Fifth Circuit: Sealed Appellee v. Sealed Appellant

Deft waived right to non-conflicted counsel when accepting that counsel had a conflict while fully aware that, additionally, counsel was a potential co-defendant in the present action.

http://www.ca5.uscourts.gov/opinions/pub/17/17-50487-CV0.pdf

Fifth Circuit: IAS Service Group, L.L.C. v. Jim Buckley & Associates

Fraudulent inducement pleaded with sufficient particularity; Contractual term did not operate as a disclaimer of reliance; no clear error in court's determination that breach of contract regarding assignment was harmless; party asserting breach had the obligation to establish performance of the condition precedent.

http://www.ca5.uscourts.gov/opinions/pub/17/17-50105-CV0.pdf

Fifth Circuit: USA v. Henry Reddick

After hash values of suspect images were flagged by the private vendor, subsequent opening of the files by law enforcement did not violate the Fourth Amendment, as the opening didn't expand the scope of the search.

http://www.ca5.uscourts.gov/opinions/pub/17/17-41116-CR0.pdf

Fifth Circuit: Ashley Krawietz, et al v. Galveston Independent Schools

School district did not act quickly enough after having cause to know of the need for action.  Plaintiff was correctly categorized as a prevailing party for the purpose of the fee award when the court ordered the deft. to comply with their obligations under the Act.

http://www.ca5.uscourts.gov/opinions/pub/17/17-40461-CV0.pdf

Fifth Circuit: Veritext Corporation v. Paul Bonin, et al

State regulation of business practices of shorthand court reporters is justified by a sufficiently strong state interest.

The practice is not immunized against antitrust scrutiny, though, as there is no active state oversight; while the regulations are a creation of the legislature, and the Board is merely administering them.

http://www.ca5.uscourts.gov/opinions/pub/17/17-30691-CV0.pdf

Fifth Circuit: Gregory Samples v. Harris County

Grant of qualified immunity for police use of taser on fellow who might have struck a fighting stance.

http://www.ca5.uscourts.gov/opinions/pub/17/17-20350-CV0.pdf

There's more

...elsewhere.  viz:

http://media.ca7.uscourts.gov/cgi-bin/rssExec.pl?Time=today&FromMonth=&FromDay=&FromYear=&ToMonth=&ToDay=&ToYear=&Author=any&AuthorName=&Case=any&CaseY1=&CaseY2=&CaseN1=&CaseN2=&CaseN3=&CaseN4=&Submit=Submit&RssJudgeName=Wood&OpsOnly=yes

http://media.ca8.uscourts.gov/cgi-bin/TodayOpn.pl

https://www.ca9.uscourts.gov/opinions/?pk_id=0000009531

http://www.ca11.uscourts.gov/todays-published-opinions

http://www.cafc.uscourts.gov/opinions-orders

All for now.  Back tomorrow if the crick don't rise.

-CB

Seventh Circuit: BRC Rubber & Plastics, Inc. v. Continental Carbon Company

Conditional right of first refusal requiring counterparty to allow vendor the chance to match any lower price for the contracted item is sufficiently binding on the first party to operate as consideration for the contract.  As the factual statements of the original claim support a theory of anticipatory repudiation, the court may allow the new theory of claim at summary judgment, absent prejudice.

http://media.ca7.uscourts.gov/cgi-bin/rssExec.pl?Submit=Display&Path=Y2018/D08-16/C:17-2783:J:Ripple:aut:T:fnOp:N:2203557:S:0

Seventh Circuit: Naperville Smart Meter Awarene v. City of Naperville

As it gives the government data that would be otherwise unavailable without a physical search, electrical consumption data collected at fifteen-minute intervals retained for a space of years constitutes a search under the Fourth Amendment.  Given the significant government interests in the program, the fact that excessive electricity use isn't a crime per se, and that, according to a guarantee sent to users by the utility, third parties, including law enforcement, need a warrant for access to customer data, the search is a reasonable one.

http://media.ca7.uscourts.gov/cgi-bin/rssExec.pl?Submit=Display&Path=Y2018/D08-16/C:16-3766:J:Kanne:aut:T:fnOp:N:2203659:S:0

Sixth Circuit: Jena McClellan v. Midwest Machining, Inc.

Where a plaintiff alleging discrimination attempts to return the contractual consideration for an earlier waiver of the claim within a reasonable period of learning of their rights under the discrimination statute, the common-law tender-back rule is satisfied. 

http://www.opn.ca6.uscourts.gov/opinions.pdf/18a0171p-06.pdf

Sixth Circuit: Ian Davis v. Margaret Bradshaw

Recantation of trial witness insufficiently credible to trigger the actual-innocence exception to the statutory limitation on Habeas petitions.

http://www.opn.ca6.uscourts.gov/opinions.pdf/18a0172p-06.pdf

End of day

Much more here:

http://media.ca7.uscourts.gov/cgi-bin/rssExec.pl?Time=week&FromMonth=&FromDay=&FromYear=&ToMonth=&ToDay=&ToYear=&Author=any&AuthorName=&Case=any&CaseY1=&CaseY2=&CaseN1=&CaseN2=&CaseN3=&CaseN4=&Submit=Submit&RssJudgeName=Wood&OpsOnly=yes

http://media.ca8.uscourts.gov/cgi-bin/TodayOpn.pl

https://www.ca9.uscourts.gov/opinions/?pk_id=0000009531

https://www.ca10.uscourts.gov/clerk/opinions/daily

http://www.ca11.uscourts.gov/todays-published-opinions

http://www.cafc.uscourts.gov/opinions-orders

Sixth Circuit: Jonathan Gaffers v. Kelly Servs., Inc.

Arbitration agreement is not displaced by the FLSA; a challenge to the agreements on the basis that compelling individual arbitration precludes collective action is a challenge to the purpose of arbitration, and therefore not permissible under the savings clause of the Act.

http://www.opn.ca6.uscourts.gov/opinions.pdf/18a0170p-06.pdf

Third Circuit: Corey Bland v. City of Newark

Qualified immunity for officers firing into car after car chase, as the chase was dangerous, the driver continued to verbally threaten them, and a recent carjacking had been armed, leading the police to think that the driver was armed.

http://www2.ca3.uscourts.gov/opinarch/172228p.pdf

Second Circuit: Amy Colvin v. Hubert Keen, et. al.

Initial denial of summary judgment not binding under law of the case.  Denial of summary judgment is not an adjudication of rights or liabilities.

http://www.ca2.uscourts.gov/decisions/isysquery/d561ea22-a702-410d-a0e4-6e8d6bef72b9/1/doc/16-3650_opn.pdf#xml=http://www.ca2.uscourts.gov/decisions/isysquery/d561ea22-a702-410d-a0e4-6e8d6bef72b9/1/hilite/

First Circuit: Sihotang v. Sessions

Abuse of discretion for agency not to reopen immigration removal proceedings where there is a clear factual basis for a claim of changed country conditions affecting his religion and its required practices.

http://media.ca1.uscourts.gov/pdf.opinions/17-2183P-01A.pdf

First Circuit: US v. Valdes-Ayala

Sufficient evidence for bankruptcy fraud, as the petitions filed were the bare minimum to get the clients released from jail.

Sufficient evidence for wire fraud, as Microsoft has no email servers in Puerto Rico.

Sufficient evidence for identity fraud, as victims testified that they didn't sign many of the documents.

No constructive amendment of indictment alleging defrauding of creditors using the court, as the court filings were identified as the fraudulent element, and the offense was the deception in the filings.

No plain error in not sending the full offense-specific jury instruction into the deliberations room; no plain error in omission of materiality from fraud instruction.

Authorized use of names and power of signature is without lawful authority when used unlawfully.

Plain error in use of superseded sentencing guidelines.

Bankruptcy court is a legitimate recipient of restitution order.

http://media.ca1.uscourts.gov/pdf.opinions/16-1002P-01A.pdf

End of day

Ending today's run in Texas.  The rest of the cases can be found on the half-dozen sites whose many employees do this for a living.  (All of which launched well after us.)

This kind of partial coverage is rare  -- generally, we go all-out or not at all.  Given many demands on time/spirit/coffee budget recently, though, this type of partial coverage will be likely be the rule in the coming weeks. 

Basically, it's batting practice, keeping these skills up while writing a dissertation, etc.  Cheers.

-CB

Fifth Circuit: Malcolm Kelso v. Christine Butler, et al

Although the pragmatic function of a motion for judgment as a matter of law is to allow the opposing party to cure any defects in the case before presented to the finder of fact, the deft here was not prejudiced by the granting of the motion without receiving an opportunity to cure the defect, as no proof would have been possible.

http://www.ca5.uscourts.gov/opinions/pub/15/15-30169-CV0.pdf

Fifth Circuit: 21st Mortgage Corporation v. Kayla Glenn

As the statute directs that the value of the possessions retained by the debtor is the value that a retail merchant could derive from them, delivery and setup costs of a mobile home are not considered part of the value of the retained property.

http://www.ca5.uscourts.gov/opinions/pub/17/17-60533-CV0.pdf