Thursday, December 27, 2012

Federal Circuit -- CW ZUMBIEL V. KAPPOS

Adding a finger flap to a carton was a sufficiently obvious move, regardless of how the carton was intended to be carried, especially as there's no particular reason that the carton should be carried in that way.

Adding flap dispenser to carton similarly obvious.

Preamble to claim appropriately considered.

Dissent: It's a box with holes in it at obviously logical points.


Tenth Circuit -- Blehm v. Jacobs

When assessing substantial similarity in a copyright action, specific protectible elements rather than general assessments must be considered.

Blehm v. Jacobs

Tenth Circuit -- Hill v. Vanderbilt Capital Advisors

Dismissal/remand for lack of standing is at least colorably a dismissal for lack of subject matter jurisdiction and therefore unreviewable.

Post-removal addition of a uniquely federal cause of action does not allow for review of subsequent unreviewable remand.

Exception to nonreviewability of remand requires divisible orders - elements of a single claim dismissed by a single order cannot be separately assessed.

Hill v. Vanderbilt Capital Advisors


Collateral challenge to conviction under S1983 by an as-applied challenge to state DNA testing statute is barred under Rooker-Feldman as a de facto federal review of (not appealed) state court judgement.

Dismissal without prejudice as to not-barred claims but silent as to leave to amend is sufficiently final for appeal.

No error in denial of leave to amend, as the claim was not salvageable.


Seventh Circuit -- USA v. Fairly Earls

Limiting instruction was sufficient to allow evidence of potential state sentence for unrelated bad acts, as it was evidence of deft's motive to flee with fake passport data.

Police ID at trial of deft in photographs was harmless error.

For sentencing purposes, underlying conviction in the relevant section need not have already been obtained.  Language suggesting otherwise is surplussage because of  the cross-reference.

USA v. Fairly Earls

Seventh Circuit -- Ohio Chemical Servic v. Falconbridg

A company's agreement with a distributor that the distributor should reduce its own production levels of the material being distributed is not price fixing and therefore not a per se violation of the Sherman Act.

Trial court does not need to provide extensive reasoning for holding that antitrust case will be decided according to rule of reason rather than per se.

Ohio Chemical Servic v. Falconbridg

Seventh Circuit -- Ronald Slade v. Board of School Dir

Negligence is not a sufficient basis for a S1983 suit.

Plaintiff's enticement claims properly dismissed before trial.

Ronald Slade v. Board of School Dir

Seventh Circuit -- Arthur Lewis, Jr. v. City of Chicago

(b)(2) Class action intervention untimely subsequent to entry of final judgement where the potential intervenors had notice that they were not within the class as amended and the final relief was reasonable with respect to those affected.

Arthur Lewis, Jr. v. City of Chicago

Sixth Circuit -- In re: Joel DeGroot

Bankruptcy Court has discretion under statute to consider an unscheduled asset abandoned to a (non-creditor) third party.

 In re: Joel DeGroot

Second Circuit -- United States v. Metter

US Attorney's certification to an interlocutory appeal on suppression is conclusive proof of materiality and a sufficient showing as to good faith.

United States v. Metter

First Circuit -- Marek v. State of Rhode Island

For a Takings Clause action to be ripe, plaintiff must have exhausted all state court remedies for just compensation.

Undeveloped mechanisms for state court remedies are not therefore futile.

Road expansion scheme tied to cancelled plans for residential development cannot be reviewed as capable of repetition yet evading review.

Marek v. State of Rhode Island

First Circuit -- Awuah v. Coverall North America, Inc.

Neither Federal not Massachusetts law requires any heightened notice for arbitration clauses in commercial agreements.

Awuah v. Coverall North America, Inc.
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.