End of Day

8th and above out of scope.  Slew of  cases out of the 8th today. 

Going to try to work back up to full daily coverage over the next week or so -- seems like a good goal to have. 

-CB
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Eighth Circuit: Bruce Munro v. Lucy Activewear, Inc.

Product's name served as a source-identifying device for trademark claim, as the plaintiff is the person who produces things of this name.

Light-based art installation is protected by copyright, not trademark.

No error in denial of leave to amend.

http://media.ca8.uscourts.gov/opndir/18/08/164483P.pdf
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Sixth Circuit: Robert Davis v. Detroit Pub. Sch. Cmty. Dist.

Refusal to place ballot issue is not sufficiently concrete or particularized for standing. Placing tax decisions in the hands of the electorate means that redressibility for tax harms is uncertain.

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Fifth Circuit: Stephanie Odle v. Wal-Mart Stores, Incorporated


Dissent from denial: ln the caselaw, where parties voluntarily dismiss the action, the court does not have sufficient authority over the case to consider whether other intervenors should be added.

Statement in support of denial of en banc: Minor exceptions from exigency.


 http://www.ca5.uscourts.gov/opinions/pub/16/16-10347.CV1.pdf

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Third Circuit: USA v. Chaka Fattah, Sr.

Trial court judge did not abuse discretion in interviewing jurors in the course of deliberations about the conduct of another juror.

No abuse of discretion in dismissal of juror for not deliberating where juror informed courthouse deputy that he intended to hold out "no matter what."

Jury instructions did not comport with Supreme Court holding issued after verdict but before sentencing on the scope of official acts within the bribery statute -- remanded.

Formal proposal for Congress to fund a specific project was a sufficiently official act.

Sufficient evidence for RICO conspiracy convictions.

&c, &c...

http://www2.ca3.uscourts.gov/opinarch/164397p.pdf
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Second Circuit: United States v. Alston

Off-duty police officer who carries a weapon at the direction of the police force can still be charged for possessing a weapon in furtherance of the illegal acts, as weapons can be possessed for multiple reasons.

No error in denial of new trial based on the fact that one of the witnesses mis-stated their employment status.

Post-verdict jailhouse infractions of witness do not give rise to a Brady claim.

No error in denial of minor participant sentencing reduction, as the deft's interference with law enforcement allowed criminal conspiracy to proceed; similar logic for obstruction and breach of trust sentencing enhancements.

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Second Circuit: United States of America ex rel. Wood v. Allergan, Inc.

As the statute bars bringing a claim when another claim is pending (even under seal), amendment of claim subsequent to the end of the first-filed suit does not allow the later-filed suit to survive the statutory bar.

http://www.ca2.uscourts.gov/decisions/isysquery/ef543637-0188-4de4-a0a9-d7b548d25e63/2/doc/17-2191_opn.pdf#xml=http://www.ca2.uscourts.gov/decisions/isysquery/ef543637-0188-4de4-a0a9-d7b548d25e63/2/hilite/
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Second Circuit: Doe v. JPMorgan Chase Bank, N.A.

Where the federal victim recovery statute looks to state law to determine whether funds are within reach of the statute, a state law determination that electronically transferred funds are reachable only by the entity that transferred the funds to the electronic transfer holding means that the funds cannot be reached by the entity that transferred the funds to the transferring entity, as that would be a transfer in violation of regulations, which is prohibited by another law entirely.

 http://www.ca2.uscourts.gov/decisions/isysquery/ef543637-0188-4de4-a0a9-d7b548d25e63/3/doc/17-759_complete_opn.pdf#xml=http://www.ca2.uscourts.gov/decisions/isysquery/ef543637-0188-4de4-a0a9-d7b548d25e63/3/hilite/
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