When an employee who leaves employment where he oversaw processes involving trade secrets oversees a substantially similar process at the second company but denies that any proprietary information was used at the second company, a finder of fact can reasonably determine that the second company did not misappropriate trade secrets.
Testimony at trial established that the trade secret encompassed not just the generic process, but also the specific recipe for it.
Court might have reasonably found that party's decision to, in the end, opt for one state's statute over another was a strategic choice of law decision, and not an attempt to avoid an adverse decision on the merits, which would have mandated an award of fees.
http://www.cafc.uscourts.gov/sites/default/files/opinions-orders/16-1945.Opinion.7-12-2018.pdf
Since 2011. An occasional commonplacing of the U.S. Circuit Courts of Appeal.
Neither an authoritative statement of the law nor legal advice. Quick work.
Ninth Circuit: Local 1500 Pension Fund v. Mayer
Although the statute provides for the invalidation of contracts made in contravention of the statute, it does not create a private right of action, as the statutory language focuses on the regulated party, a single invalidation would invalidate all other contracts, and the law specifically vests discretion to enforce in an agency, either on its own motion or on application.
http://cdn.ca9.uscourts.gov/datastore/opinions/2018/07/12/17-15435.pdf
http://cdn.ca9.uscourts.gov/datastore/opinions/2018/07/12/17-15435.pdf
Eighth Circuit: Robin Kirkland Neal v. Daniel Ficcadenti
Given circuit precedent holding that tackling a fully compliant suspect by the legs was a violation of the Fourth Amendment's prohibition of unreasonable force during arrest, police should have been aware that tackling a fully compliant suspect by the arms would similarly offend; denial of qualified immunity upheld.
http://media.ca8.uscourts.gov/opndir/18/07/172633P.pdf
http://media.ca8.uscourts.gov/opndir/18/07/172633P.pdf
Eighth Circuit: United States v. Jesse James DeMarrias
Within-guidelines imposition of lifetime supervised release is not substantively unreasonable, given the court's finding of characterological and pervasive psychological disorders.
http://media.ca8.uscourts.gov/opndir/18/07/172331P.pdf
http://media.ca8.uscourts.gov/opndir/18/07/172331P.pdf
Eighth Circuit: Thomas J. Litterer v. Rushmore Loan Management
Given answer to question certified, namely: equitable modification under the state's rules of procedure is unavailable where the term is defined by statute and the modification would alter substantive rights, filing of a lis pendens outside the statutory period is insufficient to overwhelm the conclusive presumption of compliance.
http://media.ca8.uscourts.gov/opndir/18/07/163060P.pdf
http://media.ca8.uscourts.gov/opndir/18/07/163060P.pdf
Seventh Circuit: Pension Trust Fund v. Kohl's Corporaton
Although the real estate plans of the corporation should have alerted management that the accounting error would occur, the fact that it occurred several times and that executives sold shares is not enough to state a case under heightened statutory pleading, as the management might have overlooked the consideration, and there was sufficient time between the stock sales and the revised revenue statements.
Although it was error for the court below to dismiss with prejudice, it was not an abuse of discretion sufficient to justify reversal, as, in the interval, the opposing party hasn't made a showing of how the claim might be amended.
http://media.ca7.uscourts.gov/cgi-bin/rssExec.pl?Submit=Display&Path=Y2018/D07-12/C:17-2697:J:Wood:aut:T:fnOp:N:2185294:S:0
Although it was error for the court below to dismiss with prejudice, it was not an abuse of discretion sufficient to justify reversal, as, in the interval, the opposing party hasn't made a showing of how the claim might be amended.
http://media.ca7.uscourts.gov/cgi-bin/rssExec.pl?Submit=Display&Path=Y2018/D07-12/C:17-2697:J:Wood:aut:T:fnOp:N:2185294:S:0
Sixth Circuit: Robert Hayes v. Comm'r of Soc. Sec.
As ledger entries indicate that attorney received a prejudgment notification of the administrative determination of the case, local rules as to the timeliness of application for fees apply, and there is no equitable basis for tolling the limitations period.
http://www.opn.ca6.uscourts.gov/opinions.pdf/18a0137p-06.pdf
http://www.opn.ca6.uscourts.gov/opinions.pdf/18a0137p-06.pdf
Fifth Circuit: Victor Revencu v. Jefferson Sessions, III
A reasonable factfinder might have determined that the alien petitioning to stay in the country was not persecuted in his home country due to his political beliefs, but rather that the police had mistreated him because they were attempting to use him as an informant against the political organization, believing him not to be actually committed to the cause.
A reasonable factfinder might have determined that persecution of a spouse for being Roma indicates likely future persecution of the petitioner himself.
http://www.ca5.uscourts.gov/opinions/pub/16/16-60851-CV0.pdf
A reasonable factfinder might have determined that persecution of a spouse for being Roma indicates likely future persecution of the petitioner himself.
http://www.ca5.uscourts.gov/opinions/pub/16/16-60851-CV0.pdf
Fifth Circuit: USA v. Jorge Robles-Avalos
Border Patrol agent had sufficient articulable grounds for suspicion to stop the vehicle, as it was an unusual vehicle for the road, midnight, a known rendezvous point for migrants, and, in the course of the surveillance, more passengers appeared in the car.
http://www.ca5.uscourts.gov/opinions/pub/17/17-51037-CR0.pdf
http://www.ca5.uscourts.gov/opinions/pub/17/17-51037-CR0.pdf
Third Circuit: Seifullah Abdul-Salaam v. Secretary Pennsylvania Department of Corrections
As there was no indication that pursuing expert mitigation testimony in the penalty phase would cause conflicting narratives or a relitigation of the guilt phase, omitting to investigate the potential mitigation produced ineffective assistance of counsel; state appellate review to the contrary was unreasonable.
Where the state courts explicitly do not reach consideration of the prejudice arising from the ineffective assistance, federal habeas approaches the question de novo.
District court erred in determining that the mitigation would have been cumulative in light of the guilt-phase evidence; as the potential mitigation was qualitatively different, it is likely that at least one juror would have been swayed by a fundamentally different presentation in the penalty phase.
http://www2.ca3.uscourts.gov/opinarch/149001p.pdf
Where the state courts explicitly do not reach consideration of the prejudice arising from the ineffective assistance, federal habeas approaches the question de novo.
District court erred in determining that the mitigation would have been cumulative in light of the guilt-phase evidence; as the potential mitigation was qualitatively different, it is likely that at least one juror would have been swayed by a fundamentally different presentation in the penalty phase.
http://www2.ca3.uscourts.gov/opinarch/149001p.pdf
Second Circuit: United States v. Thompson
Minor trafficking statute is not overbroad, since any material assistance provided to victims by charitable organizations that might fall within the proscriptions of the act do not prohibit the expressive associations protected under the First Amendment, and prosecutions are unlikely for assistance provided by family members, who would, in any even, lack the needed mens rea for culpability.
A mens rea requirement as to the victim's age in one section of the statute does not necessarily imply the same degree of knowledge for conviction under a provision providing increased penalties for a victim of an even lower age.
Venue is proper in the district where the minor was induced and enticed, despite the fact that the film was created elsewhere.
http://www.ca2.uscourts.gov/decisions/isysquery/2b424590-d624-49bf-bc3b-f406f744f01c/1/doc/16-2986_opn.pdf#xml=http://www.ca2.uscourts.gov/decisions/isysquery/2b424590-d624-49bf-bc3b-f406f744f01c/1/hilite/
A mens rea requirement as to the victim's age in one section of the statute does not necessarily imply the same degree of knowledge for conviction under a provision providing increased penalties for a victim of an even lower age.
Venue is proper in the district where the minor was induced and enticed, despite the fact that the film was created elsewhere.
http://www.ca2.uscourts.gov/decisions/isysquery/2b424590-d624-49bf-bc3b-f406f744f01c/1/doc/16-2986_opn.pdf#xml=http://www.ca2.uscourts.gov/decisions/isysquery/2b424590-d624-49bf-bc3b-f406f744f01c/1/hilite/
Second Circuit: Leopard Marine & Trading, Ltd. v. Easy Street Ltd.
As jurisdiction over an in personam action under the Declaratory Judgment Act seeking a declaration of rights in a maritime lien is merely derivative of the jurisdiction over the lien, arrest or presence of the res is a matter of service, not jurisdictional, and jurisdiction can be gained by means of a forum selection clause in a contract for supplies between the operator of the vessel and the claimant on the lien.
As the present quasi in rem suit is an in personam action, abstention for comity in light of a foreign in rem action on the same res is not required.
Although the conduct of the enforcement of the lien is within the present forum's statute of limitations, which is generally held to be the common law rule, equitable considerations permitted the district court to extinguish the lien for laches -- due to the delay, the owner of the ship was unable to enforce a lien against the cargo carried by the operator who had incurred the fuel bill.
Dissent: Maritime liens are stricti juris, and arise from the custody of the res. The interpleader precedent cited by the majority relies on consent to federal jurisdiction, with the lien then found to be inextricably intertwined. The operator's consent to the forum selection provision is distinct from a general consent to federal jurisdiction, and jurisdiction cannot be manufactured by consent of the parties.
http://www.ca2.uscourts.gov/decisions/isysquery/2b424590-d624-49bf-bc3b-f406f744f01c/2/doc/16-1356_complete_pdf.pdf#xml=http://www.ca2.uscourts.gov/decisions/isysquery/2b424590-d624-49bf-bc3b-f406f744f01c/2/hilite/
As the present quasi in rem suit is an in personam action, abstention for comity in light of a foreign in rem action on the same res is not required.
Although the conduct of the enforcement of the lien is within the present forum's statute of limitations, which is generally held to be the common law rule, equitable considerations permitted the district court to extinguish the lien for laches -- due to the delay, the owner of the ship was unable to enforce a lien against the cargo carried by the operator who had incurred the fuel bill.
Dissent: Maritime liens are stricti juris, and arise from the custody of the res. The interpleader precedent cited by the majority relies on consent to federal jurisdiction, with the lien then found to be inextricably intertwined. The operator's consent to the forum selection provision is distinct from a general consent to federal jurisdiction, and jurisdiction cannot be manufactured by consent of the parties.
http://www.ca2.uscourts.gov/decisions/isysquery/2b424590-d624-49bf-bc3b-f406f744f01c/2/doc/16-1356_complete_pdf.pdf#xml=http://www.ca2.uscourts.gov/decisions/isysquery/2b424590-d624-49bf-bc3b-f406f744f01c/2/hilite/
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