Odds & Ends

United States v. Daoud | 14-1284
United States v. Newman | 13-3467
Eubanks, et al. v. Pella Corp., et al. | 13-2091;
-2133; -2136; -2162; -2202

July 2014

The Court also issued a series of decisions that while not generally applicable to a wide range of cases, may be of interest to you.

In United States v. Daoud, the Court remanded a FISA (Foreign Intelligence Surveillance Act) matter to the district court finding that the district court was required to determine whether disclosure to defense counsel was necessary. The district court had decided that while she could conduct such an assessment, defense counsel (who had the necessary security clearance) was in a better position than the district court to decide what was necessary to pursue various defense theories, and providing defense counsel with the opportunity better protected the defendant’s Constitutional rights.

United States v. Newman provides an excellent primer on Pinkerton liability and foreshadows a change in circuit law that would expand the government’s ability to impose criminal culpability on defendants based on the conduct of co-conspirators.

In Eubanks, et. al. v. Pella Corp, et. al, Judge Posner dissects and ultimately rejects a class action settlement. If you do work in the area of class action in federal court, this is a must. For the rest of us, if you enjoy consuming Judge Posner’s prose, this opinion would be a great summer read.