Monday, May 13, 2013

Federal Circuit -- MOTIVA, LLC v. ITC [OPINION]

Absent prospect of licensing, litigation costs spent in protecting a patent don't themselves count towards a domestic market for the licensing.


Tenth Circuit -- Brecek & Young Advisor, Inc. v. Lloyds of London Syndicate 200

Where insurance policy unambiguously considers actions related where they have any factual elements in common, two arbitrations referencing the same parties during the same time period are interrelated, even where the substance of the first arbitration would not put the plaintiff on notice of the charges in the second.

Under New York law, the defense that a matter is not outside coverage, as the insurer has heretofore defended claims based on it, is estoppel, not waiver.

In an estoppel claim based on the insurer's conduct of a second matter, the court should address the degree of detrimental reliance incurred by the first insured, so long as any detrimental reliance was possible.  [We're stating this one a bit freely.  Entertainment purposes only.  Eds.]

Brecek & Young Advisor, Inc. v. Lloyds of London Syndicate 200


Fatal shooting was not an exercise of excessive force / DP deprivation, as officers were justified in the use of physical force to that point in the encounter, and the decedent was attempting to drive off with an officer in the passenger seat.

Dissent: At 3 to 6 miles per hour.


Eighth Circuit -- United States v. Frank Martin

Where deft does not allege but/for causation of guilty plea, colloquy that doesn't mention statutory minimum triggered by ACCA is not plainly erroneous if the term for that count of the indictment was to run concurrently with the penalties imposed on the other counts.

United States  v.  Frank Martin

Sixth Circuit -- Platinum Sports Ltd v. Rick Snyder

Federal District Court stipulation agreement holding state statutes facially unconsitutional and enjoining enforcement means that subsequent challenge to the statutes lacks standing -- no injury.

(State lawmaker had been collecting signatures on petition asking for enforcement of the statute.)

Platinum Sports Ltd v. Rick Snyder 

Fourth Circuit -- Ali Karimi v. Eric Holder, Jr

Immigration -- Under either categorical or modified categorical review, state second-degree assault conviction was not for a crime of violence, as the grabbing of a hand is not, in itself, a violent act.

Dissent:  AG has moved for remand, and Scotus is pondering a relevant question.  Abstain. (Courteously.)

Ali Karimi v. Eric Holder, Jr

First Circuit -- PHL Variable Insurance Company v. P. Bowie 2008 Irrevocable

Under state law, a party is not required to return all consideration received when seeking rescission of contract -- court sitting in equity has power to fashion appropriate relief.

An action for rescission is not subject to the state election of remedies rule --  it is not an action on the contract, but rather an attempt to put the parties in the place they would have been absent the contract.

PHL Variable Insurance Company v. P. Bowie 2008 Irrevocable 

First Circuit -- US v. Zavala-Marti

Court cannot impose general sentence in excess of the statutory minimums for any of the charges in the indictment based on drug amounts in excess of the amounts charged in the indictment.

In sentencing, court cannot rely on information gained from ex parte meeting with probation department without giving the deft a chance to challenge the information.

US v. Zavala-Marti 

First Circuit -- US v. Candelaria-Silva

For sentencing purposes, personal ties to the leaders of a drug conspiracy is insufficient to establish culpability for the entire amount of drugs handled by the conspiracy.

US v. Candelaria-Silva 
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.