custodial sentence was not sufficient basis to challenge voluntary nature of guilty plea.
No abuse of discretion in denial of competency hearing where deft's physician suggests that deft is exaggerating the symptoms of early dementia.
Insufficient coverage of required points during plea colloquy was harmless error.
USA v. Leo Stoller
Seventh Circuit: USA v. Jonathon Sainz
Sentencing
As restitution amount was substantively reasonable, it was not an abuse of discretion to omit certain elements of guidance in precedent.
Where the reason for the release conditions is plain, little or no explanation is needed. Modification to some terms to allow purchase of hamburgers, Internet access, etc.
USA v. Jonathon Sainz
Seventh Circuit: Panther Brands, LLC v. Indy Racing League, LLC
FRCP
The fact that National Guard administrative regulations are implicated is not a basis for federal jurisdiction.
As the delegate of the Guard exercised no independent rulemaking authority, no removal under Federal Officer.
Amendment of claim to remove US as party established that removal under federal scope of employment statute would be inappropriate.
Panther Brands, LLC v. Indy Racing League, LLC
The fact that National Guard administrative regulations are implicated is not a basis for federal jurisdiction.
As the delegate of the Guard exercised no independent rulemaking authority, no removal under Federal Officer.
Amendment of claim to remove US as party established that removal under federal scope of employment statute would be inappropriate.
Panther Brands, LLC v. Indy Racing League, LLC
Seventh Circuit: Kenneth Ogurek v. Jeffrey Gabor
Prisons
Claim of retaliation after letter to warden was a violation of First Amendment right to petition for redress of grievances.
Claim of innocence was sufficient showing to require production of videotape. Summary judgment in favor of the party who had earlier refused to produce the tape was error.
Kenneth Ogurek v. Jeffrey Gabor
Claim of retaliation after letter to warden was a violation of First Amendment right to petition for redress of grievances.
Claim of innocence was sufficient showing to require production of videotape. Summary judgment in favor of the party who had earlier refused to produce the tape was error.
Kenneth Ogurek v. Jeffrey Gabor
Seventh Circuit: James Baptist v. Ford Motor Company
Employment, FRCP
Genuine issue of material fact exists in state retaliatory-discharge claim where there is doubt as to the reason for the end of employment,
James Baptist v. Ford Motor Company
Genuine issue of material fact exists in state retaliatory-discharge claim where there is doubt as to the reason for the end of employment,
James Baptist v. Ford Motor Company
Seventh Circuit: USA v. Dante Graf
FRCrimP
Ineffective assistance of counsel in not informing deft that he could move for the disclosure of the identity of a confidential informant is not per se a basis for the subsequent withdrawal of guilty plea. Insufficient showing under Strickland.
Fairness and justice requires that court look to see whether actual guilt or innocence is implicated.
Circuit split flagged.
USA v. Dante Graf
Ineffective assistance of counsel in not informing deft that he could move for the disclosure of the identity of a confidential informant is not per se a basis for the subsequent withdrawal of guilty plea. Insufficient showing under Strickland.
Fairness and justice requires that court look to see whether actual guilt or innocence is implicated.
Circuit split flagged.
USA v. Dante Graf
Fifth Circuit: State of Texas v. EEOC, et al
Standing, Discrimination, Administrative
State has Article III standing to challenge EEOC employment guidance, as it would have to either change its hiring policies or incur costs.
Since the agency, although it has no enforcement authority, can make policy changes that cause injuries sufficient for Article III harms, lack of enforcement power is not a per se bar to the action being sufficiently final under the APA.
Safe harbors and definitions for key terms speak to finality.
An agency can alter rights without issuing guidance that courts are legally bound to defer to.
Dissent. Nope, and not ripe, either.
State of Texas v. EEOC, et al
State has Article III standing to challenge EEOC employment guidance, as it would have to either change its hiring policies or incur costs.
Since the agency, although it has no enforcement authority, can make policy changes that cause injuries sufficient for Article III harms, lack of enforcement power is not a per se bar to the action being sufficiently final under the APA.
Safe harbors and definitions for key terms speak to finality.
An agency can alter rights without issuing guidance that courts are legally bound to defer to.
Dissent. Nope, and not ripe, either.
State of Texas v. EEOC, et al
Subscribe to:
Posts (Atom)