HOT DOCS

REAL PROPERTY – Interface Kanner LLC v. JPMorgan Chase Bank

PETITION FOR CERT. – Washington Mutual made a deal to build a bank building. When WaMu failed, the FDIC took over its assets, then sold them to JPMorgan. The FDIC and then JPMorgan argued that under FIRREA, they could reject the lease for the building because it was a “bank premise.” The Eleventh Circuit agreed, but petitioners argue that the decision conflicts with O’Melveny & Myers v. FDIC. (U.S.)

REAL PROPERTY - Caciopoli v. Lebowitz

OPINION - Defendant mistakenly removed trees that were on plaintiff’s property, reducing privacy and value of home. Damages of $150,000. per common law were not limited by Connecticut general statutes § 52–560. (Conn.)

HABEAS CORPUS - Portillo v. Bharara

SUMMARY ORDER - Even though habeas corpus petitioner was detained in Guatamala at the request of U.S. authorities, who wished to extradite him, he was not in U.S. custody and his habeas petition was properly dismissed. (2d Cir.)

ANIMALS - Sloan v. Sloan

COMPLAINT - Defendant asked plaintiff to assist in trimming of defendant’s donkey’s hooves. Complaint alleges that, without provocation, the donkey suddenly attacked plaintiff, biting and injuring his finger. (Ill.Cir.Ct.)

CRIMINAL LAW – Salinas v. Tex.

OPINION – Salinas answered police officers’ questions about a murder, but fell silent when asked if ballistics would show his gun to be the murder weapon. Prosecutors used his silence on this question to convict him. Salinas argued this violated the Fifth Amendment, but the Supreme Court, 5-4, held that it did not. DISSENT: No ritualistic action need be taken to invoke the Fifth Amendment privilege. (U.S.)

COURT WIRE: JUST FILED