Wednesday, January 16, 2013

Abridged Service Continues

Quick headlines only today.  As always, entertainment purposes only.

Cheers,

MB

Federal Circuit -- W.C. V HHS [OPINION]

Temporal proximity insufficient for causation for claim under Vaccine Act.

Aggravation of condition claim linked to causation analysis for symptoms.

W.C. V HHS [OPINION]

Federal Circuit -- PARALLEL NETWORKS, LLC. V. ABERCROMBIE & FITCH CO.

Patent.

PARALLEL NETWORKS, LLC. V. ABERCROMBIE & FITCH CO.

DC Circuit -- American Road & Transportation v. EPA (1/15)

Challenge to EPA rules time-barred under 60 day Clean Air Act clock.

American Road & Transportation v. EPA

DC Circuit -- William Moore, Jr. v. Michael Hartman (1/15)

Qualified immunity still good, as although lack of probable cause might arguably not have been an element in retaliatory prosecution claims in the Tenth, it was in DC.

Dissent: 1A law vague on this generally.

William Moore, Jr. v. Michael Hartman

DC Circuit -- Grocery Manufacturers Assoc. v. EPA (1/15)

Dissent from denial of en banc -- food producers and petroleum producers are both within the zone of interests for Ethanol legislation.

Grocery Manufacturers Assoc. v. EPA

DC Circuit -- EchoStar Satellite, LLC v. FCC (1/15)

FTC rulemaking TKO'd.

EchoStar Satellite, LLC v. FCC

Eleventh Circuit -- Federal Trade Commission v. Richard A. Bishop, et al.

Damages for deceptive marketing practices correctly based on the gross, not the net.

Federal Trade Commission v. Richard A. Bishop, et al.

Eleventh Circuit -- USA v. Erica Hall

Sentencing for credit card fraud -- the key is the number of people whose information was misused, not the number whose information was illicitly possessed.

USA v. Erica Hall

Eighth Circuit -- United States v. Robert Cover

Prior assault conviction is a qualifying prior for 10 year Federal minimum.

United States v. Robert Cover

Eighth Circuit -- United States v. Willie Johnson

Retroactivity of Amendment 742 to the Sentencing Guidelines.

United States v. Willie Johnson

Eighth Circuit -- United States v. Robert Garcia

No error in leader sentencing bump.  No error in guns sentencing bump.

United States v. Robert Garcia

Eighth Circuit -- United States v. Gilberto Baldenegro-Valdez

Crim - trial procedure, inventory search, jury instructions.

United States v. Gilberto Baldenegro-Valdez

Sixth Circuit -- James Luedtke v. David Berkebile

Prisoner challenges to wages for prison work via Habeas mostly denied.

 James Luedtke v. David Berkebile

Fourth Circuit -- US v. Irvin Bumpers

Terry stop for trespassing in parking lot of open convenience store upheld.  Dissent dissents.

US v. Irvin Bumpers 

Fourth Circuti =-- D.L. v. Baltimore City Board of School Commissioners

Statute does not require state to fund alternative schooling for disable student at sectarian school.

D.L. v. Baltimore City Board of School Commissioners 

Third Circuit -- Roderick Johnson v. Louis Folino

Habeas remanded to District Court on Brady violation given evidence that emerged in Federal discovery after the termination of the State proceedings.

Roderick Johnson v. Louis Folino
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.