Tuesday, December 04, 2012

Federal Circuit -- DEERE & CO. V. BUSH HOG, LLC.

Where jury might have found that a slight spacer between pieces of the construction allowed the pieces to engage with each other, the court inappropriately invoked the doctrine of vitiation to rule on a claim that the two pieces did not engage.

The lower cutting deck was not necessarily substantially planar, or something along those lines.


DC Circuit -- KLB Industries, Inc. v. NLRB

When a company pleads hardship as an excuse during negotiations, a disclosure obligation arises that is distinct from the total disclosure required in other situations.  Not an all-or-nothing requirement -- the company must disclose relevant financials together with the underlying data.

Withholding of this information makes a lockout unlawful, notwithstanding other good-faith bargaining.

KLB Industries, Inc. v. NLRB

DC Circuit -- Cellco Partnership v. FCC

Chevron deference applies even to questions of scope of agency's power.

Specific Title III grant of power to prescribe wireless plans allowed agency rulemaking requiring fair roaming charges.

Rule was not undue intrusion, didn't cancel third party contracts, and wasn't an undue modification of existing licenses.

On facial challenge, the rulemaking is not an exercise of common carrier regulation, as it is sufficiently discriminating.

No taking or regulatory taking, as compensated.

Not arbitrary/capricious.

Cellco Partnership v. FCC

Eleventh Circuit -- Bahamas Sales Associate, LLC, et al. v. Donald Cameron Byers

Forum selection clause referring to 'obligor'  in contract for sale of land binds only one party to the sale- the purchaser.

Purchaser's counterclaim in action for nonpayment alleging RICO conspiracy to under-assess the property is not subject to the forum selection clause in the contract of sale, as the activity is not a direct result of the performance of contractual duties.

Under federal common law, nonsignatories to a contract cannot be bound by equitable estoppel to a forum selection clause in the contract if the claimant has not specifically asserted entitlements or claimed duties under the contract.

Bahamas Sales Associate, LLC, et al. v. Donald Cameron Byers


Although claims against noncreditors for fraudulent conveyance are core to the bankruptcy court's resolution of the estate, it is unconstitutional for a bankruptcy court to enter final judgment on those claims, as it is not an Article III tribunal.

Bankruptcy courts still retain the statutory power to hear and determine the cases, though, and can issue recommendations to the District Courts on findings of fact and issues of law.

Nonclaimant on the estate can waive defense of court's lack of power to have judgment issued by not timely objecting to it.

Superficial changes in company - e.g. name, website, logo - do bar finding of successorship to prior company.


Eighth Circuit -- United States v. John Farnell

Physical appearance of deft, appearance of vehicle, and proximity to crime scene justified stop, given issuance of bulletin.

By spoken consent and opening the door to the van, deft consented to the search.

Given probable cause for the search of the automobile, police did not need to get second consent to search after obtaining consent to initial search.

 United States  v.  John Farnell

Seventh Circuit -- USA v. Juwan Matthews

Court did not procedurally err in imposing crack/cocaine ratio stated in the guidelines, despite citing Congressional intent -- clearly, the court demonstrated its knowledge that it could vary from that.

Not made substantively unreasonable by other judges' opting for the other crack/cocaine ratio, as judges must be allowed the discretion, and therefore any disparity between sentences is reasonable.

USA v. Juwan Matthews

Seventh Circuit -- Robert Dietrich v. Judy Smith

As there is no evidence in the record indicating that the state trial court viewed the testimony of a therapist as in any way dispositive, habeas claim alleging right to in-camera review of the therapist's notes is denied -- no chance of a different outcome.

Robert Dietrich v. Judy Smith

Seventh Circuit -- Tammy Boyd v. Meriter Health Serv

Certification of 23(b)(2) class action upheld despite diversity of subclass claims - statutory language requiring the deft to have acted the same to all members refers to the subclasses.

Walmart v. Dukes limits on uniformity of redressibility apply to the subclass, not the class.

Formulaic reformation of the larger ERISA plan, although resulting in different awards, is not individualized monetary relief for the purposes of class certification.

Potential conflicts of interest on the merits not substantial enough to bar certification..

Tammy Boyd v. Meriter Health Serv

Fourth Circuit -- US v. Nicholas Gonzales-Flores

District Courts have discretion to hold a hearing on a deft's FRCrimP Rule 43 motion claiming government errors in discovery without the deft, if requirements of fairness and efficiency so indicate.

US v. Nicholas Gonzales-Flores

Second Circuit -- United States v. Murphy

District court did not clearly err by holding that the deft had stopped in response to patrol car lights, given the patrol car lights n the video of the stop.

Trooper's "Kansas two step" of briefly turning away from the car before asking consent to search was not enough to dissipate the taint of the illegal stop.

Miranda warnings incorrect enough to dispel waiver -- the added instruction that the defts should talk to the police negated the knowing waiver..

United States v. Murphy
Compiled by D.E. Frydrychowski, who is, not incidentally, not giving you legal advice.

Category tags above are sporadically maintained Do not rely. Do not rely. Do not rely.

Author's SSRN page here.