Monday, March 16, 2015

Short Form 3/16

Third Circuit:

Zachary Wilson v. Secretary Pennsylvania Departm  -- Prisoner Habeas - District Courts have jurisdiction over 60(b) motions seeking to modify grants of the Writ; Where a prisoner seeks to prevent retrial by filing a  Rule 60(b) motion after the State has not retried him or her according to the Writ, he or she must first exhaust State remedies where there are new substantive questions of fact or law.

Eighth Circuit:

Jerry Capps  v.  David Olson -- S1983  - Denial of qualified immunity for police officer who shot suspect, as, among other things, the first wound was in the suspect's back.

Tenth Circuit:

United States v. Cuevas-Bravo -- Sentencing - below-Guidlelines sentence upheld as presumptively reasonable against implicit challenges to Violent Burglary predicate, as, contrary to the stipulations in the PSR, the site wasn't a dwelling, and no violence was involved.

Jones v. McHugh -- Employment Law (Military) Position being made non-supervisory to ensure compliance with regs suffices for sufficient non-discriminatory motive to defeat per se showing of discrimination, Plaintiff did not respond;  Quite a few swipes at pro se brief.

EEOC v. Beverage Distributors Company Employment Law - Remedies/ Jury Instructions -- No error in tax offset, as jury awards need not be atypical to justify the offset; Error in jury instruction that required direct proof of direct threat as justification for adverse employment action consequent upon disability, the standard is reasonable belief.

Federal Circuit:

ENZO BIOCHEM INC. v. APPLERA CORP.  Patent - In Statement of Claim, the phrase "At least one component" establishes that there are multiple components to the system.  Dissent: The D-vil you say.

NB, these checks are happening earlier in the day than before, so a lot of opinions will show up in the following day's feed.

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.