Monday, October 17, 2011

Eleventh Circuit -- White Springs Agricultural Chemicals, Inc. v. Glawson Investments Corp.


No basis to review arbitration award, as all issues were properly submitted.

White Springs Agricultural Chemicals, Inc. v. Glawson Investments Corp.

Tenth Circuit -- Dish Network Corporation v. Arch Specialty Insurance Co.

Patent infringement can trigger duty to defend by way of an advertising injury claim.

Dish Network Corporation v. Arch Specialty Insurance Co.

Tenth Circuit -- Cordova-Soto v. Holder, Jr.

BIA holding that a procedurally correct but substantively unlawful entry into the country was an illegal entry is not unreasonable.

Cordova-Soto v. Holder, Jr.

Ninth Circuit -- TROY MATTOS V. DARREN AGARANO

Qualified immunity to tasering police officers.

Concurrence:  A pregnant woman parked in front of a school was tasered for refusing to sign a parking ticket or get out of her car.

Concur/Dissent (Chief K): Ever tried to get a pregnant woman out of a car?

Concur/Dissent: Disputed issues of material fact in one of the cases.

TROY MATTOS V. DARREN AGARANO

Eighth Circuit -- Libertarian Party of ND v. Alvin Jaeger

 Substantial burden of requiring primary candidates to score 1% of the vote to get on the ballot is justified by state interests.

No unconstitutional burden in limiting voters to one primary election.

As law applies equally, not equal protection violation.

Libertarian Party of ND v. Alvin Jaeger

Eighth Circuit -- Kendrick Story v. David Norwood

Although presence of injury is not a threshold requirement for claim against prison guard for violence, lack of injury can disprove prisoner's claim.

Kendrick Story v. David Norwood

Fifth Circuit -- USA v. Robert Macias, Jr.

 Series of irrelevant questions during Terry stop unconstitutionally prolonged it.

USA v. Robert Macias, Jr.

Fifth Circuit -- Noel Austin v. Burl Cain, Warden

 No double jeopardy where there is a possible theory of the second crime that does not involve the first being a predicate for it.

Concurrent sentence doctrine declined.

Noel Austin v. Burl Cain, Warden

Fifth Circuit -- Countrywide Home Loans v. Lawrence Velazquez, et a


Lending agreement provided for fees.



Countrywide Home Loans v. Lawrence Velazquez, et a

Fifith Circuit -- Spencer ad hoc Equity Com v. Idearc, Incorporated

 Equitable mootness (not Article III mootness) TKO's challenge to bankruptcy plan.

Spencer ad hoc Equity Com v. Idearc, Incorporated

Fifth Circuit -- Dewey Weaver v. Texas Capital Bank, N.A.

 Debtor's claim that surrender of collateral satisfies required payout under Plan, though not barred by Rooker-Feldman, is barred by res judicata. 

Surrender of collateral is a defense to payment - claim was waived when not raised in bankruptcy court.

Dewey Weaver v. Texas Capital Bank, N.A.

Secind Circuit -- Giovanniello v. ALM Media, LLC

TCPA claims borrow the statute of limitations of the forum state where there is a specific SOL for the violation charged.

Concur in J: No need to reach, claim is stale in either case.

Giovanniello v. ALM Media, LLC

Second Circuit -- Collazo v. Pagano


Prisoner claims dismissed for absolute prosecutorial immunity count as "strikes."



Collazo v. Pagano
Compiled by D.E. Frydrychowski, who is, not incidentally, not giving you legal advice.

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