Feinberg v Commissioner of Internal Revenue

Feinberg petitioned for a writ of mandamus ordering the tax court not to compel discovery of Feinberg’s company’s marijuana distribution activities. The panel denied the petition. It held that recent memoranda form United States Attorneys generals directing prosecutors to not enforce marijuana laws against entities legally distributing it under state law does not overcome the fact that marijuana distribution violates federal law and 5th Amendment ban on self-incrimination applies. Mandamus is unavailable, however, as circuit precedent requires any alleged violation of the ban in a civil suit be raised on appeal and there are no grounds to distinguish that precedent here. The noted that a motion to suppress is available in a future criminal case should Feinberg comply with the order.

Soseeah v Sentry insurance

Sentry appealed the class certification order entered by the district court. The panel vacated and remanded. It held that there was no common injury as Sentry owed no duty under the unfair business practice act or the applicable insurance contract and bad faith tort claims require a valid claim against Sentry under the insurance policy which is not the case for most if not all of the purported class. The case was remanded to reevaluate proposed subclasses in light of this opinion.