End of Day. Oddly exhausted.

Also:

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

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

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

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

-CB

Eighth Circuit: BNSF Railway Company v. Seats, Incorporated

State common-law tort action against railway suppliers is not preemepted.

http://media.ca8.uscourts.gov/opndir/18/08/171399P.pdf

Eighth Circuit: Mark Tettey Kom Degbe v. Jefferson B. Sessions, III

Challenge to denial of untimely asylum appeal construed as challenge to decision not to remand.  Insufficient grounds.  Deference to Executive on country conditions.

http://media.ca8.uscourts.gov/opndir/18/08/171338P.pdf

Eighth Circuit: Brian King v. The City of Crestwood, MO

Where plaintiff lacks standing to seek federal review of state court decision on the merits, dismissal under Rooker-Feldman is not mandatory; the case can be dismissed for standing.

Municipal court is not a policymaking authority; the outcome of an adjudication therefore can't give rise to a municipal liability claim under S1983.

http://media.ca8.uscourts.gov/opndir/18/08/164560P.pdf

Eighth Circuit: Charlene Eggers v. Wells Fargo Bank, N.A.

Statistical evidence of disparate impact is required to state a claim that an employer's policy had a disparate impact on older workers so long as the policy is not a sweeping disqualification.

http://media.ca8.uscourts.gov/opndir/18/08/164376P.pdf

Seventh Circuit: David Bishop v. Air Line Pilots Association, I

Allegations that a union privileged a more powerful faction within the union, together with a showing of deceptive actions can state a claim  for breach of the duty of fair representation.

http://media.ca7.uscourts.gov/cgi-bin/rssExec.pl?Submit=Display&Path=Y2018/D08-13/C:17-1438:J:Ripple:aut:T:fnOp:N:2201507:S:0

Seventh Circuit: Straits Financial LLC v. Ten Sleep Cattle Co.

Account guarantee agreement for cattle hedging account void  where plaintiff had no knowledge of the illicit trades being made using it.

Duty to mitigate begins with actual knowledge.

http://media.ca7.uscourts.gov/cgi-bin/rssExec.pl?Submit=Display&Path=Y2018/D08-13/C:17-2100:J:Hamilton:aut:T:fnOp:N:2201302:S:0

Seventh Circuit: Katrina Walker v. Carl Weatherspoon

Uncorroborated tip sufficient for warrant.

Non-jurisdictional cutoff date for appeals waived, since the rules aren't jurisdictional, and  the gov't described the brief as "early"

http://media.ca7.uscourts.gov/cgi-bin/rssExec.pl?Submit=Display&Path=Y2018/D08-13/C:17-2665:J:Easterbrook:aut:T:fnOp:N:2201016:S:0

Seventh Circuit: Iowna Portalatin v. Blatt, Hasenmiller, Leibsker

Comprehensive settlement agreement reached during trial released claim for statutory damages and fees.

Penalties under the statute are not per deft.


http://media.ca7.uscourts.gov/cgi-bin/rssExec.pl?Submit=Display&Path=Y2018/D08-13/C:17-3335:J:Manion:aut:T:fnOp:N:2201522:S:0

Sixth Circuit: Kurt Harrington v. J. Ray Ormond

Habeas challenge arising from Supreme Court holding narrowing the causation element of the offense can proceed to argument on the question of retroactivity absent explicit retroactivity assertion by the Supreme Court where other circuits have recognized the ruling as retroactive.

http://www.opn.ca6.uscourts.gov/opinions.pdf/18a0165p-06.pdf

Third Circuit: US v. Ronald Peppers

ACCA residual clause minimum Habeas showing is a mere possibility that the sentencing court acted under that section of the law.

Plea deal did not waive Habeas challenge to sentence, so long as the Habeas minimum showing is met, as parties can't stipulate to a sentence in excess of legal limits.

So long as there is a valid petition arising from a Supreme Court holding made retroactive to cases on collateral review, non-retroactive cases decided in the interval can cited to describe the current state of the law.

Under categorical review, state robbery statute isn't a valid predicate; petitioner did not brief whether state burglary statute is covered under the elements clause of the law; challenge to that predicate conviction is therefore waived.

http://www2.ca3.uscourts.gov/opinarch/171029p.pdf

Second Circuit: Jaen v. Sessions

For the purposes of the Immigration Act, a child lawfully born into a lawful marriage is (conclusively) presumed to be the child of both parents.  Parallel holding under state law as alternative ground.

http://www.ca2.uscourts.gov/decisions/isysquery/c47e857f-f701-4ef9-a7f8-4e6809e4f3e8/1/doc/17-1512_opn.pdf#xml=http://www.ca2.uscourts.gov/decisions/isysquery/c47e857f-f701-4ef9-a7f8-4e6809e4f3e8/1/hilite/

End of day

See also:

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

https://www.cadc.uscourts.gov/internet/opinions.nsf

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

Tenth Circuit: US v. Mann

State assault with bodily injury statute is categorically a predicate crime of violence for the statute, despite the fact that a mens rea of recklessness suffices for conviction, as violence can be reckless.

https://www.ca10.uscourts.gov/opinions/17/17-2117.pdf

Vasquez - Valle v. Jefferson Sessions

State witness tampering statute is not categorically a crime of moral turpitude, since it encompasses a wide range of conduct.  Under modified categorical review, the conviction for knowingly inducing a witness to be absent was not a valid predicate.

http://cdn.ca9.uscourts.gov/datastore/opinions/2018/08/10/13-74213.pdf

Holzhauer v. Golden Gate Bridge District

Tort liability for joint operation of a vessel is determined proximate to the time of the accident, not through the duration of the voyage.  The boat owner therefore had no duty to supervise the skilled passenger under a duty of joint operation when the latter took the helm, and as there was no duty of care, no question of comparative negligence arises.

http://cdn.ca9.uscourts.gov/datastore/opinions/2018/08/10/16-15942.pdf

Ninth Circuit: State of Hawaii v. Donald J. Trump

Remand following Certiarori review.

http://cdn.ca9.uscourts.gov/datastore/opinions/2018/08/10/17-17168.pdf

Eighth Circuit: Hal Stanley v. Katherine Finnegan

Denial of qualified immunity where reasonable suspicion is needed to remove children from the home, and the children were removed despite a plainly exculpatory visit by the agency a short time before.

http://media.ca8.uscourts.gov/opndir/18/08/172702P.pdf

Eighth Circuit: David Faltermeier v. FCA US LLC

Given the complexity of the action and the fact that fees increase with the complexity of the action, no plain error in court's calculation of potential fees for the purpose of determining if the total award was sufficient for removal under the statute.

While state law does not require actual reliance on the misrepresentation, there must be some connection between the representation and the purchase.

http://media.ca8.uscourts.gov/opndir/18/08/172093P.pdf

Eighth Circuit: United States v. Mohamed Farah

No abuse of discretion in denial of last-minute motion for substitute counsel, given that deft had not voiced dissatisfaction with counsel.

Joining insurgency while claiming the defense of innocent civilians does not exculpate from murder by unlawful belligerency, as the latter is a matter of law, and ignorance of law offers no defense.

No procedural error in sentencing where court does not address disparity with co-conspirators, but defts extensively discussed the issue in sentencing memoranda; court is presumed to have reviewed.

Sentencing disparities not substantively unreasonable.

http://media.ca8.uscourts.gov/opndir/18/08/164363P.pdf