Patents, (FRCP)
Given longstanding agency practice, where the filing of a continuation application and the patenting of the device occur on the same day, the former is construed to precede the latter.
Immersion Corporation v. HTC Corporation
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.
DC Circuit: United States v. Philip Morris USA Inc.
FCA
Relator's FCA action barred due to prior disclosure of the general practice.
Court-ordered disclosures are sufficient to trigger the bar.
Ancillary contractual violations would have been discovered after the principal one was revealed.
Competitor's knowledge of practices was secondhand, as he had no affiliation with the deft.
United States v. Philip Morris USA Inc.
DC Circuit: Rene Lopez v. Council on American-Islamic
Agency, Tort
Given close interrelation between national advocacy organization and local chapter, genuine issue of material fact exists as to whether an actual agency relationship existed with respect to unlicensed legal practice.
Rene Lopez v. Council on American-Islamic
DC Circuit: Verizon New England Inc. v. NLRB
Labor law
As the arbitrator's order deprived the union of a right that was waiveable under the Act, and there was no palpable error, the Board should have upheld the arbitration ruling.
Verizon New England Inc. v. NLRB
As the arbitrator's order deprived the union of a right that was waiveable under the Act, and there was no palpable error, the Board should have upheld the arbitration ruling.
Verizon New England Inc. v. NLRB
DC Circuit: NLRB v. Southwest Regional Council
Labor Law
Board did not distinguish precedent to the contrary when holding that presence of management in the room during the signing of representation cards was an unfair labor practice.
NLRB v. Southwest Regional Council
Tenth Circuit: Mayfield v. Bethards
Animal Law, Fourth Amendment
Warrantless killing of pet dog was a seizure of property under the Fourth Amendment, qualified immunity denied.
Mayfield v. Bethards
Tenth Circuit: Pikk v. Pedersen
Corporations, Board Law
To state a claim, suit relying on futility exception must plead facts that establish that directors faced a substantial risk of liability under state statute.
Intentionality requirement implies knowledge of wrongfulness.
Lack of independence not proven
Pikk v. Pedersen
Tenth Circuit: United States v. Holloway
Ineffective Assistance, Fraud, Sentencing
Counsel of Choice claim construed as Ineffective Assistance claim, barred until collateral challenge.
Admission of excessive victim impact statements harmless error.
No error in exclusion of witness' prior convictions/judgments, as impeachment from same set of facts could be done in other ways.
As trial objection was to number of victims that the defendant knew about, and not the objective number, objection to sentencing enhancement not preserved.
United States v. Holloway
Counsel of Choice claim construed as Ineffective Assistance claim, barred until collateral challenge.
Admission of excessive victim impact statements harmless error.
No error in exclusion of witness' prior convictions/judgments, as impeachment from same set of facts could be done in other ways.
As trial objection was to number of victims that the defendant knew about, and not the objective number, objection to sentencing enhancement not preserved.
United States v. Holloway
Eighth Circuit: United States v. Marvance Robinson
Sentencing, ACCA residual clause
Where the record does not establish whether deft was sentenced according to the use of generic predicate convictions or qualitatively specific ones, remand.
Where the record does not establish whether deft was sentenced according to the use of generic predicate convictions or qualitatively specific ones, remand.
United States v. Marvance Robinson
Eighth Circuit: Jerry Von Rohr v. Reliance Bank
Administrative
Deference to agency finding that a contract claim for one year of post-employment salary was barred by FDIC "golden parachute" law, as contrary precedent involved staturory, not contract, claims.
Auer deference to agency on scope not relevant, as agency cites Blacks Law Dictionary for disputed term. Plain meaning.
Deference to agency finding that a contract claim for one year of post-employment salary was barred by FDIC "golden parachute" law, as contrary precedent involved staturory, not contract, claims.
Auer deference to agency on scope not relevant, as agency cites Blacks Law Dictionary for disputed term. Plain meaning.
Jerry Von Rohr v. Reliance Bank
Eighth Circuit: Automated Matching Systems v. U.S. Securities and Exchange
Administrative, Securities
Chevron deference to agency finding that exercise of the powers traditionally associated with large-volume exchanges categorically precludes classification as an exchange exempt from the registration requirements.
Ancillary challenges to agency finding barred under APA.
Automated Matching Systems v. U.S. Securities and Exchange
Eighth Circuit: Jason Procknow v. Hugh Curry
FRE,
Admission of prior bad act - impersonating a peace officer - harmless error.
Conviction for attempted murder went to reasonableness of the use of force during arrest for parole violation.
Motion of hands toward body of prone plaintiff after two taserings made the application of a third tasering not unreasonable.
Admission of prior bad act - impersonating a peace officer - harmless error.
Conviction for attempted murder went to reasonableness of the use of force during arrest for parole violation.
Motion of hands toward body of prone plaintiff after two taserings made the application of a third tasering not unreasonable.
Jason Procknow v. Hugh Curry
Eighth Circuit: Richland/Wilkin Joint Powers v. Fargo-Moorhead Flood Diversion
Environment, FRCP
District Court injunction upheld, given procedural harms and risk to plaintiffs during the pendency of procedural review.
No error in determination that the project was part of a larger project.
Given the administrative and democratic aspects of the planning process the appropriate standard for merits was that the movant had a fair chance of ultimately prevailing.
Extraterritorial application of foreign state regulatory statute can be considered at the preliminary injunction stage, since the foreign state's interest (?) would be served by the use of the law.
Multistate nature means that Dormant Commerce Clause doesn't bar state statute.
Public interest allowed the injunction to issue without payment of a bond.
District Court injunction upheld, given procedural harms and risk to plaintiffs during the pendency of procedural review.
No error in determination that the project was part of a larger project.
Given the administrative and democratic aspects of the planning process the appropriate standard for merits was that the movant had a fair chance of ultimately prevailing.
Extraterritorial application of foreign state regulatory statute can be considered at the preliminary injunction stage, since the foreign state's interest (?) would be served by the use of the law.
Multistate nature means that Dormant Commerce Clause doesn't bar state statute.
Public interest allowed the injunction to issue without payment of a bond.
Richland/Wilkin Joint Powers v. Fargo-Moorhead Flood Diversion
Eighth Circuit: Raphael Donnell v. United States
AEDPA, Sentencing
Challenge to advisory sentencing guideline is merely suggested by Supreme Court holding on mandatory sentencing guideline, not compelled by it, so the petition is barred as second/successive.
Challenge to advisory sentencing guideline is merely suggested by Supreme Court holding on mandatory sentencing guideline, not compelled by it, so the petition is barred as second/successive.
Raphael Donnell v. United States
Eighth Circuit: Grand Juror Doe v. Robert McCulloch
FRCP
District court erred in dismissing grand juror's 1A challenge to confidentiality laws in order to allow for a state resolution of the claim, as the statutory scheme isn't that complex. Proper remedy is prudential stay.
District court erred in dismissing grand juror's 1A challenge to confidentiality laws in order to allow for a state resolution of the claim, as the statutory scheme isn't that complex. Proper remedy is prudential stay.
Grand Juror Doe v. Robert McCulloch
Eighth Circuit: Laquince Hogan v. Wendy Kelley
Ineffective Assistance, Fourth Amendment
Warrantless search of closed container not a basis for ineffective assistance habeas, given inevitable discovery.
Laquince Hogan v. Wendy Kelley
Seventh Circuit: USA v. Charles A. Evans
Sentencing
Sentencing bump for maintaining premises for drug distribution upheld, since use of the house by other people didn't foreclose the finding.
Obstruction sentencing bump not foreclosed by subsequent acceptance of responsibility in guilty plea.
USA v. Charles A. Evans
Seventh Circuit: Jacob Saathoff v. Andre Davis
FRCP, S1983, Animal Law
No abuse of discretion in denial of sanctions or new trial where trial testimony of officer varied substantially from interrogatory, given vagueness of questions and the chance to respond at trial.
Where a police officer is called to a dogfight and shoots a dog that might or might not have been n top at the time, the standard is reasonable use of force, not inevitability of use of force.
Sufficient evidence.
Jacob Saathoff v. Andre Davis
Seventh Circuit: Semir Sirazi v. General Mediterranean Holding
Posner, Money
Buyout where debtor had contrary contractual obligations amounted to tortious interference, and various other things, as the company was on notice of the contract obligations.
As forgiveness of other obligations that substantially reduced the buyout price was established to be proceeds of the transaction by expert accounting testimony, no error in the jury's counting it as such, despite the fact that it could not have been used to fulfill the contrary contractual obligation.
Unjust enrichment, conspiracy claims justified, given that there was unjust enrichment & conspiracy.
Under state law, refinancing a loan and assignment of the loan are identical with respect to a contract referencing the loan.
Award should have been reduced by funds awarded in bankruptcy.
Unjust enrichment award against individual upheld, given ownership of company that was enriched. Punitive damages inappropriate.
Semir Sirazi v. General Mediterranean Holding
Sixth Circuit: Adam Eggers v. Warden, Lebanon Corr. Inst.
Habeas, FRCrimP
State court holding that an assertion of innocence during sentencing allocution didn't require the court to conduct a hearing into the voluntary nature of the plea was not contrary to or an unreasonable application of Supreme Court precedent.
Adam Eggers v. Warden, Lebanon Corr. Inst.
State court holding that an assertion of innocence during sentencing allocution didn't require the court to conduct a hearing into the voluntary nature of the plea was not contrary to or an unreasonable application of Supreme Court precedent.
Adam Eggers v. Warden, Lebanon Corr. Inst.
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