Chapter 13 of the Act does not provide an exception to discharge for post-petition associational assessments.
http://cdn.ca9.uscourts.gov/datastore/opinions/2018/07/10/16-35384.pdf
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.
Eighth Circuit: Michael Holmes v. Bobby Lee Garrett
Evidence of plaintiff's prior convictions properly excluded in S1983 claim, as a "mere presence" defense does not open the door for an examination of the plaintiff's truthfulness in a S1983 suit; the question being tried is the conduct of the officer. Additionally, not probative of plaintiff's truthfulness.
Admission of prosecutor's testimony about deft's guilty pleas, if error, not prejudicial. Physician expert had appropriate foundation. Sufficient evidence for conspiracy, given pre-existing working relationship; sufficient evidence for state tort claims.
Conspiracy instruction did not lower the threshold; court did not err in adding a definition of "instigate" to the standard instruction; damages can be prospective under state law.
http://media.ca8.uscourts.gov/opndir/18/07/171309P.pdf
Admission of prosecutor's testimony about deft's guilty pleas, if error, not prejudicial. Physician expert had appropriate foundation. Sufficient evidence for conspiracy, given pre-existing working relationship; sufficient evidence for state tort claims.
Conspiracy instruction did not lower the threshold; court did not err in adding a definition of "instigate" to the standard instruction; damages can be prospective under state law.
http://media.ca8.uscourts.gov/opndir/18/07/171309P.pdf
Eighth Circuit: Chantel Courtney v. Commissioner, Social Security
An ALJ has no obligation to inquire into the basis of vocational expert's going beyond the terms of the job guide so long as the extra elements do not conflict with the terms of the job guide.
http://media.ca8.uscourts.gov/opndir/18/07/171777P.pdf
http://media.ca8.uscourts.gov/opndir/18/07/171777P.pdf
Seventh Circuit: Roy Mitchell, Jr. v. Kevin Kallas
There is a genuine issue for trial where a sufficiently controlling prison physician completely denies treatment for gender issues due to the short time remaining in sentence. Where parole conditions do not preclude such treatment, allegations that parole officers blocked treatment for gender issues presents an issue for trial. Where disparate theories of harm arising from both incarceration and post-release restrictions have a common factual basis, a single action is permissible under statute.
http://media.ca7.uscourts.gov/cgi-bin/rssExec.pl?Submit=Display&Path=Y2018/D07-10/C:16-3350:J:Wood:aut:T:fnOp:N:2184144:S:0
http://media.ca7.uscourts.gov/cgi-bin/rssExec.pl?Submit=Display&Path=Y2018/D07-10/C:16-3350:J:Wood:aut:T:fnOp:N:2184144:S:0
Seventh Circuit: USA v. Ronald Norweathers
As the prosecution might legitimately have expected that deft would say that someone else sent the files, court's admission of uncharged emails was not unduly prejudicial; the emails were also not used to establish propensity, as the primary fact asserted was the identity of the emailer. If error, harmless, given other evidence.
http://media.ca7.uscourts.gov/cgi-bin/rssExec.pl?Submit=Display&Path=Y2018/D07-10/C:17-1311:J:Bauer:aut:T:fnOp:N:2184049:S:0
http://media.ca7.uscourts.gov/cgi-bin/rssExec.pl?Submit=Display&Path=Y2018/D07-10/C:17-1311:J:Bauer:aut:T:fnOp:N:2184049:S:0
Seventh Circuit: Jon Giles v. Gabrielle Tobeck
The actions of a prison guard who mistakenly unlocked a section of cells and negligently relied on an inmate to voluntarily return to a cell unescorted did not rise to the level of deliberate indifference vis-a-vis the subsequent fisticuffs.
http://media.ca7.uscourts.gov/cgi-bin/rssExec.pl?Submit=Display&Path=Y2018/D07-10/C:17-1707:J:PerCuriam:aut:T:fnOp:N:2184277:S:0
http://media.ca7.uscourts.gov/cgi-bin/rssExec.pl?Submit=Display&Path=Y2018/D07-10/C:17-1707:J:PerCuriam:aut:T:fnOp:N:2184277:S:0
Seventh Circuit: Theresa Mason-Funk v. City of Neenah
Qualified immunity for police officers who killed an innocent person during a hostage situation, as the only circuit precedent holding that officials have a duty of care in such a situation was subsequently vacated as moot.
http://media.ca7.uscourts.gov/cgi-bin/rssExec.pl?Submit=Display&Path=Y2018/D07-10/C:17-3380:J:Bauer:aut:T:fnOp:N:2184309:S:0
http://media.ca7.uscourts.gov/cgi-bin/rssExec.pl?Submit=Display&Path=Y2018/D07-10/C:17-3380:J:Bauer:aut:T:fnOp:N:2184309:S:0
Sixth Circuit: Teresa Barry v. James O'Grady
Court has no jurisdiction over interlocutory appeal as to denial of qualified immunity when the petition argues disputed facts; any theory of appeal that holds that there is no issue for trial must construe any disputed facts in favor of the opposing party.
http://www.opn.ca6.uscourts.gov/opinions.pdf/18a0136p-06.pdf
http://www.opn.ca6.uscourts.gov/opinions.pdf/18a0136p-06.pdf
Sixth Circuit: Larry Slusser v. United States
Knowing and voluntary appeals waiver in plea deal forfeited the right to challenge a sentence that, given subsequent developments in the law, has become in excess of the statutory maximum sentence for the crime. Circuit precedent to the contrary was dicta.
http://www.opn.ca6.uscourts.gov/opinions.pdf/18a0136p-06.pdf
http://www.opn.ca6.uscourts.gov/opinions.pdf/18a0136p-06.pdf
Sixth Circuit: In Re: Estate of Jerry West v. U.S. Dep't of Veterans Affairs
As the state court lost jurisdiction over the matter when the district court took it up, common-law probate remand to the state court had no basis, as there was no dual jurisdiction to resolve. Also, state court did not have jurisdiction over claim, due to statutory administrative review procedures.
Dissent: Statute requires District Court to remand; District Court has no power to examine state forum's basis for jurisdiction.
http://www.opn.ca6.uscourts.gov/opinions.pdf/18a0134p-06.pdf
Dissent: Statute requires District Court to remand; District Court has no power to examine state forum's basis for jurisdiction.
http://www.opn.ca6.uscourts.gov/opinions.pdf/18a0134p-06.pdf
Fifth Circuit: Arthur Mitchell v. City of Naples, et al
To present a genuine issue of material fact for trial as to the qualified immunity of the defendants in a wage discrimination claim, the plaintiff must present valid comparators with substantially similar positions.
http://www.ca5.uscourts.gov/opinions/pub/17/17-40737-CV0.pdf
http://www.ca5.uscourts.gov/opinions/pub/17/17-40737-CV0.pdf
Second Circuit: Massey v. United States
Habeas petition is untimely when petitioner was sentenced under an earlier-abrogated provision of the law that established certain crimes as predicate convictions based on the use of force, but petitions for relief under a subsequent holding of the Supreme Court as to the residual clause of the same law, since only the latter announced a substantive change in the law.
http://www.ca2.uscourts.gov/decisions/isysquery/d97b88cf-c722-4c12-a6fc-67b8ddb371fe/1/doc/17-1676_opn.pdf#xml=http://www.ca2.uscourts.gov/decisions/isysquery/d97b88cf-c722-4c12-a6fc-67b8ddb371fe/1/hilite/
http://www.ca2.uscourts.gov/decisions/isysquery/d97b88cf-c722-4c12-a6fc-67b8ddb371fe/1/doc/17-1676_opn.pdf#xml=http://www.ca2.uscourts.gov/decisions/isysquery/d97b88cf-c722-4c12-a6fc-67b8ddb371fe/1/hilite/
Federal Circuit: Texas Optoelectronic v. Renesas Electronics
Although two of the three theories of trade secret misappropriation advanced at trial were legally erroneous, the evidence of the one remaining theory preponderated, and so the verdict can stand, but remanded to determine amount of equitable disgorgement under that theory. As disgorgement was not available as a remedy for IP infringement in 1791, there is no right to demand a jury trial on the question.
Many other small things, and time is short.
http://www.cafc.uscourts.gov/sites/default/files/opinions-orders/16-2121.Opinion.7-9-2018.pdf
Many other small things, and time is short.
http://www.cafc.uscourts.gov/sites/default/files/opinions-orders/16-2121.Opinion.7-9-2018.pdf
DC Circuit: Morley v. CIA
Court did not abuse its discretion in denying award of fees in FOIA action, as court might reasonably have found the agency's actions to be reasonable.
Dissent: Violation of a statute requiring agency to disclose otherwise available documents instead of referring the requester to the alternate source was, by it terms, unreasonable.
https://www.cadc.uscourts.gov/internet/opinions.nsf/FAFBF71409B33B0E852582C50070FE19/$file/17-5114-1739739.pdf
Dissent: Violation of a statute requiring agency to disclose otherwise available documents instead of referring the requester to the alternate source was, by it terms, unreasonable.
https://www.cadc.uscourts.gov/internet/opinions.nsf/FAFBF71409B33B0E852582C50070FE19/$file/17-5114-1739739.pdf
Tenth Circuit: Lamb v. Norwood
Absent case-specific medical findings, a prisoner's assertion of medical necessity of gender transition does not present a genuine issue of deliberate indifference for trial.
Petitioner did no have standing to challenge the preliminary investigative report or to supplement it, as its conclusions could be rebutted in the motions for and against summary judgment.
https://www.ca10.uscourts.gov/opinions/17/17-3171.pdf
Petitioner did no have standing to challenge the preliminary investigative report or to supplement it, as its conclusions could be rebutted in the motions for and against summary judgment.
https://www.ca10.uscourts.gov/opinions/17/17-3171.pdf
Tenth Circuit: United States v. Garcia-Herrera
After entry of judgment, a court has no jurisdiction over a subsequent motion by a deft to compel former counsel to produce files that would aid in his defense.
https://www.ca10.uscourts.gov/opinions/17/17-6209.pdf
https://www.ca10.uscourts.gov/opinions/17/17-6209.pdf
Tenth Circuit: Polukoff v. St. Mark's Hospital
Realtor's claim that a physician was billing the government for unnecessary cardiac surgeries states a claim where the medical opinion that a procedure is reasonable and necessary does not comport with the government's definitions of reasonability and necessity.
Such a claim survives elevated pleading under the rules, as a general state of mind can be alleged.
https://www.ca10.uscourts.gov/opinions/17/17-4014.pdf
Such a claim survives elevated pleading under the rules, as a general state of mind can be alleged.
https://www.ca10.uscourts.gov/opinions/17/17-4014.pdf
Tenth Circuit: Warnick v. Cooley
Absolute prosecutorial immunity shields prosecutors from a S1983 claim arising out of allegedly false charges, despite allegations of related unshielded conduct.
Balance of claims pleaded with insufficient particularity, leave to amend properly denied, as no draft claim was filed, no formal motion to amend was filed, and three years have passed since filing of claim.
https://www.ca10.uscourts.gov/opinions/17/17-4065.pdf
Balance of claims pleaded with insufficient particularity, leave to amend properly denied, as no draft claim was filed, no formal motion to amend was filed, and three years have passed since filing of claim.
https://www.ca10.uscourts.gov/opinions/17/17-4065.pdf
Ninth Circuit: Morris v. Ernst & Young LLP
Per curiam summary affirmance on remand.
http://cdn.ca9.uscourts.gov/datastore/opinions/2018/07/09/13-16599.pdf
http://cdn.ca9.uscourts.gov/datastore/opinions/2018/07/09/13-16599.pdf
Seventh Circuit: Illinois Department of Revenue v. First Community Financial Bank
Bankruptcy court did not err in valuing the state revenue department's lien against post-petition bulk sales by the executor at zero, as the amount is, in practice, subject to negotiation, and a foreclosure would void the interest.
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