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Third Circuit Declines to Weigh in on Split Re Whether Adjustment under Guideline § 3E1.1(b) Is Mandatory under Certain Circumstances 10 Jan 2013 | 08:40 pm
Per U.S. v. Castro, --- F.3d ----, 2013 WL 69214 (3d Cir. 2013): Castro also contends that his 60–month sentence under Count Nine is procedurally unreasonable because the District Court erred in refu...
SDNY Notes Split Re Conflict between Federal Reserve Act and State Anti-Discrimination Law 10 Jan 2013 | 08:39 pm
Per Goonan v. Federal Reserve Bank of New York, --- F.Supp.2d ----, 2013 WL 69196 (S.D.N.Y. Jan. 7, 2013: The proper interpretation of the FRA's dismiss at pleasure provision is undeniably a difficul...
Sixth Circuit on Split Re Need for Automatic Reversal after Deprivation of Counsel at Competency Hearing 2 Jan 2013 | 10:37 pm
Per U.S. v. Ross, --- F.3d ----, 2012 WL 6734087 (C.A.6 2012): The issue of a remedy for deprivation of counsel at a competency hearing is a question of first impression in this Circuit. However, “[i...
First Circuit Weighs In on Circuit Split re Jurisdiction over Defense Base Act Claims 27 Nov 2012 | 07:25 pm
From BNA's U.S. Law Week, 81 U.S.L.W. 739 (Nov. 27, 2012): The circuit courts have jurisdiction to take the first crack at judicial review of claims under the Defense Base Act, the U.S. Court of Appe...
Fort Lee soldier’s custody case gets SCOTUS hearing 4 Sep 2012 | 08:33 pm
From the Virginia Law Weekly Blog: A soldier from Fort Lee will get a U.S. Supreme Court hearing in his custody dispute with his ex-wife, who moved with their five-year-old daughter to her native Sco...
SCOTUS Resolves Split Re Interpretation of IIRIRA 18 Apr 2012 | 01:58 am
Here is the West synopsis of Vartelas v. Holder 132 S.Ct. 1479 (March 28, 2012), which resolved a circuit split regarding the interpretation and application of the Illegal Immigration Reform and Immig...
D. Colo. Notes Split Re Whether FRCP 9(b) Applies to Negligent Misrepresentation Claims 13 Mar 2012 | 09:18 pm
Per Denver Health and Hosp. Authority v. Beverage Distributors Co., LLC --- F.Supp.2d ----, 2012 WL 400320 (D.Colo. Feb. 8, 2012): Beverage contends that Rule 9(b), not Rule 8(a), applies to the negl...
First Circuit Notes Split Re Excludability of Plea Negotiations Time Period under Speedy Trial Act 4 Jan 2012 | 04:59 am
Per U.S. v. Huete-Sandoval, --- F.3d ----, 2011 WL 6823186 (1st Cir. Dec. 29, 2011): [W]e conclude that the sixteen days between July 22 and August 7, 2009, were not excludable pursuant to the STA an...
Fifth Circuit Notes Split Re Propriety of Internet Restrictions During Probation for Sex Crime Convicts 15 Dec 2011 | 06:12 am
Per U.S. v. Miller, --- F.3d ----, 2011 WL 6160220 (5th Cir. Dec. 13, 2011): [W]e acknowledge that there is some tension among various courts of appeals' opinions regarding the reasonableness of rest...
Judge Moore (Fed. Cir.) Notes Need to Clarify Claim Construction Principles 28 Nov 2011 | 05:28 am
Check out this dissent from a denial of a petition for rehearing en banc in Retractable Technologies, Inc. v. Becton, Dickinson and Co. 659 F.3d 1369(Fed. Cir. Oct. 31, 2011), in which Judge Moore str...
