Federal Circuit: IMMERSION CORPORATION v. HTC CORPORATION

Erratum



IMMERSION CORPORATION v. HTC CORPORATION [ERRATA]

Federal Circuit: DE SANTIS v. MSPB

Administrative, Employment

Where statute restores a class of appeals according to the law before the class of appeals was revoked, in determining eligibility for the appeal, courts should use the present scheme of employment, as modified by regulations, in combination with the law of the earlier period.  A position that had the right of appeal before the change does not therefore have the right of appeal after the change, as it might have been modified by regulations.


DE SANTIS v. MSPB

Federal Circuit: ETHICON ENDO-SURGERY, INC. v. COVIDIEN LP

Patent, Dissent from denial of en banc


(Reminder: We don't know many things, but we especially don't know Patent.  Entertainment purposes only, as always.)

Using the merits panel to screen patent challenges is contrary to statute, and risks prejudgement.


ETHICON ENDO-SURGERY, INC. v. COVIDIEN LP [ORDER RE EN BANC PETITION]]

Tenth Circuit: Cropper v. CIR

Tax, Administraive

Although an irregularity in the postal forms prevented a presumption of receipt upon mailing, an agency appeal holding that the totality of the evidence indicated mailing was not an abuse of discretion, and since the statute imposes an affirmative duty on the recipient to challenge the mailing, the loss of the presumption of receipt does not prevent the levy.


Cropper v. CIR

Ninth Circuit: SELSO ORONA V. USA

Statute of Limitations, Habeas, AEDPA


The statutory one-year filing deadline for second or successive Habeas applications based on claims made retroactive to cases on collateral review is tolled by filing an application in the court of appeals to proceed with the writ, so long as the application states the claim at issue.


SELSO ORONA V. USA

Ninth Circuit: USA V. JORGE CISNEROS

ACCA residual clause

As the state Burglary statute encompasses structures that are not included in the generic federal definition of burglary, sentencing enhancements under the federal statute cannot be applied.

[cf. S. Ct. U.S. this AM.]


USA V. JORGE CISNEROS

Ninth Circuit: CARLOS BAQUERIZO V. GARDEN GROVE UNIFIED SCH DIST

IDEA

As the procedural violations of the act were caused in part by the programs retained by the plaintiff and do not rise to the level that would deny a free appropriate public education, no reimbursement required under the act.

CARLOS BAQUERIZO V. GARDEN GROVE UNIFIED SCH DIST

Seventh Circuit: Rashaad Imani v. William Pollard

Sixth Amendment, Habeas, AEDPA

In colloquy with a deft who has requested to proceed without counsel, the duty of inquiry rests with the judge, and cannot be converted to an affirmative burden on the deft to prove capacity.

Where an articulate deft is without illness or impairment,deft is likely outside of the narrow range of cases precluded from self-representation.

Denial of request made weeks before trial on scheduling grounds is constitutional error.


Rashaad Imani v. William Pollard

Seventh Circuit: Carlos G. Rocha v. J. Gordon Rudd, Jr.

FRCP, Legal malpractice, Fraud


Where a claim is still viable and the plaintiff is still capable of pursuing it at the termination of the attorney/client relationship, nomalpractice.

No error in denial of leave to amend fraud pleading for particularity where it appears that the totality of the claim would not suffice under Iqbal.

Dismissal on merits appropriate for not stating claim.


Carlos G. Rocha v. J. Gordon Rudd, Jr.

Seventh Circuit: Nancy Thomas v. Carolyn Colvin

Administrative, SSA

Although the opinon of a specialist is preferred, a diagnosis in a specialist area is not per se inadmissible.

Uncritical acceptance of reviewing physicians' opinions on overall impairment where there is evidence to the contrary from the initial diagnosis does not suffice in review for substantial evidence.

Nancy Thomas v. Carolyn Colvin

Seventh Circuit: Women's Health Link, Incorporated v. Fort Wayne Public Transportation

Free Speech, Posner.

Where the government creates a facility for communicative activity, it is inappropriate to look beyond the four corners of the speech itself in determining whether the speech can be barred.

Bus ads -- with image and Hamlet quote.


Women's Health Link, Incorporated v.   Fort Wayne Public Transportation

Fifth Circuit: Trevor Charles, et al v. Thomas Atkinson, et al

FRCP

Where a named deft does not make an appearance in a civil suit, an unreturned order of service -- absent finding of service or nonservice by the court -- bars direct appellate review under the statute, given the possibility of service.


Trevor Charles, et al v. Thomas Atkinson, et al

Fifth Circuit: USA v. Kevin Brown

Sentencing

Although the above-guidelines imposition of supervised release was incorrect and substantially violated the deft's rights, the deft's history and acceptance of the sentence at trial make the sentence incorrect but fair.


USA v. Kevin Brown

Second Circuit: Terry v. Inc. Vill. of Patchogue

FRCP

Pro se litigants must at least set forth identifiable arguments in pleadings.

Dismissal in state court for not stating a claim due to prolix and disjointed filing imposes a res judicata effect on the claim in a subsequent federal action.

No error in refusing leave to amend where the amendments were facially conclusory.

Terry v. Inc. Vill. of Patchogue