Federal Circuit: HUTCHISON QUALITY FURNITURE v. US

Administrative

Although the suit challenged an order of the Commerce Department, the true nature of the claim was a protest of an action by Customs, and the claim therefore had to be timely raised under the statute governing the latter.


HUTCHISON QUALITY FURNITURE v. US

Ninth Circuit: DETRICE GARMON V. COUNTY OF LOS ANGELES

S1983, Fourth Amendment, Legal Ethics


Absolute prosecutorial immunity is available against claims by third-party witnesses.  Presumptively available for actions relating to preparation for trial.

Limited immunity, at most, for misstatements in statements supporting subpoena application.

Subordinates/supervisors protected to same degree.

Error in denial of leave to amend pro se S1983 municipal liability claim.

State immunity statute refers only to malicious prosecution.


DETRICE GARMON V. COUNTY OF LOS ANGELES

Ninth Circuit: ROSEMARY GARITY V. APWU NATIONAL LABOR ORG.

Employment, Labor, Res Judicata

An allegation of discrimination against a union can state a claim without alleging  breach of the duty of fair representation.


ROSEMARY GARITY V. APWU NATIONAL LABOR ORG.

Ninth Circuit: USA V. DAVID NOSAL

Computers, White Collar

Federal statute barring unauthorized access to computers refers to the authorization of the computer's owner, not the process of technical authorization.  Affirmative revovcation of access to the system precluded use of the system by any other means.

Trade secrets can be composed of publicly available information.

Error to award the corporate victim attorneys' fees, given brief actual duration of misconduct.

Dissent - It's a hacking law.


USA V. DAVID NOSAL

Eigth Circuit: United States v. The-Nimrod Sterling

Statutory Interpretation

Federal statute prohibiting impersonation of a diplomat is violated by an assertion to be a diplomatic representative of a fictional country.

United States  v.  The-Nimrod Sterling

Eighth Circuit: Symphony Diagnostic Services v. Kimberly Greenbaum

Contracts, Employment

Employee confidentiality agreements and agreements not to compete can be assigned to a successor without the consent of the employee unless the change materially changes the rights of the employee.


Symphony Diagnostic Services  v.  Kimberly Greenbaum

Eighth Circuit: United States v. Austin DeCoster

Cruel & Unusual, Due Process, Sentencing

Corporate liability is not vicarious liability, since there is direct control of the instrumentalities of the crime.  Custodial sentence therefore does not offend Due Process.

No clear error in findings of fact relating to sentencing,

Past offenses of the corporate entity appropriately considered during sentencing, given defts' control of the company.

Concur - Defts' negligence in running the business allows custodial sentence.

Dissent - No, it doesn't.

United States  v.  Austin DeCoster

Eighth Circuit: United States v. Roger Clayton

Sentencing

No procedural error in minimal consideration of deft's background, within-guidelines sentence not substantively unreasonable given the conduct during the crime.

United States  v.  Roger Clayton

Seventh Circuit: Jana Caudill v. Keller Williams Realty,

Contracts, Posner

Liquidated damages for violation of confidentiality agreement related to court settlement denied where the sum was not an approximation of the actual loss sustained.

Injunction denied.


Jana Caudill v.   Keller Williams Realty,

Sixth Circuit: Tri County Wholesale v. Labatt USA Operating Co.

Statutory Interpretation, Takings

A transfer of ownership involving the corporate parent creates a new manufacturing entity which is then able under the state licensing scheme to terminate existing franchise agreements.

No Takings Clause claim, as the licensing scheme is inherently anticompetitive.

Award for economic harm for loss of brand included costs for seeking another supplier -- recovery on both would be double recovery.

Misc. factual findings affirmed.


Tri County Wholesale v. Labatt USA Operating Co.

Fifth Circuit: USA v. Jose Gomez-Valle

Sentencing

Sufficient factual findings in record to deny mitigation for being a minor participant.

USA v. Jose Gomez-Valle

Fourth Circuit: US v. Gaston Saunders

Administrative, Federalism, Vagueness

Law banning fishing except that regulated by Congressionally-instituted multistate compacts does not extend similar exceptions for fishing under plans drafted by multistate commissions not referenced by the Act.

Law is not vague for complexity.


US v. Gaston Saunders

Second Circuit: Laroe Estates, Inc. v. Town of Chester

FRCP

So long as the relief sought and theory of the case are identical, a propsective intervenor of right in a pending action need not demonstrate separate Article III standing.  It is sufficient that they have a direct, substantial, and legally protectable interest relating to the existing case/controversy.

Circuit split flagged.

 Laroe Estates, Inc. v. Town of Chester