Thursday, March 07, 2013

Federal Circuit -- GLOBAL COMMODITY GROUP LLC v. US [OPINION]

Statute set antidumping threshold for citric acid from PRC at 40%, company offloaded a mix of 35% PRC citric acid, and 65% other citric acid.  Court here upholds ruling under substantial evidence review that this isn't a 'blend' under the statute, as they didn't mix the citric acid with anything.  For next time, MB suggests vodka.

GLOBAL COMMODITY GROUP LLC v. US [OPINION]

Federal Circuit -- IN RE HUBBELL [OPINION]

Patent.  Mit dissent.

IN RE HUBBELL [OPINION]

Ninth Circuit -- JANET BELL V. CITY OF BOISE

Homeless S1983 plaintiffs challenging enforcement of camping regulations against them are not barred from Federal review under Rooker-Feldman, as they are not challenging the legal conclusions of the relevant state court holdings.

Special Police Order limiting  implementation of local ordinance does not make the controversy moot.

JANET BELL V. CITY OF BOISE

Ninth Circuit -- ALEX CORNS V. LABORERS INTERNATIONAL UNION

So long as the members of the Local are members of a supervening union group as well, the umbrella group can impose fair fees under the Federal statute without observing the constitutional rules of the Local.

Concur in J -- The dues increase under the statute isn't a function of the Local at all, but of the larger group.

ALEX CORNS V. LABORERS INTERNATIONAL UNION

Ninth Circuit -- MARVIN WALKER V. MICHAEL MARTEL

Reverasal of Habeas grant for Ineffective Assistance -- shackling under clothing was visible to jury, but insufficient prejudice.

Dissent -- Should redo the penalty phase.

MARVIN WALKER V. MICHAEL MARTEL

Eighth Circuit -- Shaunta Hudson v. United Systems of Arkansas

Sufficient evidence for judgment for plaintiff on Title VII claims;

No error in denying remittur, as award was within the scope of the jury's discretion.

Shaunta Hudson v. United Systems of Arkansas

Fifth Circuit -- Ronald Curtis, et al v. W. Anthony, et al

Section 1983 action against police and municipality for rigged dog-scent lineups.  Municipality cleared, officer, not so much.

Ronald Curtis, et al v. W. Anthony, et al

Fourth Circuit -- US v. Eduardo Rangel-Castaneda

Statutory Rape in Tennessee isn't categorically a crime of violence.

US v. Eduardo Rangel-Castaneda 

Fourth Circuit -- Thomas Francis v. Allstate Insurance Company

Attorneys fees count here for the amount in controversy computation, as caselaw allows recovery of fees.

Choice of law assigned by forum's rules under Klaxon.

Renter's insurance doesn't cover tort defamation suits, as the statements were made deliberately.

Thomas Francis v. Allstate Insurance Company

Third Circuit -- Taibu Grant v. Melvin Lockett

No Brady claim on Habeas, as opposing witness' priors could have been discovered with reasonable diligence.

Granted for Ineffective Assistance on same grounds, though.

Taibu Grant v. Melvin Lockett
Compiled by D.E. Frydrychowski, who is, not incidentally, not giving you legal advice.

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