Eleventh Circuit: Carmina R. Comparelli, et al v. Republica Bolivariana De Venezuela, et al

Claim captioned as an ATS claim but arising under FISA is properly construed as a FISA claim.

As FISA expropriation suits require factual correctness to state a claim, courts can pierce the pleadings.

Where a state distinguishes between nationals and foreigners among its permanent residents, the seizure does not implicate the domestic takings exception to FISA expropriation claims; in the case of dual nationals, the inquiry into residence is fact-specific.

An effects-based nexus under the commercial exception to FISA counters the presumption against extraterritoriality.

http://media.ca11.uscourts.gov/opinions/pub/files/201616748.pdf

Eleventh Circuit: Jyll Brink v. Raymond James & Associates, Inc.

Company's undisclosed profit margin within the transaction fee for a covered security was not a material misrepresentation bearing on the decision to purchase the security; a class action suit for redress is therefore not barred from the state courts by federal securities law.

http://media.ca11.uscourts.gov/opinions/pub/files/201614144.pdf

Eleventh Circuit: USA v. Delroy Anthony McLean

For purposes of the statute protecting judges from impedance, interference, or intimidation, an immigration judge is a judicial officer who exercises the authority of the Attorney General, and therefore a judicial officer of the United States.

http://media.ca11.uscourts.gov/opinions/pub/files/201710741.pdf

DC Circuit: Rachel Fraenkel v. Islamic Republic of Iran

District court's reduction of damages in a FISA suit seeking solatium (consolation) damages against killers of family member because the victims were targeted on the basis of foreign citizenship was an abuse of discretion.  The appropriate amount, though, is still a matter of judicial discretion.

Similarly, error to reduce damages for assumption of risk, given that the purpose of the statute is to reduce terrorism, and the victims' conduct was reasonable.

https://www.cadc.uscourts.gov/internet/opinions.nsf/C60AD39892C8E38A852582A600521EC3/$file/17-7100-1735019.pdf

DC Circuit: Washington Alliance of Technology Workers v. DHS

Trade group has competitor standing to challenge agency decision on student visas.

A claim that the agency exceeded statutory authority states a claim even absent factual allegations.

Under local rules, a party can rest on its claim in response to a motion to dismiss if the initial filing stated a plausible claim for relief.

Certain administrative challenges are not redressible.

https://www.cadc.uscourts.gov/internet/opinions.nsf/C1913070B98EC073852582A600521EA7/$file/17-5110-1735010.pdf

DC Circuit: Mercy Hospital, Inc. v. Alex M. Azar II

Statutory bar on judicial review of prospective payment rates bars review of "step-two" rates and any formulae inextricably intertwined.

https://www.cadc.uscourts.gov/internet/opinions.nsf/0A1B7A5BDA2046B4852582A600521E8C/$file/16-5267-1734989.pdf

National Environmental Development Association's Clean Air Project v. EPA

As the statute unambiguously refers to regional inconsistencies from the delegation of the Administrator's powers, and moreover, implementing judicially-created inconsistencies is a reasonable resolution of the (un)ambiguity, no error in agency's inconsistent remedies implemented in response to bifurcated judicial review.

https://www.cadc.uscourts.gov/internet/opinions.nsf/C030B5F7DB87A8DB852582A600521E70/$file/16-1344-1734993.pdf

DC Circuit: ESI Energy, LLC v. FERC

Agency did not err when, on remand, it discounted extrinsic evidence that the court had held to be ambiguous.

Relevant date for assigning cost responsibility for a power network upgrade might reasonably be the date of the execution of the agreement to join the network.

https://www.cadc.uscourts.gov/internet/opinions.nsf/C8F18CF446B7250D852582A600522CF6/$file/16-1261.pdf

DC Circuit: Colorado Fire Sprinkler, Inc. v. NLRB

Board's determination that a series of CBA recitations of exclusive representation was sufficient to establish sufficient employee support for the union when initially certified pre-hire was insufficiently reasoned and an abuse of discretion.

https://www.cadc.uscourts.gov/internet/opinions.nsf/C8F18CF446B7250D852582A600522CF6/$file/16-1261.pdf

DC Circuit: US v. Benjamin Grey

Absent a limiting instruction, possibly prejudicial testimony as to previous civil judgment(s?) was inadmissible hearsay and plain error -- but insufficient for reversal.

Prior bad acts were sufficiently contemporaneous to be probative of intent as to the charged crimes.

No need to remand to develop ineffective assistance claim, given evidence of guilt.

https://www.cadc.uscourts.gov/internet/opinions.nsf/7D8985C55A9B312B852582A60052550E/$file/14-3003.pdf

Tenth Circuit: United States v. Melgar-Cabrera

Federal statute providing for incarceration for murder with a firearm is a separate offense, not a sentencing enhancement, given post-Apprendi jurisprudence.

Statute requiring the element of physical force in the commission of a felony implies the requirement of violent force.

Offensive touching can be sufficient force for Hobbs Act robbery.

Indirect force can be a use of physical force under the statute.

https://www.ca10.uscourts.gov/opinions/16/16-2018.pdf

Tenth Circuit: Utah Republican Party v. Cox

Denial of en banc.

Concur from CJ:  Supreme Court should review.  Judicial regulation of political primaries imperils associational rights and substantive ends.

https://www.ca10.uscourts.gov/opinions/16/16-4091.pdf

Ninth Circuit: US v. Hans Elding

State assault with a deadly weapon statute is a valid predicate crime of violence, as the requirement that the victim's immediate fear of reasonable bodily harm implies a use or threatened use of physical force.

As state robbery statute can be violated with violence to property, it isn't a categorical predicate crime of violence, and it doesn't match the generic definitions of robbery and extortion.

Questions about advisory sentencing guidelines are addressed under the rule of lenity.

As there is no requirement that the force used be violent, the state extortion statute isn't a predicate crime of violence.

http://cdn.ca9.uscourts.gov/datastore/opinions/2018/06/08/16-10457.pdf

Ninth Circuit: NLRB v. Ironworkers Local 433

First Amendment ruling as to speech against the government was an insufficient change in existing law to justify relief from judgment enforcing a contempt adjudication on secondary picketing under the Act, as alternate mechanisms of speech such as leaflets are still available, and the Act is content-neutral.

Concur: Not ripe, as only a vague desire to picket, and no indication of enforcement plans by management.

http://cdn.ca9.uscourts.gov/datastore/opinions/2018/06/08/88-07283.pdf

Eighth Circuit: Leslie Camick v. Jefferson B. Sessions III

As an alien has the power to challenge the knowingness of waiver and petition for an extension, overstaying a voluntary departure order exhausts the benefit of permitted departure and allows the government to finalize the alternative order of removal, with all waivers of the voluntary departure grant intact.

 (Again, all this is quick work.  Not legal advice.  Don't rely.)

http://media.ca8.uscourts.gov/opndir/18/06/163506P.pdf

Seventh Circuit: Warren Johnson v. Advocate Health and Hospitals

Reported statement of partially anonymous comparator as to their pay is neither hearsay nor sufficient to establish the validity of the comparator.

Descriptions of comaparators on unfair promotion claim, unfair assignments claim, and termination claim were not specific enough to establish them as legitimate.

Sworn statements and depositions averring discriminatory language suffice to present an issue for trial.

Even where a contractor performs many supervisory duties, a supervening agent who retains the ability to hire, fire, and discipline workers (beyond "rubber stamp" approval) can be liable for a claim of workplace discrimination.

Concur/Diss:  Reported workplace speech was too sporadic to present an issue of a hostile work environment.

http://media.ca7.uscourts.gov/cgi-bin/rssExec.pl?Submit=Display&Path=Y2018/D06-08/C:16-3848:J:Rovner:aut:T:fnOp:N:2168250:S:0

Seventh Circuit: EEOC v. CVS Pharmacy, Incorporated

Award of fees against the Commission was an abuse of discretion, as there was a colorable argument that neither the Commission's own conciliation requirement nor the statutory requirement for same was a prerequisite to suit.

http://media.ca7.uscourts.gov/cgi-bin/rssExec.pl?Submit=Display&Path=Y2018/D06-08/C:17-1828:J:Wood:aut:T:fnOp:N:2168314:S:0

Sixth Circuit: United States v. Trevon Barcus - Eastern District of Tennessee at Knoxville

Categorically, the state statute was not a valid predicate for statutory offender registration, as it did not incorporate the specific intent required by the federal statute.

Given the statement in the commentary to the statute, offender lifetime monitoring  is a valid predicate for a sentencing bump for crimes committed during a criminal justice sentence.

Release conditions mandating psychological treatment and polygraph are reasonably related to registration offense.

http://www.opn.ca6.uscourts.gov/opinions.pdf/18a0109p-06.pdf

Sixth Circuit: Barbara Fletcher v. Honeywell Int'l, Inc.

The durational clause of a CBA applies to health coverage absent clear affirmative language to the contrary.

Lifetime health benefits for survivors of workers does not imply a similar vesting for workers; in fact, it argues against any ambiguity as to the question where the agreement is silent on that point.

http://www.opn.ca6.uscourts.gov/opinions.pdf/18a0108p-06.pdf

First Circuit: Caraballo-Caraballo v. Administracion de Correccion

In assessing comparators for a claim of workplace discrimination, the plaintiff's demonstrated ability in performing the present job should be taken into account.

Transfer to the Commissary, even absent diminution in rank or pay, was a sufficiently adverse employment action.

http://media.ca1.uscourts.gov/pdf.opinions/16-1597P-01A.pdf