Friday, February 27, 2015

This one goes to eleven

Running late - links only for the nonce:

Tenth

Goudeau v. Dowling

Conkleton v. Raemisch

Eleventh:

Paul Glen Everett v. Secretary, Florida Department of Corrections14-118575:11-cv-00081-RSNEW02-27-2015
Pruco Life Insurance Company v. Gary A. Richardson, et al.13-158591:12-cv-24441-FAMCON02-27-2015
Pruco Life Insurance Company v. Wells Fargo Bank, N.A.13-121359:10-cv-80804-JICCER02-27-2015
Severin Hegel, et al v. The First Liberty Insurance Corporation14-105498:12-cv-01161-EAK-MAPNEW02-27-2015

Ninth Circuit: ROBERT MCDANIELS V. RICHARD KIRKLAND

Summary en banc order.

ROBERT MCDANIELS V. RICHARD KIRKLAND

Eighth Circuit: Hamid Yazdianpour v. Safeblood Technologies, Inc.

Any party to a breached contract has standing.

A reasonable finder of fact could hold that PL had no duty to investigate the status of a foreign patent, given explicit assurances of Deft.

Failure to deliver patent diminished the value of the agreement, didn't cancel distributorship.

Non-renewal of JMOL bars sufficient evidence claims.

Prejudgment interest excessively speculative.


Hamid Yazdianpour  v.  Safeblood Technologies, Inc.

Fifth Circuit: Allen Thompson v. City of Waco, Texas

Summary denial of en banc.

Allen Thompson v. City of Waco, Texas

Fifth Circuit: USA v. Armelinda Castillo

Where the deft has a good-faith dispute as to the factual findings in a PSR, it is impermissible for the govt to therefore decline to move for an ":acceptance of responsibility" sentence reduction.

USA v. Armelinda Castillo

Second Circuit: Sleepy’s v. Select Comfort

Contract claims -- "first quality" goods breach claim not proven, as goods were not inferior to other goods of same manufacturer.

Contractual termination is distinct from contractual expiration.

When PL elicits defamatory statements, the PL consents to the defamation to the degree that it expected the statements to be defamatory.

Statements as to business practices of the company were statements of fact, not opinion, for purposes of New York defamation law.

Sleepy’s v. Select Comfort
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.