First Circuit: Pacific Indemnity Company v. Deming

Contracts, Property (a bit)

Under state law, a condo rule requiring purchase of insurance with a waiver of subrogation does not effectuate the waiver where the purchased policy merely permits an ex ante waiver of subrogation against a specific claim.


Pacific Indemnity Company v. Deming

First Circuit: Hoover, III v. Harrington

Bankruptcy

Sufficient notice of conversion proceedings where the proceedings are adjourned, and the court informs the participants that the matter is turning to conversion.

Speculative testimony as to future income does not bar a finding of no reasonable likelihood of rehabilitation.

Where little or nothing can be raised from the liquidation of the estate, the claim must be riaed in the proceeding -- otherwise waived.


Hoover, III v. Harrington

First Circuit: Young v. Wells Fargo Bank, N.A.

Contracts


Breach claim not properly raised, since appeal doesn't contest waiver of damages.

On consumer protection statute claim, demand letter sent to one lender cannot be applied to both, and the claims raised by the letter do not rise above negligence.  Economic injury not established.


Young v. Wells Fargo Bank, N.A.

First Circuit: Thomas v. Lynch

Immigration, Administrative, Statutory Construction

Statute requires that the minor have taken an affirmative act to begin lawful residency after the naturalization of the parent.


Thomas v. Lynch

Seventh Circuit: USA v. Leslie J. Woods

Crim. Jurisdiction

A court retains jurisdiction over deft when deft is charged as minor but attains majority during the pendency of the proceedings.

No abuse of discretion in court's decision to try deft as an adult for crime committed five years ago, given continued misbehavior and lack of state rehabilitation facilities.

USA v.   Leslie J. Woods

Seventh Circuit: Katrell Morris v. USA

Habeas, AEDPA, Attempt, ACCA

Habeas grant for challenge to ACCA residual clause predicate.  Although an unpublished decision of the Circuit has held the crime to be a valid predicate under another clause, it insufficiently considered the state's law of attempt.

Concur: Attempt as predicate should only require the attempt at an act that would itself satisfy all the elements.


Katrell Morris v.   USA

Seventh Circuit: James Todd v. Kess Roberson

Habeas, Ineffective Assistance

Denial of ineffective assistance Habeas based on claim that deft's counsel had guaranteed a ten year sentence, as the deft stated in court that no deal had been made, and there was no showing that deft would have otherwise gone to trial.

James Todd v.   Kess Roberson

Seventh Circuit: Richard Bell v. Cameron Taylor

FRCP, Res Judicata, Copyright

Where complaint states that deft used one of plaintiff's photos on a website, but in fact deft used another, deft is not required in the response to point out the error.

No error in denial of leave to amend.

Res judicata correctly barred the subsequent suit.

Copyright holder's stated price of photo insufficient to prove damages.

No error in denial of discovery, declaratory judgment.

Richard Bell v.   Cameron Taylor

Fifth Circuit: Thomas Howell v. Town of Ball, et al

FRCP, S1983, First Amendment, FCA

Appeals court does not have jurisdiction over cross-appeal relating to a non-dismissed claim when hearing an interlocutory appeal on the dismissed claims.

Local police officer's cooperation with federal anti-corruption probe was outside of normal duties, so the firing was potentially in response to protected conduct, but the right was not clearly established at the time.

Non-final decisionmakers not liable for retaliation claim under S1983, but municipal liability claim here presents a genuine issue of material fact.

Amendment to FCA removing "employee" language was to allow contractors to file claims, not non-employees generally.

Thomas Howell v. Town of Ball, et al

Fifth Circuit: Richard Houten, Jr., et al v. City of Fort Worth

Statutory Construction


Reduction of pension benefits expected but as yet unearned does not violate provision in state constitution prohibiting reduction of pension benefits.

Opinion to the contrary by the state AG would be accorded only persuasive value by the state's highest court.


Richard Houten, Jr., et al v. City of Fort Worth

Second Circuit: United States v. Garavito-Garcia

International Law, Crim, Conspiracy, Double Jeopardy

Treaty language requiring release within thirty days if not extradited did not create a private right for the deft - the right belongs to the state party.  Comity requires that US courts recognize the decision by the state party declining to uphold the claim.

Sufficient evidence, given taped conversations.

Court's supplemental "mere presence" instruction was a correct statement of the law of conspiracy.

Indictment not duplicitous, as one count requires providing assistance to a group that commits a terrorist act, and another requires providing assistance to a group listed as a terrorist organization.


United States v. Garavito-Garcia

DC Circuit: Central United Life Insurance v. Sylvia Burwell

ACA, Administrative

Agency rulemaking was an illicit amendment of the terms of the Act itself.

Central United Life Insurance v. Sylvia Burwell

DC Circuit: State of West Virginia v. HHS

Standing, ACA

State doesn't suffer cognizable injury-in-fact when federal government declines to exercise a statutorily-compelled primary function, leaving the state to decide whether it should exercise its secondary function.

State of West Virginia v. HHS

DC Circuit: Mohamed Al-Saffy v. Thomas Vilsack

Title VII, Employment, Administrative

ALJ dismissal of hearing request was not final agency action that started the Title VII clock.

Subsequent similar letter did not start the clock as it omitted the statutorily required notice of the right to appeal.

Genuine issue of material fact as to agency employment given responsibilities and reporting relationships.



Mohamed Al-Saffy v. Thomas Vilsack

DC Circuit: Oklahoma Gas and Electric Co. v. FERC

Administrative

Presumption of rationality in judicial review of contracts does not apply to rights of first refusal, given their anticompetitive nature.

Oklahoma Gas and Electric Co. v. FERC

DC Circuit: Akiachak Native Community v. DOI

FRCP, Mootness

Case is moot, as the regulation has been rescinded.

Dissent -- Parties are still in conflict.

Akiachak Native Community v. DOI

DC Circuit: United Airlines, Inc. v. FERC

Administrative

FERC ratemaking that substituted a second time period was arbitrary and capricious in that insufficient explanation was offered for the selection of the second period.

No error in agency's declining to index the rates across a period of time, as it would have resulted in an unreasonable benefit, and the purpose of the indexing regulation is equitable.

Corporations and partnerships must be evenly treated in deciding tax offsets.

United Airlines, Inc. v. FERC

Ninth Circuit: MICHAEL CUERO V. MATTHEW CATE

Habeas

Given contract law, state violates Due Process by adding a predicate prior after the plea had been accepted by the court and a misdemeanor had been dropped pursuant to the terms of the deal.

Dissent:  Inability to enforce plea deal is not constitutional error.

MICHAEL CUERO V. MATTHEW CATE

Ninth Circuit: EMILY ATTMORE V. CAROLYN COLVIN

SSA

ALJ must compare medical evidence of improvement with the medical evidence indicating disability.

Temporary improvements in psychiatric condition must be sustained and broad in scope to warrant adjustment of the finding.


EMILY ATTMORE V. CAROLYN COLVIN

Eighth Circuit: Larry Schaefer v. Dale Putnam

FRCP

Claim preclusion bars an action where the parties had notice of the additional claim, might have amended the first claim to incorporate it, and there was nothing preventing a full and fair adjudication of the claims arising out of the transaction.


Larry Schaefer  v.  Dale Putnam