Federal Circuit -- BRUCE SAFFRAN v. JOHNSON & JOHNSON [OPINION]

Patent.


BRUCE SAFFRAN v. JOHNSON & JOHNSON [OPINION]

Ninth Circuit -- NORTH EAST MEDICAL SERVICES, I V. CALIFORNIA DEPARTMENT OF HEALT

Health clinics cannot recoup monies paid to the state 11th Amendment bars the suit, as the funds would be taken from the state treasury.

NORTH EAST MEDICAL SERVICES, I V. CALIFORNIA DEPARTMENT OF HEALT

Ninth Circuit -- PETER KNAPPE V. USA

Executor's reliance on accountant's advice as to tax deadline does not excuse the late filing -- deadlines are not a substantive matter.

PETER KNAPPE V. USA

Eighth Circuit -- United States v. William Mefford

Conditions imposed on supervised release not overbroad.

United States v. William Mefford

Eighth Circuit -- United States v. Roberto Rodriguez

Handcuffing during traffic stop did not make it an arrest.

Probable cause for automobile exception search, as deft admitted to having contraband in the car.

Sources sufficed for warrant.

Many sentencing challenges.

United States v. Roberto Rodriguez

Seventh Circuit -- USA v. Steven Dotson

As the dilapidated gun pointed by the deft could still be regarded as something capable of firing bullets and was not beyond repair, it qualifies under the statute.

USA v.   Steven Dotson

Seventh Circuit -- Rebecca Pepper v. Carolyn W. Colvin

No error in ALJ's denial of disability claim.

Rebecca Pepper v.   Carolyn W. Colvin

Seventh Circuit -- USA v. Geoffrie Allen Lee Dill

Alternate juror's presence in jury room did not constitute a Constitutional violation, as the juror did not participate in or affect the deliberations.

USA v.   Geoffrie Allen Lee Dill

Seventh Circuit -- Betty Jordan v. Kelly Binns

Multi-step hearsay analysis.  Ultimately harmless error.

Betty Jordan v.   Kelly Binns

Seventh Circuit -- Solomon Monroe v. Randy J. Davis

Denial of Habeas --

As appellate holding was consistent with time of arrest stipulated to by the parties, the state courts gave the question a full and fair adjudication, despite error by trial court.

No ineffective assistance, as the putative additional witness wouldn't have done much for the case.

Conviction of murder on accountability theory upheld, as the deft's gang had a preexisting common plan to harm the victim.

Solomon Monroe v.   Randy J. Davis

Seventh Circuit -- Lisa Williamson v. Mark Curran, Jr.

As plaintiff's pleadings establish that deputies had reasonable grounds to suspect plaintiff to have stolen the horse, no S1983 claim.

Lisa Williamson v.   Mark Curran, Jr.

Sixth Circuit -- SEC v. Sierra Brokerage Services, Inc

SEC shift in theory of the case at the summary judgment stage from fraud-based to non-fraud-based (investors as stockholders) did not unduly harm deft's ability to defend.

Broker was a control person under Rule 144, given shareholder agreement.

Stock powers made broker a beneficial owner of the securities.

Sufficient scienter for injunction.

SEC v. Sierra Brokerage Services, Inc 

Sixth Circuit -- Cumberland River Coal Co. v. The Federal Mine Safety and He

Order of relief for mine worker upheld, as ALJ credited medical evidence to the contrary.  No impermissible imposition of business judgment.

Cumberland River Coal Co. v. The Federal Mine Safety and He 

Fourth Circuit -- Ashley II of Charleston LLC v. PCS Nitrogen Incorporated

Successor corporation did not assume clear contractual responsibility for predecessor's toxic waste liabilities, as the asset sale was treated as if it were hypothetically a stock swap.  Still responsible, though, after weighing the other evidence.

Extensive grading and construction is enough to make one a responsible party - no need to prove that soil was actually imported.

Adjacent leasehold should be considered part of the site.

Duty of care towards the waste is that of a similarly situated reasonable person.

No error in imposition of joint & several liability, as the inquiry was detailed and fact-specific.

Ashley II of Charleston LLC v. PCS Nitrogen Incorporated 

Third Circuit -- Akers National Roll Company v. United Steel, Paper and Forest

Deference to arbitrator's decision, as an arbitration outcome derives its essence from the CBA if it could in any way rationally derive from it.  Arbitrator could therefore look to past practice of parties.

Akers National Roll Company v. United Steel, Paper and Forest

Third Circuit -- West Run Student Housing v. Huntington National Bank

Conclusory allegations that contractor disclosed information to a competitor insufficient to state a claim.  Corroboration required.

No breach of the implied warranty of good faith and fair dealing in providing financing to a competitor.

At the motion to dismiss stage, the court cannot look beyond the four corners of the pleading -- statements in original pleading later superseded by amended pleading are therefore not binding judicial admissions.

West Run Student Housing v. Huntington National Bank

First Circuit yesterday

These appeared in the First after we went to press yesterday:

Aetna, Inc. v. Pfizer, Inc., et al 

Harden Manufacturing Co. v. Pfizer, Inc. 

Kaiser Foundation Health Plan v. Pfizer, Inc. 

Acosta-Ramirez v. Banco Popular de Puerto Rico 

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