Fifth Circuit: USA v. Alfredo Heard

Conviction for drug possession entered during the pendency of the drug conspiracy is not per se part of the same pattern of relevant conduct, but can be considered an element of criminal history.

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Fifth Circuit: Martha Kinard v. Dish Network Corporation


Imbalance between unionized and non-unionized workers' wages provided sufficient equitable necessity for injunction against unilateral imposition of final offer.

NLRB waived grounds for cross-appeal seeking injunction against future wage losses by not including the argument below and in the ULP.

http://www.ca5.uscourts.gov/opinions/pub/17/17-10282-CV0.pdf
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Third Circuit: Gregory Ricks v. D. Shover

In prisons, abuse of a sexual nature, either in single instances or in a pattern of conduct, can present an Eighth Amendment violation, but courts should not constitutionalize every malevolent touch.

http://www2.ca3.uscourts.gov/opinarch/162939p.pdf
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Second Circuit: Wilson, et. al. v. Dynatone, et. al.

Deft's registration of copyright in sound recording as "work for hire" and lack of subsequent royalty payments were insufficient repudiations of the plaintiff's rights in the composition to trigger the statute of limitations on the plaintiff's claim.


 http://www.ca2.uscourts.gov/decisions/isysquery/57bd403b-df30-4dd7-8243-9eb9a1d9f495/2/doc/17-1549_opn.pdf#xml=http://www.ca2.uscourts.gov/decisions/isysquery/57bd403b-df30-4dd7-8243-9eb9a1d9f495/2/hilite/
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Second Circuit: In re: World Trade Center Lower Manhattan Disaster Site Litigation


Given answers to questions certified to New York court, exposure to liability is insufficient grounds to waive the state's prohibition of state constitutional challenges made by state entities to state statutes. 


 http://www.ca2.uscourts.gov/decisions/isysquery/57bd403b-df30-4dd7-8243-9eb9a1d9f495/1/doc/15-2181_opn_2.pdf#xml=http://www.ca2.uscourts.gov/decisions/isysquery/57bd403b-df30-4dd7-8243-9eb9a1d9f495/1/hilite/
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Federal Circuit: Acree v. O'Rourke


Review panel has a duty to determine that the claimant's withdrawal of claim is done with a knowledge of the consequences; this does not conflict with the claimant's right to withdraw the claim.

http://www.cafc.uscourts.gov/sites/default/files/17-1749.Opinion.5-31-2018.1.pdf
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Federal Circuit: WMI Holdings Corp. v. US



As plaintiff didn't sufficiently establish value of particular assets within a group acquisition, court was not obliged to independently evaluate the assets.

(NB:  we don't know many things, but we especially don't know tax and patent.  As always, entertainment purposes only.)


http://www.cafc.uscourts.gov/sites/default/files/opinions-orders/17-1944.Opinion.6-1-2018.1.pdf
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Eleventh Circuit:Alfonso Ponton v. Secretary, Florida Department of Corrections


Where a court recharacterizes a pleading as a habeas filing without informing the deft/petitioner, the petition does not count towards the statutory limit on second and successive findings; this rule applies to initial filings that predate the supreme court decision that established the rule.

http://media.ca11.uscourts.gov/opinions/pub/files/201610683.pdf
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Eleventh Circuit: Campbell v. US


No inadequate assistance of counsel where deft's in-court admission of not living in the house jeopardized his standing to challenge a search there.

Deft could not have challenged the search anyway, as his primary purpose there was business-related.


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Eleventh Circuit: Livingston Manners v. Officer Ronald Cannella, et al.

Arguable probable cause suffices for qualified immunity on S1983 claim. 

Driving 176 yards to lit gas station sufficed to establish deft was fleeing.

Refusal to be handcuffed while rolling on ground made punching and tasing reasonable.

http://media.ca11.uscourts.gov/opinions/pub/files/201710088.pdf
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Eleventh Circuit: Pamela M. Perry, M.D. v. The Schumacher Group of Louisiana, et al


District court retained jurisdiction over action despite joint stipulation as to the sole unadjudicated claim, as only a stipulation as to the entirety of the action would suffice to dismiss the action.


 http://media.ca11.uscourts.gov/opinions/pub/files/201615400.pdf
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Eleventh Circuit: USA v. Sally Jim


Where gambling revenues are used for the welfare of tribe members, statute requiring tax payments on Indian gambling business prevails over earlier statute exempting Indian general welfare payments from taxation.

Refusal to amend monetary judgment against an intervenor of right was not an abuse of discretion.

http://media.ca11.uscourts.gov/opinions/pub/files/201617109.pdf
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US v. Marcel King



Possible future offender registration requirement is an insufficient collateral consequence of supervised release revocation to prevent mootness after completion of the sentence.


http://cdn.ca9.uscourts.gov/datastore/opinions/2018/06/04/17-10006.pdf
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Ninth Circuit: Luther v. Berryhill



SSA ALJ must explain discounting of 100% VA disability finding.


 http://cdn.ca9.uscourts.gov/datastore/opinions/2018/06/04/16-55987.pdf
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Ninth Circuit: Pacific-Western Bank v. Fagerdala



Purchase of a subset of claims in a class is not per se proof of bad faith; bankruptcy court must consider whether there is either an ulterior motive or a plan to injure the other creditors beyond enlightened self interest.
http://cdn.ca9.uscourts.gov/datastore/opinions/2018/06/04/16-35430.pdf
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Ninth Circuit: Hodson v. Mars Inc.


Not disclosing the possibility of child or slave labor in the supply chain doesn't violate state disclosure laws, as the omission does not relate to a physical defect affecting the central function of the product.


 http://cdn.ca9.uscourts.gov/datastore/opinions/2018/06/04/16-15444.pdf
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Eighth Circuit: A.H. v. St. Louis County, Missouri



Insufficient proof for deliberate indifference S1983 claim relating to jail suicide; a plan to defeat the problem suffices to defeat municipal liability.

Mere performance of the merely ministerial duties exempted from immunity suffices to exculpate from claim.

Improper medical treatment claim can't be brought under disability statutes.


http://media.ca8.uscourts.gov/opndir/18/06/171198P.pdf


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Eighth Circuit: United States v. William Marshall



No abuse of discretion in sentencing, as court did not explicitly rely on prosc. assertion that deft left state to avoid a warrant.

Identity theft sentence for florist living under a false name for fear of the mob generally reasonable.  Bare assertion of indigence unsupported.


http://media.ca8.uscourts.gov/opndir/18/06/164499P.pdf


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Seventh Circuit: Highway J Citizens Group UA v. TRAN



Deference to implicit agency view that road renovation project falls within NEPA exclusion, since agency approved the program.


http://media.ca7.uscourts.gov/cgi-bin/rssExec.pl?Submit=Display&Path=Y2018/D06-05/C:17-1036:J:Easterbrook:aut:T:fnOp:N:2165825:S:0
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Seventh Circuit: John Crane, Incorporated v. Shein Law Center, Ltd.



Insufficient personal jurisdiction over out of state counsel under state long-arm statute where all contacts with forum state were incidental to the litigation.


http://media.ca7.uscourts.gov/cgi-bin/rssExec.pl?Submit=Display&Path=Y2018/D06-04/C:17-1926:J:Kanne:aut:T:fnOp:N:2165287:S:0


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