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.
This one (temporarily) didn't go to Eleven.
Housekeeping note, 11th Circuit seems to have vanished from the feed. Looks like it dropped some weeks back -- will troubleshoot that.
(Net damage, it looks like about a dozen published decisions hit during our active times. Not ideal.)
Past opinions here:
http://www.ca11.uscourts.gov/published-opinions-log
-CB
Federal Circuit: MEDICINES COMPANY v. HOSPIRA, INC.
Patents, UCC, En Banc
For purposes of Patent law, a product is considered to be onsale when the parties make a sale or offer for sale under the UCC. Title to the embodiments or rights to the manufacturing must change hands -- stockpiling, contract for manufacturing, and other transactions of commercial benefit do not necessarily qualify.
MEDICINES COMPANY v. HOSPIRA, INC.
Ninth Circuit: PACIFIC MARITIME ASSN V. NLRB
Labor, FRCP
Prospect of imminent settlement does not mean that District Court has statutory, constitutional, or extraordinary jurisdiction over interlocutory appeal from NLRB proceeding, as the prospective intervenor might either intervene in the agency proceeding prior to final order or appeal the eventual settlement.
PACIFIC MARITIME ASSN V. NLRB
Ninth Circuit: TIFFANY AGUAYO V. S.M.R. JEWELL
Tribe Law, Administrative
Although the agency acted according to a broad vesting statute, the decision is reviewable under the APA, since it centers on the agency's acceptance of a certain constitution by the band, although specific review of the legitimacy of the constitution is time-barred.
As there was a rational basis for the agency's hands-off approach at the time of the constitution's adoption, the agency's decision not to intervene in a present membership dispute was not arbitrary or capricious.
No general trust obligation, &c, &c.
TIFFANY AGUAYO V. S.M.R. JEWELL
Eighth Circuit: United States v. Juan Leanos
Sentencing
Elements of "safety valve" provision allowing for a sentence below the mandatory minimum do not need to be found by the finder of fact.
United States v. Juan Leanos
Eighth Circuit: Domick Nelson v. Midland Credit Management, Inc
FDCPA, Bankruptcy, Circuit Split
FDCPA does not allow for a claim against a time-barred debt filed as a claim against a bankruptcy estate.
Circuit split flagged.
Domick Nelson v. Midland Credit Management, Inc
Eighth Circuit: United States v. Cody James Horse Looking
Sentencing, Predicates
Under modified categorical analysis, a state domestic violence statute is not a predicate crime of violence, as court might have convicted under the provision prohibiting making of a credible threat. Although the sentencing colloquy established that physical violence occurred, the violence might have been in furtherance of the credible threat.
United States v. Cody James Horse Looking
Eighth Circuit: Gerald E. Carlson v. Midwest Professional Planners
Torts
Claim against an insurance agent for not listing co-owners of policy doesn't state a claim, as the primary owner of the policy was the only one who could legally cure the omission.
Gerald E. Carlson v. Midwest Professional Planners
Eighth Circuit: United States v. Donald Montgomery
Fourth Amendment
Sleepers inside unmarked van with copper pipes inside provided sufficient reasonable suspicion for search of the van, given that the area is often a place for trafficking in illegal scrap metal.
United States v. Donald Montgomery
Eighth Circuit: United States v. Belle Brave Bull
Sentencing
No plain error in under-explained upward departure from guidelines, as it was outside the heartland of the usual type of offense, and there were other factors that would have justified the increase.
United States v. Belle Brave Bull
Eighth Circuit: United States v. James Powers
Sentencing
No abuse of discretion in counting attempt to escape from police as both an element of the offense of Obstruction and a sentencing enhancement, as it was present to an exceptional degree.
United States v. James Powers
Eighth Circuit: Dale Helmig v. Carl Fowler
Brady, S1983
Sheriff's lack of disclosure of multiple calls from victim discussing safety concerns in the context of a divorce didn't rise to the level of intention and bad faith required for civil damages under S1983.
Dale Helmig v. Carl Fowler
Seventh Circuit: USA v. Joseph Banks
FRCrimP, Sixth Amendment, Sentencing
No error in allowing pro se deft to continue representation after remaining silent at critical junctures, since the silence was a knowing and voluntary attempt to maintain a sovereign citizen defense.
No error in altering sentence during imposition to match announced within-guidelines total.
USA v. Joseph Banks
Seventh Circuit: Ira Holtzman v. Gregory Turza
Class Actions, Fees
In a statutory class action where individual recovery is specifically delineated in the statute, class counsel cannot be paid based on the value of the common fund.
Order to pay full statutory amount to remaining claimants once the fees have been satisfied was error.
Court is not obligated to make a cy pres distribution of remaining funds -- can return balance to deft.
Ira Holtzman v. Gregory Turza
Fifth Circuit: Mark Gomez v. Ericsson, Inc.
ERISA, Employment
Given substantial administrative operation supporting it, the severance plan is governed by the terms of ERISA.
As there were ambiguities in the Plan, no abuse of discretion in denial of benefits under release of claim provision where former employee returned computer without some files.
Mark Gomez v. Ericsson, Inc.
Fourth Circuit: Randall Brickey v. Robb Hall
S1983, Free Speech
Given paramilitary character of police force, there was no clearly established law to the contrary when police officer was fired for suggesting financial malfeasance at the department.
Randall Brickey v. Robb Hall
Fourth Circuit: Ohio Valley Environmental Coalition v. United States Army Corps
Environmental, Administrative
Where statute requires that the Corps of Engineers conduct an environmental review based on the mining project's effects upon US waters, the review is properly limited to the effects on US waters, and need not be expanded to consider other public health questions.
Ohio Valley Environmental Coalition v. United States Army Corps
Fourth Circuit: Michelle Williams v. Lendmark Financial Services
Statutory Construction
Under state law, lender's policy of first applying payments to late fees is permissible, as the terms simply require that a fix sum be periodically paid, and provide for an extension of the loan where the balance isn't retired.
Lender could not, however, consider a payment incomplete where it didn't cover both the principal due and additional fees.
Close of business was fair cutoff, as terms required payment a set number of days from the initial cutoff time.
Michelle Williams v. Lendmark Financial Services
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