Federal Circuit -- ARKEMA INC. v. HONEYWELL INTERNATIONAL INC. [OPINION]

Patent.

ARKEMA INC. v. HONEYWELL INTERNATIONAL INC. [OPINION]

DC Circuit -- USA v. Joshua Godoy

Imprecise colloquy TKO's appeal waiver.

Outside of guidelines sentence sufficiently explained.

Restitution from prison labor was not a stated goal of the sentence.

USA v. Joshua Godoy

DC Circuit -- Shekita Dyson v. DC

Agency investigation does not equitably toll the Title VII statute of limitations where plaintiff is inactive.

Shekita Dyson v. DC

Eleventh Circuit -- Janet Feliciano, et al v. City of Miami Beach, et al

Plaintiff's uncorroborated statements can suffice at summary judgment stage for denial of qualified immunity in S1983 action alleging violations of 4A.

Janet Feliciano, et al v. City of Miami Beach, et al

Eleventh Circuit -- Harry Elwood Penney v. Secretary, Department of Correctioins, et al

Untimely motion did not toll the AEDPA one-year clock.

Harry Elwood Penney v. Secretary, Department of Correctioins, et al

Eleventh Circuit -- Jiaren Shi v. U.S. Attorney General

Physical abuse by foreign police was, as a matter of law, persecution.

Jiaren Shi v. U.S. Attorney General

Tenth Circuit -- Hansen v. PT Bank Negara Indonesia

Website of foreign bank not self-authenticating.

No jurisdiction under Foreign Sovereign Immunity Act, as all of the transactions were fraudulent, and therefore, no commercial activity with direct effects.

Hansen v. PT Bank Negara Indonesia

Tenth Circuit -- United States v. Lor

New impeachment evidence that emerges after 4A suppression hearing is not grounds for a collateral challenge to the verdict, as it speaks neither to the constitutionality of the police conduct nor the guilt/innocence of the deft.

United States v. Lor

Ninth Circuit -- USA V. TYMOND PRESTON

Habeas -- Apprendi did not create clearly established law holding that sentencing factors are subject to double jeopardy restrictions.

USA V. TYMOND PRESTON

Ninth Circuit -- USA V. TYMOND PRESTON

Crim --

Diminished mental competency not enough to TKO confession

Jury trial/confrontation waivers were good;

Hearsay in under excited utterance.

Sentence substantively questionable -- terms of lifetime supervision harsh for deft in 20's.

Dissent -- coerced confession

USA V. TYMOND PRESTON

Eighth Circuit -- Zachary Smith v. State of Missouri

Despite bankruptcy, state properly took $45 from inmate in compliance with statute authorizing recoupment of costs of incarceration, as the $45 was billed against post-petition costs incurred.

Zachary Smith v. State of Missouri

Eighth Circuit -- Susan Reindl v. Hartford Life and Accident Ins

ERISA administrator's determination that letter from lawyer was not sufficient administrative appeal is reasonable.

Susan Reindl v. Hartford Life and Accident Ins

Eighth Circuit -- Tanya Bosley v. Cargill Meat Solutions Corp.

Petitioner did not give employer sufficient notification of the FMLA leave request; exceptions don't apply.

Tanya Bosley v. Cargill Meat Solutions Corp.

Eighth Circuit -- James Trickey v. Kaman Industrial Technologies

Punitive damages award in employment discrimination action does not shock the conscience; hearsay not prejudicial enough to warrant new trial; Rule 59(e) was the wrong motion when seeking to convert fees from lodestar of the forum to lodestar of the law firm.

James Trickey v. Kaman Industrial Technologies

Eighth Circuit -- Janet Lundquist v. University of SD Sanford

Where state permits suits against otherwise immune unincorporated partnerships, informal partnerships which are reachable through other statutory grants of jurisdiction (here, school reached through the Board of Regents) can only be reached in that manner.

Janet Lundquist v. University of SD Sanford

Seventh Circuit -- Robert Farnik v. FDIC

Where plaintiff sues successor bank, but the FDIC as receiver ultimately becomes the deft, FINRA administrative exhaustion requirements for the FDIC suit apply.

Robert Farnik v. FDIC

Sixth Circuit -- USA v. Benji Stout

Escape qualifies as a a crime of violence.

Dissent: Maybe for ACCA, but not here.

USA v. Benji Stout 

Third Circuit -- Daniel Sherzer v. Homestar Mortgage Services

To rescind loan under TILA, the notice of rescission must be sent within the three-year window.  (Timing of suit irrelevant.)

Daniel Sherzer v. Homestar Mortgage Services

Second Circuit -- United States v. Broxmeyer

Dissent from denial of en banc -- 32 years for high school athletics coach's questionable image procurement.

Preceded by lengthy concurrence.

United States v. Broxmeyer

First Circuit -- Silverstrand Investments v. Amag Pharmaceuticals, Inc.

Securities -- to survive motion to dismiss, Section 503 claim, there must be a known risk factor impacting present or future interests.  And there was.

Silverstrand Investments v. Amag Pharmaceuticals, Inc.