Trade, Administrative
As the plain terms of the statute permit the agency to consider any information before it in setting the rate, an unusually high benchmark does not offend the limitations of accuracy and commercial reality.
As the rate is based on a primary source, the corroboration requirement is not triggered.
http://www.cafc.uscourts.gov/sites/default/files/opinions-orders/15-1054.Opinion.1-14-2016.1.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.
DC Circuit: Douglas Huron v. Beth F. Cobert
Standing, Administrative
Absent a showing of an extraordinary circumstance, a plaintiff cannot assert Article III Standing at trial and Statutory/Procedural Standing on appeal.
https://www.cadc.uscourts.gov/internet/opinions.nsf/933D62CF9FD20DA485257F3F0052C5F1/$file/14-5042-1594112.pdf
Absent a showing of an extraordinary circumstance, a plaintiff cannot assert Article III Standing at trial and Statutory/Procedural Standing on appeal.
https://www.cadc.uscourts.gov/internet/opinions.nsf/933D62CF9FD20DA485257F3F0052C5F1/$file/14-5042-1594112.pdf
Eighth Circuit: CRP Holdings A-1, LLC v. Casey D. O'Sullivan
Property, Bankruptcy
As the unenforcable lien against a property held by a tenancy of the entirety clouded title, it was fixed for purposes of the Bankruptcy Code, and can therefore can be avoided according to the terms of the Act.
http://media.ca8.uscourts.gov/opndir/16/01/156020P.pdf
As the unenforcable lien against a property held by a tenancy of the entirety clouded title, it was fixed for purposes of the Bankruptcy Code, and can therefore can be avoided according to the terms of the Act.
http://media.ca8.uscourts.gov/opndir/16/01/156020P.pdf
Eighth Circuit: David Bonenberger v. St. Louis Metro. Police Dept.
Title VII, S1983 Conspiracy
Denial of sought-for promotion is an adverse employment action where the change would have been marked by a material change in working conditions.
Conspiracy verdict upheld where the jury might have inferred that knowledge of the discrimination demonstrated active complicity in the discrimination.
http://media.ca8.uscourts.gov/opndir/16/01/143696P.pdf
Denial of sought-for promotion is an adverse employment action where the change would have been marked by a material change in working conditions.
Conspiracy verdict upheld where the jury might have inferred that knowledge of the discrimination demonstrated active complicity in the discrimination.
http://media.ca8.uscourts.gov/opndir/16/01/143696P.pdf
Federal Circuit: Muller v. GPO
Administrative, Arbitration
Statutory time period for arbitration is a housekeeping rule, not a jurisdictional limit on the scope of arbitrablility of claim.
http://www.cafc.uscourts.gov/sites/default/files/opinions-orders/15-3032.Opinion.1-12-2016.1.PDF
Statutory time period for arbitration is a housekeeping rule, not a jurisdictional limit on the scope of arbitrablility of claim.
http://www.cafc.uscourts.gov/sites/default/files/opinions-orders/15-3032.Opinion.1-12-2016.1.PDF
Ninth Circuit: USA v. Estate of Wayne Hage
Property, Administrative
Water rights merely alow for access to divert the water - there are no appurtenant grazing rights implied as an easement of necessity.
Filing of government suit is not a final agency decision subject to review under the APA.
Reassigned on remand.
https://d3bsvxk93brmko.cloudfront.net/datastore/opinions/2016/01/15/13-16974.pdf
Water rights merely alow for access to divert the water - there are no appurtenant grazing rights implied as an easement of necessity.
Filing of government suit is not a final agency decision subject to review under the APA.
Reassigned on remand.
https://d3bsvxk93brmko.cloudfront.net/datastore/opinions/2016/01/15/13-16974.pdf
Eighth Circuit: United States v. Justin Janis
Tribe Law, Agency
While tribal police, as a class, are considered federal employees as a matter of law, as they are enforcing order pursuant to a contract with the BIA, the question of whether any person is acting as a tribal officer is a question of fact to be resolved at trial.
http://media.ca8.uscourts.gov/opndir/16/01/143888P.pdf
While tribal police, as a class, are considered federal employees as a matter of law, as they are enforcing order pursuant to a contract with the BIA, the question of whether any person is acting as a tribal officer is a question of fact to be resolved at trial.
http://media.ca8.uscourts.gov/opndir/16/01/143888P.pdf
Eighth Circuit: Shane Bailey v. Don Feltmann
S1983 - DP/4A
No error in grant of qualified immunity on claim of unconscionable delay in medical treatment, as there was no clearly established right under the Fourth Amendment or Due Process.
http://media.ca8.uscourts.gov/opndir/16/01/143859P.pdf
No error in grant of qualified immunity on claim of unconscionable delay in medical treatment, as there was no clearly established right under the Fourth Amendment or Due Process.
http://media.ca8.uscourts.gov/opndir/16/01/143859P.pdf
Eighth Circuit: Inoel Gonzalez Cano v. Loretta E. Lynch
Immigration
Sufficient evidence for agency finding that petitioner's social group was too ill-defined to warrant relief.
http://media.ca8.uscourts.gov/opndir/16/01/143730P.pdf
Sufficient evidence for agency finding that petitioner's social group was too ill-defined to warrant relief.
http://media.ca8.uscourts.gov/opndir/16/01/143730P.pdf
Seventh Circuit: Kelly Sonnenberg v. Amaya Group Holdings (IOM) Ltd
Statutory Construction
Anti-gambling statute does not have an implied cause of action for third parties to recover gambling losses from websites that hosted the game, but that were not the winning parties in the game.
http://media.ca7.uscourts.gov/cgi-bin/rssExec.pl?Submit=Display&Path=Y2016/D01-15/C:15-1887:J:Posner:aut:T:fnOp:N:1688160:S:0
Anti-gambling statute does not have an implied cause of action for third parties to recover gambling losses from websites that hosted the game, but that were not the winning parties in the game.
http://media.ca7.uscourts.gov/cgi-bin/rssExec.pl?Submit=Display&Path=Y2016/D01-15/C:15-1887:J:Posner:aut:T:fnOp:N:1688160:S:0
Fourth Circuit: Philip McFarland v. Wells Fargo Bank, N.A.
Contracts
Under state law, lack of a showing on substantive unconscionability of the agreement does not bar a finding of unconscionable inducement.
http://www.ca4.uscourts.gov/Opinions/Published/142126.P.pdf
Under state law, lack of a showing on substantive unconscionability of the agreement does not bar a finding of unconscionable inducement.
http://www.ca4.uscourts.gov/Opinions/Published/142126.P.pdf
Third Circuit: In Re Trump Entertainment Resorts
Labor / Bankruptcy
The Bankruptcy Code provisions referencing CBAs apply to the terms of the prior CBA left in place after the end of a prior CBA -- the District Court therefore had jurisdiction under the Code to allow modification of the terms of the agreement, subject to the close scrutiny of the court.
http://www2.ca3.uscourts.gov/opinarch/144807p.pdf
The Bankruptcy Code provisions referencing CBAs apply to the terms of the prior CBA left in place after the end of a prior CBA -- the District Court therefore had jurisdiction under the Code to allow modification of the terms of the agreement, subject to the close scrutiny of the court.
http://www2.ca3.uscourts.gov/opinarch/144807p.pdf
Federal Circuit: McCarthy v. MSPB
Administrative
Denial of motion to reopen a case when issued in the form of a letter is sufficiently final for review when the motion is based on an intervening change in the substantive law.
Where the statute gives the board the task of reopening a case, the decision of the board is subject to APA review.
As complaint phased the substantive issues but not the legal ones, insufficient exhaustion of administrative remedies.
http://www.cafc.uscourts.gov/sites/default/files/opinions-orders/15-3072.Opinion.1-12-2016.1.PDF
Denial of motion to reopen a case when issued in the form of a letter is sufficiently final for review when the motion is based on an intervening change in the substantive law.
Where the statute gives the board the task of reopening a case, the decision of the board is subject to APA review.
As complaint phased the substantive issues but not the legal ones, insufficient exhaustion of administrative remedies.
http://www.cafc.uscourts.gov/sites/default/files/opinions-orders/15-3072.Opinion.1-12-2016.1.PDF
Federal Circuit: Hymas v. US
Administrative
Cooperative agreements were initiated under permissible agency rulemaking and are therefore not procurement contracts subject to Tucker Act jurisdiction.
http://www.cafc.uscourts.gov/sites/default/files/opinions-orders/14-5150.Opinion.1-12-2016.1.PDF
Cooperative agreements were initiated under permissible agency rulemaking and are therefore not procurement contracts subject to Tucker Act jurisdiction.
http://www.cafc.uscourts.gov/sites/default/files/opinions-orders/14-5150.Opinion.1-12-2016.1.PDF
DC Circuit: R.J. Reynolds Tobacco Company v. U.S. Food and Drug Administration
Administrative
Summary judgment based on appointment of committee members with conflicts of interests was error, as the claimed harms were too remote and speculative -- there was no proof that the committee's report would prompt an eventual rulemaking, no proof of confidential disclosures, and no evidence of inappropriate shaping of the committee's report.
https://www.cadc.uscourts.gov/internet/opinions.nsf/4535A54A84790EC685257F3B0054CC05/$file/14-5226-1593800.pdf
Summary judgment based on appointment of committee members with conflicts of interests was error, as the claimed harms were too remote and speculative -- there was no proof that the committee's report would prompt an eventual rulemaking, no proof of confidential disclosures, and no evidence of inappropriate shaping of the committee's report.
https://www.cadc.uscourts.gov/internet/opinions.nsf/4535A54A84790EC685257F3B0054CC05/$file/14-5226-1593800.pdf
DC Circuit: National Security Counselors v. CIA
Fees
A bona fide corporation with an identity distinct from that of the natural person who represents it in court is eligible for fee-shifting provisions of FOIA. In house counsel presumptively distinct from corporation, despite close involvement and personal commitment.
https://www.cadc.uscourts.gov/internet/opinions.nsf/EBD08628AB46B5D185257F3B0054CBEF/$file/14-5171-1593790.pdf
A bona fide corporation with an identity distinct from that of the natural person who represents it in court is eligible for fee-shifting provisions of FOIA. In house counsel presumptively distinct from corporation, despite close involvement and personal commitment.
https://www.cadc.uscourts.gov/internet/opinions.nsf/EBD08628AB46B5D185257F3B0054CBEF/$file/14-5171-1593790.pdf
DC Circuit: Silverado Stages, Inc. v. FMCSA
Administrative
Challenge to mechanics of system for challenging material in online database insufficiently developed for review.
Auer deference to agency exempting database from regulatory process.
Notice and comment challenge to findings of safety violations waived here for not being raised in District court.
https://www.cadc.uscourts.gov/internet/opinions.nsf/6F8CBD8F8930A7CB85257F3B0054CBD0/$file/14-1298-1593796.pdf
Challenge to mechanics of system for challenging material in online database insufficiently developed for review.
Auer deference to agency exempting database from regulatory process.
Notice and comment challenge to findings of safety violations waived here for not being raised in District court.
https://www.cadc.uscourts.gov/internet/opinions.nsf/6F8CBD8F8930A7CB85257F3B0054CBD0/$file/14-1298-1593796.pdf
Ninth Circuit: Elton Mendoza Rizo v. Loretta E. Lynch
Immigration / Administrative
Remand to IJ doesn't make case insufficiently final for review, as IJ's remit is to provide for the possibility of voluntary departure.
Petitioner insufficiently developed claims against denial of asylum -- insufficient exhaustion.
No constitutional harm in aggressive questioning by IJ.
https://d3bsvxk93brmko.cloudfront.net/datastore/opinions/2016/01/14/13-74216.pdf
Remand to IJ doesn't make case insufficiently final for review, as IJ's remit is to provide for the possibility of voluntary departure.
Petitioner insufficiently developed claims against denial of asylum -- insufficient exhaustion.
No constitutional harm in aggressive questioning by IJ.
https://d3bsvxk93brmko.cloudfront.net/datastore/opinions/2016/01/14/13-74216.pdf
Ninth Circuit: Steve Klein v. City of Laguna Beach
S1983, Fees
Error to deny fees for S1983 action, as although nominal claims were awarded in a suit seeking compensatory damages, the primary goal of the suit was to change government policy.
No error in denial of fees under state statute, as the other party prevailed on the state law claims.
https://d3bsvxk93brmko.cloudfront.net/datastore/opinions/2016/01/14/13-56973.pdf
Error to deny fees for S1983 action, as although nominal claims were awarded in a suit seeking compensatory damages, the primary goal of the suit was to change government policy.
No error in denial of fees under state statute, as the other party prevailed on the state law claims.
https://d3bsvxk93brmko.cloudfront.net/datastore/opinions/2016/01/14/13-56973.pdf
Ninth Circuit: USA v. Christopher James
Statutory construction, Crim
Federal statute does not import state standards for the ability to consent -- fundamentally a decision for the jury.
Dissent: (Koz) No ambiguity in statute.
https://d3bsvxk93brmko.cloudfront.net/datastore/opinions/2016/01/14/13-10543.pdf
Federal statute does not import state standards for the ability to consent -- fundamentally a decision for the jury.
Dissent: (Koz) No ambiguity in statute.
https://d3bsvxk93brmko.cloudfront.net/datastore/opinions/2016/01/14/13-10543.pdf
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