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

Fifth Anniversary

On the evening of July 5, 2011, from the Starbucks in Worldwide Plaza in midtown, the predecessor site to this one posted its first daily rundown:

http://manhattanbarrister.blogspot.com/2011_07_05_archive.html

It's been an off-and-on endeavor, and at times, it was a bit short-form, but it's proved to be a very interesting hobby over the years.  Sometime in 2013, the site passed 2,500 opinion summaries, and there have probably been another thousand or so since.  All freely linked, no ads, and most summaries same-day.  No marketing, but eventually the long tail of organic search returns resulted in a decent audience.

Scrambling from Starbucks to Starbucks to post the last few decisions of the night.... Cadging a library terminal when the equipment gave out...  Interesting times.  Not really a labor of love.  More like a labor of respect.  And excellent batting practice.

Onward.

-CB

Federal Circuit: Amgen Inc. v. Apotex Inc.

Patent, Injunctions

Statutory injunction for biosimilar product marketing conflict upheld.


Amgen Inc. v. Apotex Inc.

DC Circuit: Competitive Enterprise Institute v. Office of Science and Technology Policy

FOIA

Where the documents have not been ceded to the individual, documents on external, non-government websites are within the scope of FOIA.

Concur: Presumption of government control over agency records.

Competitive Enterprise Institute v. Office of Science and Technology Policy

DC Circuit: The Tennis Channel, Inc. v. FCC

Administrative

Agency commission holding that ALJ finding was not supported by substantial evidence and declining to remand for development of the record should be understood to reflect a plenary assessment of the record and a decision on the merits to the contrary where the decision not to reopen is within the agency's discretion.


The Tennis Channel, Inc. v. FCC

DC Circuit: Public Employees v. Abigail Hopper

Environment, Administrative

Agency took an insufficient hard look in preparation of environmental impact statement, given geologist's testimony.

Deference to Coast Guard on the scope of navigation safety terms statute requires to be included in the contract.

Agency's refusal to consider economic impact statement offered by environmental interest group was arbitrary/capricious.


Public Employees v. Abigail Hopper

DC Circuit: Rosebud Mining Company v. MSHA

Administrative

Given mining safety law's requirement that safety measures be redundant, agency adjudication's requirement of multiple safety factors was not arbitrary/capricious and was supported by substantial evidence.

Rosebud Mining Company v. MSHA

Eighth Circuit: United States v. Tonney Valure

Sentencing

No abuse of discretion in court's order that within-guidelines sentences for simultaneous violation of multiple supervised releases be served consecutively.

United States  v.  Tonney Valure

Eigth Circuit: United States of America v. U.S. Bank National Association

Property

Under state law, a substantial delay in recordation of a successor deed can preclude a finding that a lien interest perfected against the earlier deed attaches with no loss of priority to the second instrument.

Dissent - state would apply equitable principles.


United States of America  v.  U.S. Bank National Association

Eighth Circuit: James Coterel v. Dorel Juvenile Group, Inc.

FRCP

In products-liability action, general verdict form prevents plaintiffs from establishing that improperly admitted evidence was dispositive.


James Coterel  v.  Dorel Juvenile Group, Inc.

Eighth Circuit: United States v. Torris Boyd

Sentencing

No error in denial of crack/cocaine resentencing because of rules infractions and the nature of the initial offenses.

United States  v.  Torris Boyd

Eighth Circuit: Stuart Day v. Celadon Trucking Services, Inc

Employment, Class Actions

Sale of business under an asset pruchase agreement does not bar a finding that the business is a going concern for purposes of the WARN Act.

Sale created a presumption of continued employment.

Movant on motion to de-certify class carried burden of establishing good reason.

Predominance presumptive when the penalty is statutory.

Burden-shifting in damages phase permissible, given purposes of the Act.


Stuart Day  v.  Celadon Trucking Services, Inc

Eighth Circuit: United States v. Warnell Reid

Sentencing

No error in allowing government to add evidence to the record on remand, so long as it was available at the initial sentencing.

No error in court's, for purposes of sentencing, accepting PSR determination that rifle could hold a large magazine, so long as the determination doesn't establish an element of the offense itself.

Sentence received while in prison counted for a freestanding sentence for purposes of subsequent sentence.

Sufficient evidence for enhancements, substantively reasonable.




United States  v.  Warnell Reid