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

Third Circuit: W.R. Grace & Co. v.

Injunction channelling recoveries in asbestos bankruptcies applies to both named and un-named parties; the injunction does not pre-empt state workman's compensation laws by governing recoveries by workmans comp funds, as it doesn't modify rights or duties under the law.

Test of whether recoveries are governed by the injunction is whether the injury is wholly separate from the asbestos liability.

http://www2.ca3.uscourts.gov/opinarch/171208p.pdf

Third Circuit: Traci Berardelli v. Allied Services Institute

Where the standards of liability of two statutes are substantively identical, administrative regulations enacted for one are due deference in interpreting the other.

Requested accommodation was reasonable as a matter of law -- jury instruction giving plaintiffs the burden to establish reasonability was error.

http://www2.ca3.uscourts.gov/opinarch/171469p.pdf

Second Circuit: D’Addario v. D’Addario, et al.

Although a claimant's claim against the estate is not yet ripe, as its present lack of value might change, a claim based on the claimant's collection expenses is sufficiently final.

Estate, which as a matter of state law is an inchoate entity, can serve as the nexus for a civil RICO association-in-fact.


http://www.ca2.uscourts.gov/decisions/isysquery/aa7d1353-0417-45d3-8cb2-69fbe6d60e55/1/doc/17-1162_opn.pdf#xml=http://www.ca2.uscourts.gov/decisions/isysquery/aa7d1353-0417-45d3-8cb2-69fbe6d60e55/1/hilite/

Second Circuit: In re: Matthew N. Murray

Creditor seeking to initiate an involuntary bankruptcy must demonstrate prejudice from inadequacy of state legal remedies and that the petition serves the purposes of the Act.

http://www.ca2.uscourts.gov/decisions/isysquery/aa7d1353-0417-45d3-8cb2-69fbe6d60e55/2/doc/17-1272_opn.pdf#xml=http://www.ca2.uscourts.gov/decisions/isysquery/aa7d1353-0417-45d3-8cb2-69fbe6d60e55/2/hilite/

First Circuit: Lemus v. Sessions

Exigent grounds for adjustment of immigration status do not repoen the filing period for the claim.

Sua sponte decisions of whether to open a case are unreviewable absent colorable constitutional or legal claims.

Past agency adjudication holding that the agency would modify procedures where a claimant was prima facie eligible antedates the current rules and does not make the present holding arbitrary and capricious.

http://media.ca1.uscourts.gov/pdf.opinions/17-2068P-01A.pdf

First Circuit: US v. Sosa-Gonzalez

General objection to reasonableness of sentence at trial does not preserve specific procedural sentencing challenges.

Sentence procedurally and substantively reasonable.

http://media.ca1.uscourts.gov/pdf.opinions/17-2005P-01A.pdf

First Circuit: US v. Gierbolini-Rivera

Sentence procedurally and substantively reasonable.

http://media.ca1.uscourts.gov/pdf.opinions/15-2076P-01A.pdf

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