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.

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

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

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

Seventh Circuit: USA v. Saliou Mbaye

Fraud, Crim, Sentencing

Testimony of co-defts and lack of tax reporting established sufficient evidence for bank fraud.

Obstruction enhancement appropriate where deft sticks to alibi on the stand.

Within guidelines sentence substantively upheld.

USA v. Saliou Mbaye

Seventh Circuit: Jack Brown v. Kevin Smith

ADA


Question of essential function is for the fact-finder, even where local government holds the qualification to be a prerequisite for the position.

Time allocation was a fair method of determining essential nature of function.

No claim for lack of mitigation, as there was only one bus company in town, and plaintiff started his own business.

Jack Brown v  Kevin Smith

Seventh Circuit: USA v. Juan Adame

Crim, Interstate commerce, FRE


Sufficient evidence on merits.

Use of building for rental establishes interstate commerce requirement of the arson statute.

Historical cell site data admissible under Daubert, since it was appropriately qualified.  Ultimately harmless.

Agent testimony variations from deposition are not properly considered here, since the record was not amended to include the deposition version.

Fact that deft talked about fire on incidental audio associated with video allowed into jury room not overly prejudicial.

USA v.   Juan Adame

Seventh Circuit: Noah Dietchweiler v. Steve Lucas

Due Process

Per curiam -- Due process satisfied for high school suspension where there was notice of the general allegation and a chance to be heard, despite lack of date-specific accusation of drug use.

Concurrence (2) -- troublingly unspecific notice.


Noah Dietchweiler v.  Steve Lucas

Seventh Circuit: Arlene Simpson v. St. James Hospital

Discrimination, Title VII

Anecdotal evidence insufficient to establish valid comparators.


Arlene Simpson v. St. James Hospital

Seventh Circuit: Chun Sui Yuan v. Loretta E. Lynch

Immigration

Insufficient substantial evidence for agency's adverse findings on credibility.


Chun Sui Yuan v.   Loretta E. Lynch

Fifth Circuit: Mary Smith, et al v. Regional Transit Authority

ERISA, Agency

IRS standard is the appropriate test for determining, for the purposes of ERISA, if a private company is an agency or instrumentality of a government body, and by this standard, the private company that operates the transit system qualifies.

Deft not estopped from invoking governmental exemption, as the terms of the statute control.

Statute of limitations ran from first letter saying that some claims would not be funded.

PArty asserting discovery violation has to establish significance of the evidence sought.

Mary Smith, et al v. Regional Transit Authority

Fifth Circuit: Patricia Morris v. Town of Independence, et al

Discrimination

Given window clerk's part-time status and sui generis duties, there were no relevant comparators to test a claim of racial discrimination.


Patricia Morris v. Town of Independence, et al

Fifth Circuit: Noris Rogers v. Pearland Indep School District

FRCP, Title VII,

Mere statement asserting claim is not enough to preserve disparate impact theory of claim.

Difference between comparator's criminal record and that of plaintiff establishes that they are not similarly situated.

Dissent: Comparator valid, since the relevant bit is that the convictions were not disclosed on the application form.


Noris Rogers v. Pearland Indep School District

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

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