Please enjoy the latest issue short circuita weekly feature written by many people at the Institute for Justice.
New features of bound by an oath Podcast: We return to a lost world, a pre-zoning world. Specifically, three historic property rights cases involving an attempt to wipe San Francisco's Chinatown off the map.
- among them, dc circuit Upholds the FEC's stalled dismissal of a complaint filed by End Citizens United PAC (a variety of PACs, as you might expect from its name). Opponent: This respect for prosecutorial discretion has no meaning unless there is a majority of committee members.
- Wedding dress designer Hayley Page Gutman is in a long-running contractual dispute with her former employer, JLM Couture. She used her personal email and her mobile phone number to lock them out of her social and media accounts that she had set up of her own volition. District Court: Since the issue of social media account ownership is new, here's her six-factor test to figure it out (using JLM's W). Second circuit: There's no need to reinvent the wheel. A property is a property, whether it's Fox or an Instagram profile. Remand to apply traditional principles of property law.
- in doctor zhivago, Alexander Gromeko, learning that his home was taken „in the name of the people“ exclaimed: „Good, I am one of the people too!“ Before his, uh, his friends stop the invasion. third circuit Young people between the ages of 18 and 20 can shout the same thing, at least when it comes to the right to keep and bear arms.
- Police intercepted an American citizen and an immigrant from Sierra Leone and discovered $71,613 in cash. Police: That's great, I'll take it. Driver: Actually, this is my lifetime savings from my cash-only car sales business. Police: Sounds likely, please tell Customs and Border Protection. He does it professionally. CBP: Not likely. He then obtained pro bono representation from Kirkland & Ellis and filed a lawsuit. . . All cash will be returned within 2 months (it has been more than 2 years since it was received). However, can I claim compensation for damages after that? third circuit: The process is a penalty. The same goes for sovereign immunity.
- Some wells in Brazoria County, Texas, are subject to lease agreements that require gas production companies to pay royalties to the trust from gas produced from the property and sold or used off-site; Gas is available free of charge for operations within leased premises. But what happens to the gas used in the off-lease processing services required to make it available for sale? Fifth Circuit: No matter what we say, Ellie My guess is that „fortune telling is stronger than insight.'' SCOTX will tell you.
- The man was sentenced to 96 months in prison for illegally possessing a firearm, significantly exceeding the guidelines for his situation of 57 to 71 months. There were no casualties, two witnesses testified how the man's presence worsened the situation in the neighborhood, and the court also noted the arrest, which had not resulted in a conviction. Fifth Circuit:positive. District courts may allow all types of testimony relevant to sentencing, including testimony from non-victim witnesses and details of past arrests.
- Texas state troopers are attempting to stop a driver who failed to turn left at a stop sign. The driver continued toward his home without stopping. A complaint filed by his estate says he was shot and killed even though he tried to comply with police instructions and posed no threat to police. Fifth Circuit: But body camera footage shows that he actually jumped out of the car and pointed the gun at both officers. „Whether applying the 'reasonable police officer at the scene' standard or the mathematics doctoral dissertation supervisor standard, the police officer acted reasonably.“
- „never seen Evil Dead II still“ query When John Cusack searches Jack Black for the meaning of his last words. Similarly, Fifth Circuit This means when considering whether the Supreme Court has tacitly set aside a judgment. Humphrey's Executioner (1935), a case celebrating the „cause'' employment protection of appointees to independent agencies. The court's conclusion is „at least not yet.“
- Texas law requires bookstores and other vendors selling to public school libraries to rate their materials for „sexually explicit“ and „sexually-related“ content. Vendor files suit. Texas: This is just a normal nutrition label. Fifth Circuit: Nutrition facts are fact-based and uncontroversial. This whole business is neither of those things. The preliminary injunction was affirmed.
- The city of Mineral Wells, Texas, is offering $150,000 in incentives to munitions manufacturers to set up factories there. But then boom goes dynamite! The City rescinds the „gift“ on the grounds that it violates the Texas Constitution. Manufacturer: I can't stand this aggression! Fifth Circuit: This is actually a case where the Constitution prohibits certain corporate benefits and state courts are actually enforcing it. Waterloo of the deal. Opponent: Why doesn't the „public purpose“ nuclear option work here as it does elsewhere?
- Southwest experienced a „major computer outage“ that caused three days of disruption, affected 475,839 customers with cancellations and significant delays, and caused an estimated loss of $77 million. Southwest: Hey, don't modern „cyber risk“ policies cover this? In fact, some insurance companies pay out, but Southwest won't sue the excess insurance company. . District Court: Well, this is all about recovering points and miles. Summary judgment against insurance company. Fifth Circuit: It's a little more complicated. You will now be free to move on the remand case.
- An Iowa man who goes by the nickname „Pickle“ has been arrested on suspicion of arson. Sentencing guidelines suggest a range of 60 to 63 months in prison, but the district court sentenced him to 84 months. But federal officials think even that is too good to be true. 8th circuit:It's kosher.
- Police K9 Dutch was playing fetch with his handler in the backyard when a customer came outside. Dutch attacks the guest before the handler can secure him. She later filed suit alleging excessive force in violation of the Fourth Amendment. 8th circuit: Dutch was off duty, but no one ordered him to bite. „This is really a negligence case“ that belongs in state court.
- In 1851, Congress enacted the Shipowners' Liability Limitation Act, which limited a shipowner's liability for accidents occurring without his or her knowledge to „the value of the vessel and cargo pending“ in order to „promote the development of American merchant shipping.“ did. 9th Circuit: This also applies to jet skis. The federal court's power to block state court proceedings after a jet ski owner has taken advantage of statutes of limitations is not new and even challenged in this appeal, but it is surprising. Yes, it's almost surprising. That's the only part the summarists understood.
- Two maritime incidents in one week? It's a shame of wealth. It's also bad news for the men who were found with more than 1,000 kilograms of cocaine in a speedboat off the coast of Ecuador.every 9th CircuitIn enacting the Maritime Narcotics Control Act, Congress did not deviate from its constitutional authority to „define and punish felonies committed on the high seas“ or from international law, but the law states that the ship is stateless. and was therefore subject to U.S. regulation. jurisdiction. (and Flashback This corresponds to the same „stateless bins of cocaine“ mentioned in this newsletter three years ago. )
- In the aftermath of George Floyd's murder, protesters blocked a highway in Mobile, Alabama, and police deployed tear gas. During the chaos, one of the protesters smashed the window of a police car with a baseball bat. She was convicted in federal court of „obstructing law enforcement during an insurrection.“ But does this law have authority within Congress's Commerce Clause? 11th Circuit: Yeah, this is actually pretty close. But highways carry a lot of commerce, right?
- big news dc circuit The case will not be retried (due to the opposition of the four judges) decision He argued that the order to execute the warrant seeking information from the account @realDonaldTrump was constitutional and appropriate.
- In even bigger news, the 4th circuit intention Full coverage of three Second Amendment cases; Only Some of these people gave their panel opinions at this briefing.
- In even bigger news, 9th Circuit intention rethink A decision (based on precedent) that the denial of a claim brought under California's anti-SLAPP statute is appealable on an interlocutory basis.
This was a great week for property rights and IJ. Tuesday, January 16, Senior Prosecutor Bob McNamara argued in the Supreme Court Representing Richie De Villiers, a fourth-generation farmer whose Texas farm was flooded. Our position is simple. If the state takes your property and doesn't pay you, you should be able to sue. Lawyers for the state of Texas and the Biden administration disagreed. We are cautiously optimistic and look forward to a decision by June.