Ninth Circuit: US v. Raygoza-Garcia

The vehicle's innocent conduct created sufficiently particularized and objective reasonable suspicion for the stop, given the experience of the officers.

Special Concur: True according to precedent, but problematic to use innocent conduct as basis for border stops.

http://cdn.ca9.uscourts.gov/datastore/opinions/2018/08/31/16-50490.pdf

Ninth Circuit: McCray v. Marriott

Where a labor right arises from a statute but is waived by a CBA, a challenge to the waiver is construed as a challenge to the statute, not to the CBA, making preemption removal inapposite and depriving the federal court of jurisdiction over the question of state law.

Dissent:  It's about the CBA.

http://cdn.ca9.uscourts.gov/datastore/opinions/2018/08/31/17-15767.pdf

Eighth Circuit: Matthew Dickson v. Gospel for ASIA, Inc.

Arbitration agreement had sufficient mutuality in the counter-party's agreement to be bound.

Dissent: State law requires that, in order to create an enforceable agreement, both parties to an arbitration agreement must agree to arbitrate claims.

http://media.ca8.uscourts.gov/opndir/18/08/171191P.pdf

Seventh Circuit: Estate of Derek Williams, Jr. v. Jeffrey Cline

Remand of interlocutory review of denial of qualified immunity in order for the court below to make factual findings as to the defts' specific conduct.

http://media.ca7.uscourts.gov/cgi-bin/rssExec.pl?Submit=Display&Path=Y2018/D08-31/C:17-2603:J:Ripple:dis:T:fnOp:N:2211195:S:0

Seventh Circuit: USA v. Napoleon Foster

A conviction for using a firearm in the course of a robbery precludes increasing the underlying sentence for the robbery itself for explosive or weapons threats, even when those threats are unconnected to the firearm used in the robbery.

http://media.ca7.uscourts.gov/cgi-bin/rssExec.pl?Submit=Display&Path=Y2018/D08-31/C:17-3236:J:Scudder:aut:T:fnOp:N:2211361:S:0

Fifth Circuit: Joseph Zadeh, et al v. Mari Robinson, et al

While the medical profession generally is not a closely regulated industry for the purpose of determining the legitimate expectation of privacy of its members, pain management clinics might be a different case.  Grant of qualified immunity upheld, as the scope of legitimate targets of administrative subpoenas was not clearly defined at the time.

Search not pretextual, as it was not conducted entirely to uncover criminality.

Court appropriately prudentially declined to hear application to stay state medical board's investigation, which can be considered a judicial proceeding.

Supervisor who acted according to the usual practices of the department was not deliberately indifferent to the potential harms of subdelegation.

Concur dubitante: @justicewillett -- QI problematic.

http://www.ca5.uscourts.gov/opinions/pub/17/17-50518%20-CV0.pdf

Fifth Circuit: Marcus Mote v. Debra Walthall

Employees' rights of expressive association and freedom of speech in forming association for mutual aid and support is protected under the First Amendment whether or not state law will permit the association to become an exclusive bargaining agent for the employees.  Denial of qualified immunity upheld, as this was clearly established at the time.

http://www.ca5.uscourts.gov/opinions/pub/17/17-40754-CV1.pdf

Third Circuit: Theodore Hayes v. Philip Harvey

Statute providing that a tenant receiving federal assistance may elect to remain in the housing under a different assistance program if the landlord opts out of the first assistance program creates a right to lease renewal absent good cause enforceable against any purchaser of a property currently rented to participants in the first assistance program.

Deference to agency's interpretation according to the power to persuade; remand to determine what constitutes good cause for nonrenewal.

http://www2.ca3.uscourts.gov/opinarch/162692p1.pdf

End of Day:

More:

http://media.ca7.uscourts.gov/cgi-bin/rssExec.pl?Submit=Display&Path=Y2018/D08-30/C:16-3430:J:Wood:dis:T:fnOp:N:2210484:S:0

http://media.ca8.uscourts.gov/opndir/18/08/171382P.pdf

http://media.ca8.uscourts.gov/opndir/18/08/171914P.pdf

http://media.ca8.uscourts.gov/opndir/18/08/172724P.pdf

http://media.ca8.uscourts.gov/opndir/18/08/172726P.pdf

http://cdn.ca9.uscourts.gov/datastore/opinions/2018/08/30/16-71933.pdf

http://cdn.ca9.uscourts.gov/datastore/opinions/2018/08/30/16-35991.pdf

http://cdn.ca9.uscourts.gov/datastore/opinions/2018/08/30/15-73603.pdf

http://media.ca11.uscourts.gov/opinions/pub/files/201710944.pdf

-CB

Seventh Circuit: Milton v. Boughton

Although the evidence from the uncounseled lineup was not properly admissible, petitioner was not prejudiced from the admission, given the other eyewitness identifications.

http://media.ca7.uscourts.gov/cgi-bin/rssExec.pl?Submit=Display&Path=Y2018/D08-30/C:17-1910:J:PerCuriam:aut:T:fnOp:N:2210678:S:0

Seventh Circuit: Anthony Kaminski v. Nancy Berryhill

Panel rehearing order with request for edited opinion by agency head.


http://media.ca7.uscourts.gov/cgi-bin/rssExec.pl?Submit=Display&Path=Y2018/D08-30/C:17-3314:J:PerCuriam:aut:T:orCo:N:2210668:S:0

Sixth Circuit: United States v. Kurt Mallory

Court did not abuse its discretion in finding that a witness was unavailable, since although the medical records were old, they indicated chronic conditions, and while the witness was earlier produced to the courtroom from the local jail, he was home-bound at the time of the trial.

No Confrontation Clause issue where the evidence that emerged after the deposition of the later-unavailable witness might have been presented at trial to attack the witness' credibility.

Although handwriting analysis does not have significant empirical support, it is a field of specialized expertise that might be useful to the finder of fact.  

Error for judge to weigh motion to set aside the verdict as an objective question of sufficiency of the evidence, as the correct question was whether the judge subjectively understood the verdict to be against the weight of the evidence.

http://www.opn.ca6.uscourts.gov/opinions.pdf/18a0195p-06.pdf

Sixth Circuit: League of Women Voters of Mich. v. Ruth Johnson

Elected representatives' interest in preserving relationships with their constituents merited permission to intervene in a redistricting action, as the interest was distinct from the interests represented by the other plaintiffs.  In appellate review of the decision to deny permissive intervention, the equitable factors balanced are those prevailing at the time of the original decision to deny intervention.

http://www.opn.ca6.uscourts.gov/opinions.pdf/18a0194p-06.pdf

Fifth Circuit: USA v. Carlos Fuentes-Canales

Although petitioner's sentence was flawed in that it counted a state statute as its generic federal equivalent, since the special verdict form required that the jury have found that either all the elements of the generic offense or all the elements of another generic offense had been met, the error in sentencing does not merit reversal for reasons of fairness or judicial integrity.

http://www.ca5.uscourts.gov/opinions/pub/15/15-41476-CR0.pdf

Third Circuit: USA v. Jay Goldstein

En banc order.

http://www2.ca3.uscourts.gov/opinarch/154094po.pdf

Third Circuit: USA v. Theodore Clark, III

Traffic stop was in violation of the Fourth Amendment, as the questioning into criminal history continued past the point at which the computerized driver's licence check had been completed.

http://www2.ca3.uscourts.gov/opinarch/172739p.pdf

First Circuit: Narragansett Indian Tribe v. RI Dep't of Transportation

Sovereign immunity bars claim arising from highway construction, as the private right of action in the Act exists only to enforce the Act, not to challenge the program-based decisions of the agency.

Federal court does not have jurisdiction over a breach of contract suit against a state unless the claim states a disputed and substantial federal issue, and prudential factors are favorable.

http://media.ca1.uscourts.gov/pdf.opinions/17-1951P-01A.pdf

First Circuit: Lemelson v. Bloomberg L.P.

News organization's pre-publication fact checking and investigation did not justify a finding of actual malice, as comment was sought from the investigating agency, and the fact that the agency's investigation centered on a company and not the plaintiff didn't make it less likely that the plaintiff was under investigation.

http://media.ca1.uscourts.gov/pdf.opinions/17-1620P-01A.pdf

End of day

More here:

http://www.opn.ca6.uscourts.gov/opinions.pdf/18a0192p-06.pdf

http://www.opn.ca6.uscourts.gov/opinions.pdf/18a0193p-06.pdf'
'
http://media.ca7.uscourts.gov/cgi-bin/rssExec.pl?Submit=Display&Path=Y2018/D08-29/C:17-3196:J:Wood:aut:T:fnOp:N:2210037:S:0

http://media.ca7.uscourts.gov/cgi-bin/rssExec.pl?Submit=Display&Path=Y2018/D08-29/C:17-1399:J:Rovner:aut:T:fnOp:N:2210117:S:0

http://media.ca8.uscourts.gov/opndir/18/08/164372P.pdf

http://media.ca8.uscourts.gov/opndir/18/08/171327P.pdf

http://media.ca8.uscourts.gov/opndir/18/08/171414P.pdf

http://media.ca8.uscourts.gov/opndir/18/08/172612P.pdf

Also 9, 10 & 11th.

-CB

Fifth Circuit: SCF Waxler Marine, L.L.C., et al v. Aris T M/V, et al.

Appellate court does not have jurisdiction over an interlocutory appeal challenging the trial court's holding that contractually, the excess insurers liability under the state's direct recovery statute is limited to the insured vessel.

http://www.ca5.uscourts.gov/opinions/pub/17/17-30805-CV0.pdf