Federal Circuit: BASCOM GLOBAL INTERNET v. AT&T MOBILITY LLC

Patent


(Which, we say again, we really don't know all that well.  Rely on nothing on this website.)

Although each element of the process may be individually untenable, an ordered combination of claim limitations, considered holistically, might state a claim to be considered a single practical, particular application of the idea.

C in J: Bifurcation of eligibility/patentability is problematic.

 BASCOM GLOBAL INTERNET v. AT&T MOBILITY LLC

Federal Circuit: OAKVILLE HILLS CELLAR, INC v. GEORGALLIS HOLDINGS, LLC

Trademark


Similarly spelled unfamiliar marks are sufficiently different.

OAKVILLE HILLS CELLAR, INC v. GEORGALLIS HOLDINGS, LLC

Eighth Circuit: United States v. Adrian Lomas

Crim, FRE, Sentencing

Admission of evidence that deft threw away a gun before the robbery not an abuse of discretion, as it established a knowledge of firearms.

Police evidence that they were in the area because of shots fired at a school was insufficiently prejudicial to justify a new trial.

Other hearsay, vouching challenges.

Sentencing.


United States  v.  Adrian Lomas

Eighth Circuit: Madonna Massey-Diez v. U of IA Community Medical etc

FMLA

Plaintiff's stated willingness to find ways to work while incapacitated meant that repeated tasks requested by employer during leave time were not contrary to the statute.

No discrimination in nonrenewal of contract, since comparator was in a rural area with different methodologies, and there was insufficient direct proof of discrimination.


Madonna Massey-Diez  v.  U of IA Community Medical etc

Eighth Circuit: Paul Ngugi v. Loretta E. Lynch

Immigration

Denial of withholding of removal under CAT upheld, as resistence to an armed gang is not a recognizabel social group; apparently contrary precedent since decision merely meant that the group didn't have to be oculary visible.


Paul Ngugi  v.  Loretta E. Lynch

Eighth Circuit: The Finley Hospital v. NLRB

Labor

Provision in CBA requiring a 3% raise on the anniversary of employment was not a bargained-for term that becomes part of the status quo after the end of the agreement; since each worker only received one raise, it could be considered a one-time benefit.

Dissent: One-time nature is an affirmative defense that should be considered when deciding if the union waived continuance of the term, and here, the union didn't waive the continuance of the term.

The Finley Hospital  v.  NLRB

Eighth Circuit: United States v. Alexander Faulkner

Fourth Amendment, ACCA, Confrontation Clause

Affidavit statement that tipster was reliable sufficed for credibility.

 Placement of GPS on car in county outside the scope of the search warrant was a violation of state law, but not one that rises to the level of suppression.

Reputation of deft as drug dealer sufficed for warrant for home.

No confrontation clause in inability to question tipster, as there was no contact with case after the affidavit.

Possession with intent and conspiracy with intent correctly counted as two predicates under ACCA.

United States  v.  Alexander Faulkner

Eighth Circuit: United States v. Garron Gonzalez

FRE

Where the deft agrees to the admission of a recording at trial with the proviso that it be heard in full if requested by the jury during deliberations, no abuse of discretion in allowing the jury to hear it then, even if the tape had not been played in trial.

Substantial evidence.

United States  v.  Garron Gonzalez

Eigth Circuit: United States v. Christopher Strong, Sr.

FRE

Preliminary hearings sufficed for procedural reasonable balancing in weighing evidence of prior bad acts under 403/413.  Severing counts unrelated to 413 was a sufficient remedy.

Exclusion of expert testimony to refute claim that deft pushed victim into path of car was proper, as the incident was primarily proffered to establish that she had been hit by the car.

Where two crimes are specifically barred from being simultaneously charged as they are similar enough to be considered "double counting," an enhancement based on one can be applied with relation to a third crime.


United States  v.  Christopher Strong, Sr.

Eighth Circuit: United States v. Yoirlan Rojas

FRE

Agent's testimony establishing elements of crime was harmless error, given that elements were established, and that the intent element could be inferred from the patterns of activity. 

Fraudulent credit cards suppressed prior to trial were properly introduced to rebut deft's contention that he was unfamiliar with the distinction between credit cards and gift cards.

United States  v.  Yoirlan Rojas

Seventh Circuit: Venita Miller v. GreenLeaf Orthopedic Associate

FRE

No abuse of discretion in denial of impeachment on cross & rebuttal  when impeachment has been accomplished in prior appearance on the stand.

No abuse of discretion in exclusion of diary as present sense impression, as there's no indication that it was a present sense impression.

No abuse of discretion in limited admission to rebut fabrication, given trial judge's understanding of the theories of the case.

Venita Miller v.   GreenLeaf Orthopedic Associate

Seventh Circuit: Nationwide Advantage Mortgage v. GSF Mortgage Corporation

Contracts, Posner

Where one party to a contract initiates a relationship with a stranger to the contract  based on the contractual relationship between to the two parties and unknowingly incurs costs for the counter-party in doing so, the counterparty does not have a claim for unjust enrichment.


Nationwide Advantage Mortgage v. GSF Mortgage Corporation

Seventh Circuit: Marcos Gray v. Marcus Hardy

Prisons

Although individual claims of infestation are insufficient to present a genuine issue of fact, the claim must be assessed holistically.

Harms of infestation present an issue for the finder of fact.  (1984 quote.)

Knowledge of conditions can be imputed to incoming warden (caption not changed).


Marcos Gray v.   Marcus Hardy

Seventh Circuit: Board of Trustees of the Autom v. Full Circle Group, Inc.

Posner, Successor liability

Where a sophisticated buyer acquires a company and there is a genuine issue of continuity of business, the hypothetical nature of a funded pension liability exit payment at the time of acquisition is not sufficient for summary judgment for lack of liability.

Alter ego liability requires fraud.  Probably.


Board of Trustees of the Autom v.   Full Circle Group, Inc.

Seventh Circuit: John Otrompke v. Bradley Skolnik

Posner, Free Speech, Standing


Candidate for admission to the state Bar has no standing to preemptively challenge a an allegedly unconstitutional provision of the rules, since the Bar might decide not to unconstitutionally enforce it.


John Otrompke v.   Bradley Skolnik

Seventh Circuit: Jaded Martinez v. Peter Cahue

Hague Act

Where a parent potentially has rights under state law, but the former spouse's removal of the child to a foreign country was lawful, the emigrating parent may invoke the foreign statute's mandate that the child be returned there after temporarily returning to the state.

Jaded Martinez v.   Peter Cahue

Sixth Circuit: USA v. Ricky Brown

Fourth Amendment

Canine alert on a car and a general reputation of the suspect are insufficient basis for a warrant for the home.

Where the affidavit advances no relevant facts with respect to the residence, the good faith exception is precluded.
 

USA v. Ricky Brown

Sixth Circuit: USA v. Ralph Dennis

ERISA

Health care providers have no direct standing under the Act.

Assignment of the right to payment is sufficient to guarantee derivative standing under the Act.

Where a provider and an insurer have a post-reimbursement recoupment agreement and reversal of payment is not subsequently passed back to the customer, a provider's claim that the insurer has recouped covered costs doesn't state a claim under the Act, since the insured customer is not affected by the question.

 Circuit split hinted at.

USA v. Ralph Dennis

Third Circuit: USA v. Ralph Dennis

Entrapment

Although the government's actions considered individually would not justify the entrapment instruction, where the investigation goes beyond providing the simple menas for committing the crime, their actions should be considered cumulatively.

Past narcotics convictions can establish separate predisposition for those counts.

 OUtrageous prosecution requires conduct substantially beyond entrapment.


USA v. Ralph Dennis

Second Circuit: MPC Franchise, LLC v. Tarntino

Trademarks

The requisite level for scienter under the Lanham Act for fraudulent patent applications is actual knowledge of a competitor's use of the mark.

MPC Franchise, LLC v. Tarntino