No error in JMOL given lack of proof of prior conception.
Amazon shopping cart system fully anticipated the patented process.
Jury's general verdict should have been upheld by court.
No error in court's construction of "feedback information" in CRM system.
CORDANCE CORP. V. AMAZON.COM, INC.
Recent Precedential Slip Opinions from the U.S. Circuit Courts of Appeals.
Friday, September 23, 2011
Eleventh Circuit -- Bender v. Mazda Motor Corporation, et al
Order of remand cannot be examined in a 60(b) motion after the remand has actually occurred.
Bender v. Mazda Motor Corporation, et al
Eleventh Circuit -- Doe v. Princess Cruise Lines, Ltd.
Some of the claims relating to a shipboard sexual assault of employee are covered by the arbitration provision in the employment agreement, some aren't - it's for the court to decide.
Doe v. Princess Cruise Lines, Ltd.
Ninth Circuit -- JOHNNY GONZALES V. ARROW FINANCIAL SERVICES, LLC
State law affords concurrent class-action remedy for FDCPA violations.
Dissent: Statutory language is parallel.
JOHNNY GONZALES V. ARROW FINANCIAL SERVICES, LLC
Dissent: Statutory language is parallel.
JOHNNY GONZALES V. ARROW FINANCIAL SERVICES, LLC
Ninth Circuit -- USA V. MARIO RIVERA
As deft pleaded to particulars of theft which established it as general fraud, the serious felony counts for the sentencing bump.
USA V. MARIO RIVERA
USA V. MARIO RIVERA
Ninth Circuit -- CONFEDERATED TRIBES AND BANDS V. CHRISTINE GREGOIRE
Burden of cigarette excise tax on sales to non-members of Indian nation does not fall upon the nation.
Concurrence: This would go better if we could perform standard economic analysis.
CONFEDERATED TRIBES AND BANDS V. CHRISTINE GREGOIRE
Concurrence: This would go better if we could perform standard economic analysis.
CONFEDERATED TRIBES AND BANDS V. CHRISTINE GREGOIRE
Ninth Circuit -- AL HARAMAIN ISLAMIC FOUNDATION V. UNITED STATES DEPARTMENT OF THE TREASURY
Substantial evidence supports designation of Islamic organization as terrorist.
Where government did not pursue additional mitigation measures after denying access to classified materials related to the decision (e.g. nonsecret summaries of classified information), Matthews v. Eldridge procedural DP violation.
Procedural DP violation in not presenting statement of reasons for decision.
Freezing assets without warrant violated 4A.
Barring speech on behalf of the designated organization (e.g. joint press conference) violates 1A.
AL HARAMAIN ISLAMIC FOUNDATION V. UNITED STATES DEPARTMENT OF THE TREASURY
Where government did not pursue additional mitigation measures after denying access to classified materials related to the decision (e.g. nonsecret summaries of classified information), Matthews v. Eldridge procedural DP violation.
Procedural DP violation in not presenting statement of reasons for decision.
Freezing assets without warrant violated 4A.
Barring speech on behalf of the designated organization (e.g. joint press conference) violates 1A.
AL HARAMAIN ISLAMIC FOUNDATION V. UNITED STATES DEPARTMENT OF THE TREASURY
Ninth Circuit -- USA V. FITCH
Sentencing court's drastic upwards departure from sentencing guidelines (while remaining within statute) on grounds that deft had committed the money laundering - by murdering his wife - upheld.
Dissent: Insufficient proof.
USA V. FITCH
Dissent: Insufficient proof.
USA V. FITCH
Seventh Circuit -- Patricia Clarett v. Steven Roberts
Where plaintiff in civil case preemptively introduces evidence of prior criminal conviction, appeal is waived on admissibility.
Police officer's testimony on tasering did not cross the line into expert testimony.
Excessive force instruction did not conflate plaintiff's false arrest claim with the wrongful force claim.
Three shocks from taser not a per se illicit use of force.
Patricia Clarett v. Steven Roberts
Police officer's testimony on tasering did not cross the line into expert testimony.
Excessive force instruction did not conflate plaintiff's false arrest claim with the wrongful force claim.
Three shocks from taser not a per se illicit use of force.
Patricia Clarett v. Steven Roberts
Seventh Circuit -- Charles Keller v. USA
Prisoner's habeus claim arguing that vacating of two ACCA predicates warranted resentencing denied, as the court vacating the decisions issued an order subsequent to the habeus filings retracting the earlier order with respect to three of the convictions due to a scriveners error.
Charles Keller v. USA
Charles Keller v. USA
Seventh Circuit -- Minn-Chem, Incorpora v. Agrium Inco
Complaint alleging potash price fixing insufficiently pleaded to qualify for direct effects exception in Foreign Trade Antitrust Improvements Act. The Act therefore bars the suit.
Minn-Chem, Incorpora v. Agrium Incorp.
Minn-Chem, Incorpora v. Agrium Incorp.
Seventh Circuit -- Bruce A. Williams v. Officer Jason Adams
Pauper plaintiff's inability to pay sanctions incurred by poor filings by contingency counsel is not a justification to dismiss the entire suit.
Bruce A. Williams v. Officer Jason Adams
Bruce A. Williams v. Officer Jason Adams
Sixth Circuit -- L. Daft v. Advest, Inc.
Sufficiency of plan to qualify under ERISA is a question for merits, not a jurisdictional bar.
Merely a colorable claim.
Should have been remanded to Committee after determination that committee's top hat analysis was flawed.
L. Daft v. Advest, Inc.
Merely a colorable claim.
Should have been remanded to Committee after determination that committee's top hat analysis was flawed.
L. Daft v. Advest, Inc.
Sixth Circuit -- Severe Records, LLC v. John Rich
Sending of a cease and desist letter triggers potential federal
jurisdiction under the Copyright Act and the Declaratory Judgment Act.
Artist's transfer of shared copyright interest to new management does not constitute infringement claim for other rights holders in the composition/recording.
Severe Records, LLC v. John Rich
Artist's transfer of shared copyright interest to new management does not constitute infringement claim for other rights holders in the composition/recording.
Severe Records, LLC v. John Rich
Third Circuit -- USA v. Asya Richardson
Third Circuit sever down at this writing - will fix if it comes back tonight.
USA v. Asya Richardson
USA v. Asya Richardson
Second Circuit -- Barrepski v. Capital One Bank
Claim survives 12(b)(6) under FCRA where bank refuses to adjust credit report after judgment against it where the consumer had not exhausted the bank's grievance procedure.
Mortgage denied based on report = injury.
Barrepski v. Capital One Bank
Mortgage denied based on report = injury.
Barrepski v. Capital One Bank
Second Circuit -- US v. Torres-Rosario
As-applied challenge to felon-in-possession statute TKO'd, as priors were for drug dealing, which is bad and potentially violent.
No error in referring to deft in closing as a drug dealer, as it was a common-sense inference.
Excluded statement useless and harmless.
Subsequent reversal on ACCA predicates justifies vacate & remand in the interest of justice, despite deft stipulating to ACCA priors at sentencing.
US v. Torres-Rosario
No error in referring to deft in closing as a drug dealer, as it was a common-sense inference.
Excluded statement useless and harmless.
Subsequent reversal on ACCA predicates justifies vacate & remand in the interest of justice, despite deft stipulating to ACCA priors at sentencing.
US v. Torres-Rosario
First Circuit -- US v. Mitrano
Jury could reasonably have believed that attorney deft willfully avoided challenged, out-of-state child support order.
On federal sufficiency of the evidence review, state guidelines and caselaw holding that income, not assets, are to be considered is not relevant, as nonpayment of any part of the obligation is sufficient.
No error in willful blindness instruction, despite deft stipulating as to knowledge.
No plain error in calculating sentence based on total arrearage.
US v. Mitrano
On federal sufficiency of the evidence review, state guidelines and caselaw holding that income, not assets, are to be considered is not relevant, as nonpayment of any part of the obligation is sufficient.
No error in willful blindness instruction, despite deft stipulating as to knowledge.
No plain error in calculating sentence based on total arrearage.
US v. Mitrano
Second Circuit -- Chen v. Holder
Asylum application - IJ finding of credibility not outweighed by insufficiency of documentation and supporting testimony.
Chen v. Holder
Chen v. Holder
Federal Circuit -- IN RE SHARED MEMORY GRAPHICS [ORDER]
District Court abused discretion in banning counsel who had formerly worked for codeft of deft in past suit - right to object had been covenanted away.
Dissent: Within discretion.
IN RE SHARED MEMORY GRAPHICS [ORDER]
Dissent: Within discretion.
IN RE SHARED MEMORY GRAPHICS [ORDER]
Federal Circuit -- MONSANTO CO v. BOWMAN
Unmarked seeds in elevator are an insufficiently general commodity to bar patent claim against farmer who plants them.
MONSANTO CO v. BOWMAN
MONSANTO CO v. BOWMAN
Federal Circuit -- SAMISH INDIAN NATION V. U.S.
The Tribal Priority Allocation system is insufficiently money-mandating to provide jurisdiction under the Tucker Act.
Anti-Deficiency Act does not bar recovery.
SAMISH INDIAN NATION V. U.S.
Anti-Deficiency Act does not bar recovery.
SAMISH INDIAN NATION V. U.S.
DC Circuit -- SEC v. Charles Johnson, Jr.
Co-conspirator theory of venue is not available for securities fraud civil enforcement actions under S78(a)
SEC v. Charles Johnson, Jr.
SEC v. Charles Johnson, Jr.
Eleventh Circuit -- Torey McKay v. USA
Where an ACCA predicate no longer obtains because of changes in the caselaw, an actual innocent habeus claim is inapposite.
Legal innocence, not actual innocence.
Legal innocence, not actual innocence.
Torey McKay v. USA
Eleventh Circuit -- Klaus Hofmann v. EMI Resorts, Inc.
Civil RICO consent order was properly consented to.
Klaus Hofmann v. EMI Resorts, Inc.
Eleventh Circuit -- Odyssey Marine Exploration, Inc. v. Kingdon of Spain
Wrecked Spanish warship immune from arrest under the Foreign Sovereign Immunity Act.
Odyssey Marine Exploration, Inc. v. Kingdon of Spain
Eleventh Circuit -- Douglas Asphalt Co., Joel Spivey, Kyle v. Qore, Inc., et al, Applied technical Serv, Inc.
Contractual and tort claims based on an alleged provision of faulty asphalt.
Douglas Asphalt Co., Joel Spivey, Kyle v. Qore, Inc., et al, Applied technical Serv, Inc.
Tenth Circuit - Note
After the initial day, there's no way of telling from the 10th Circuit website which opinions are precedential. So, if any of these opinions were precedential, our apologies for not inaccurately summarizing them here.
09/20/2011
10-6239 Yancey vs. Thomas
11-9500 Bakanovas vs. Holder, Jr.
11-6101 United States vs. Brown
09/21/2011
10-8106 United States vs. Pinon-Ayon
10-1538 Roth vs. Green
10-4113 Abbott vs. Mulligan
11-6210 In re: Rains vs.
10-6238 Bishop vs. Franklin
11-1336 Pinkey vs. Zavislan
09/20/2011
10-6239 Yancey vs. Thomas 11-9500 Bakanovas vs. Holder, Jr. 11-6101 United States vs. Brown09/21/2011
10-8106 United States vs. Pinon-Ayon 10-1538 Roth vs. Green 10-4113 Abbott vs. Mulligan 11-6210 In re: Rains vs. 10-6238 Bishop vs. Franklin 11-1336 Pinkey vs. ZavislanNinth Circuit -- GOPETS LTD. V. EDWARD HISE
Even though domain name was registered five years before the business was founded, re-registration violated anti-cybersquatting legislation.
GOPETS LTD. V. EDWARD HISE
GOPETS LTD. V. EDWARD HISE
Ninth Circuit -- STEVEN PRELLWITZ V. D. SISTO
No appellate jurisdiction over District Court order to hold new parole hearing.
Insufficiently final, as it did not order release as penalty for not holding hearing.
STEVEN PRELLWITZ V. D. SISTO
Insufficiently final, as it did not order release as penalty for not holding hearing.
STEVEN PRELLWITZ V. D. SISTO
Ninth Circuit -- HUBERT COLE V. ERIC HOLDER, JR.
BIA gave insufficient consideration to the possibility of torture upon return to Honduras.
Dissent: Majority reweighs the facts & substitutes their judgement for that of the agency.
HUBERT COLE V. ERIC HOLDER, JR.
Dissent: Majority reweighs the facts & substitutes their judgement for that of the agency.
HUBERT COLE V. ERIC HOLDER, JR.
Ninth Circuit -- FATHER M V. VARIOUS TORT CLAIMANTS
Bankruptcy court did not err in ordering disclosure of a name of an active priest suspected of abuse; error in ordering disclosure of retired priest's name.
FATHER M V. VARIOUS TORT CLAIMANTS
FATHER M V. VARIOUS TORT CLAIMANTS
Ninth Circuit -- SYLVESTER MAYA V. CENTEX CORPORATION
Homeowners have standing to claim that developers knowingly sold homes to people who were incapable of paying for them, thereby decreasing the economic value and desirability of the plaintiffs' homes.
SYLVESTER MAYA V. CENTEX CORPORATION
SYLVESTER MAYA V. CENTEX CORPORATION
Ninth Circuit -- DIANA KOLEV V. PORSCHE CARS NORTH AMERICA, IN
Skidmore-ish deference to FTC finding that pre-dispute mandatory arbitration provisions in Warranty Act not mandatory.
Dissent: I wouldn't do that if I were you.
DIANA KOLEV V. PORSCHE CARS NORTH AMERICA, IN
Dissent: I wouldn't do that if I were you.
DIANA KOLEV V. PORSCHE CARS NORTH AMERICA, IN
Thursday, September 22, 2011
Ninth Circuit -- MARIAM MARONYAN V. TOYOTA MOTOR SALES, U.S.A., IN
Warranty Act requirement of ADR not a jurisdictional bar.
Dissent: Absent exhaustion of FTC claims on warranty mechanism, plaintiff must pursue claim through company's mechanism.
MARIAM MARONYAN V. TOYOTA MOTOR SALES, U.S.A., IN
Dissent: Absent exhaustion of FTC claims on warranty mechanism, plaintiff must pursue claim through company's mechanism.
MARIAM MARONYAN V. TOYOTA MOTOR SALES, U.S.A., IN
Ninth Circuit -- USA V. CRISTOPHER IBARRA-PINO
No error in exclusion of evidence and instruction on duress where deft had reasonable opportunity to notify authorities.
Concurrence in J (K) - Hearsay, anyways.
USA V. CRISTOPHER IBARRA-PINO
Concurrence in J (K) - Hearsay, anyways.
USA V. CRISTOPHER IBARRA-PINO
Ninth Circuit -- ANDREA SHERMAN V. SECURITIES AND EXCHANGE COMMIS
Exception to bankruptcy discharge ban for securities violation only applies where debtor committed the violation.
Dissent - Not supported by text of statute.
ANDREA SHERMAN V. SECURITIES AND EXCHANGE COMMISSION
Dissent - Not supported by text of statute.
ANDREA SHERMAN V. SECURITIES AND EXCHANGE COMMISSION
Eighth Circuit -- Ellis Barber v. C1 Truck Driver Training LLC
Title VII suit TKO'd by non-pretextual employer justifications.
Ellis Barber v. C1 Truck Driver Training LLC
Ellis Barber v. C1 Truck Driver Training LLC
Eighth Circuit -- United States v. Jamie Smith
Gun + meth in the house = sentencing bump.
District Court did not err in entering money judgment in lieu of unrecoverable forfeit funds.
United States v. Jamie Smith
District Court did not err in entering money judgment in lieu of unrecoverable forfeit funds.
United States v. Jamie Smith
Eighth Circuit -- Cornelius Bennett v. Nucor Corporation
Title VII/S 1981 dismissal upheld.
The District Court did not employ a per se rule in admitting evidence of discrimination against nonparties.
Nonparty affidavits of discrimination against third parties not hearsay.
No error in denial of class of all african-american employees.
No error in summary judgement on S1981 & Title VII disparate impact claims.
Cornelius Bennett v. Nucor Corporation
The District Court did not employ a per se rule in admitting evidence of discrimination against nonparties.
Nonparty affidavits of discrimination against third parties not hearsay.
No error in denial of class of all african-american employees.
No error in summary judgement on S1981 & Title VII disparate impact claims.
Cornelius Bennett v. Nucor Corporation
Seventh Circuit -- USA v. Donald Kubeczko
Error in court lengthening sentence so that prisoner can receive treatment.
Determinations on fitness for release should generally be made shortly before release.
USA v. Donald Kubeczko
Determinations on fitness for release should generally be made shortly before release.
USA v. Donald Kubeczko
Seventh Circuit -- Meanith Huon v. Johnson & Bell,
District Court's stay under abstention was error - the roughly similar state court proceding does not relieve the federal court of the responsibility for jurisdiction.
(Law firm associate claiming performance evaluations were intentional infliction of emotional distress.)
Meanith Huon v. Johnson & Bell,
(Law firm associate claiming performance evaluations were intentional infliction of emotional distress.)
Meanith Huon v. Johnson & Bell,
Seventh Circuit -- USA v. Matthew Scott
Challenge to sentencing bump for defrauding 50+ TKO'd by PSR stipulation that deft defrauded 50+ people.
Note - open question as to whether more than 50 lost money on the deal.
Not substantively unreasonable.
USA v. Matthew Scott
Note - open question as to whether more than 50 lost money on the deal.
Not substantively unreasonable.
USA v. Matthew Scott
Seventh Circuit -- Joseph O'Leary v. Accretive Health
Title VII and S1981 retaliation claims TKO'd on summary judgment, as none of the behaviour observed and reported by the former employee were violations of the Acts.
Performance claims not pretextual.
Joseph O'Leary v. Accretive Health
Performance claims not pretextual.
Joseph O'Leary v. Accretive Health
Seventh Circuit -- Efrain Morales v. Yolande Johnson
No relief on ineffective assistance claim.
No proof proscs used perjured testimony.
Efrain Morales v. Yolande Johnson
No proof proscs used perjured testimony.
Efrain Morales v. Yolande Johnson
Seventh Circuit -- Dakota, Minnesota & v. Wisconsin Dakota, Minnesota & v. Wisconsin
Trade usage of moniker of company to denote its manufacturing plant not sufficiently established.
No trespass, as plaintiff didn't have exclusive right to the rail spur.
Dakota, Minnesota & v. Wisconsin
No trespass, as plaintiff didn't have exclusive right to the rail spur.
Dakota, Minnesota & v. Wisconsin
Seventh Circuit -- Susie Weitzenkamp v. Unum Life
Self-reported illness policy limitation does not apply to fibromyalgia, as it is independently ascertainable.
Lien on SSA proceeds kosher, as it's indirect.
Cross-appeal was illicitly seeking additional grounds of favorable judgment.
Benefits reinstated.
Susie Weitzenkamp v. Unum Life
Lien on SSA proceeds kosher, as it's indirect.
Cross-appeal was illicitly seeking additional grounds of favorable judgment.
Benefits reinstated.
Susie Weitzenkamp v. Unum Life
Sixth Circuit -- Richard Cole v. Commissioner of Social Security
Denial of benefits not supported by substantial evidence where views of treating physician are not accorded proper weight.
Richard Cole v. Commissioner of Social Security
Richard Cole v. Commissioner of Social Security
Sixth Circuit -- Lala Smith v. Wyeth, Inc.
State law failure-to-warn pharma claims preempted under Pliva.
Name-brand pharma manufacturers not liable for faults of derivative generics.
Lala Smith v. Wyeth, Inc.
Alice Wilson v. Pliva, Inc.
Dennis Morris v. Wyeth, Inc.
Name-brand pharma manufacturers not liable for faults of derivative generics.
Lala Smith v. Wyeth, Inc.
Alice Wilson v. Pliva, Inc.
Dennis Morris v. Wyeth, Inc.
Sixth Circuit -- USA v. Donnell Young
No 6A/statutory speedy trial violation. Eleven years from indictment to judgement.
3.5 month voir dire was not attempt to short-circuit statutory clock.
USA v. Donnell Young
3.5 month voir dire was not attempt to short-circuit statutory clock.
USA v. Donnell Young
Third Circuit -- In Re: Lemington Home
Given red flags, old-age home's directors not shielded under business judgement rule.
Whether board members benefited personally is a matter for trial - determines whether the adverse interest exception to in pari delicto applies.
In Re: Lemington Home
Whether board members benefited personally is a matter for trial - determines whether the adverse interest exception to in pari delicto applies.
In Re: Lemington Home
Third Circuit -- Shireesha Reddy Cheruku v. Atty Gen USA
Skidmore-ish deference to BIA finding that staute bars grant of lawful permanent residency.
BIA not estopped by prior representations.
Shireesha Reddy Cheruku v. Atty Gen USA
BIA not estopped by prior representations.
Shireesha Reddy Cheruku v. Atty Gen USA
First Circuit -- Zimmermann v. Epstein Becker and Green, P.C.
Constructive trust cannot claw back payments made to attorneys, et al., prior to beginning of trust.
Statutory claims cannot reach those monies either, given current form of pending class action..
Zimmermann v. Epstein Becker and Green, P.C.
Zimmermann v. BDO Seidman, LLP
Statutory claims cannot reach those monies either, given current form of pending class action..
Zimmermann v. Epstein Becker and Green, P.C.
Zimmermann v. BDO Seidman, LLP
First Circuit -- Portugues-Santana v. Rekomdiv International, Inc.
Jury finding of dolo upheld.
The standard of proof for dolo is vague.
Dolo.
Remand to determine if damages should be offset by other payments.
Portugues-Santana v. Rekomdiv International, Inc.
The standard of proof for dolo is vague.
Dolo.
Remand to determine if damages should be offset by other payments.
Portugues-Santana v. Rekomdiv International, Inc.
First Circuit -- Velazquez-Ortiz v. Vilsack
Title VII discrimination claim not properly exhausted.
Rejection for promotion 8 months after filing suit insufficient proof of retaliation, as no proof that supervisors knew of claim.
No reasonable factfinder would buy the ADEA claim.
Velazquez-Ortiz v. Vilsack
Rejection for promotion 8 months after filing suit insufficient proof of retaliation, as no proof that supervisors knew of claim.
No reasonable factfinder would buy the ADEA claim.
Velazquez-Ortiz v. Vilsack
First Circuit -- US v. Hersom
Statute making it a crime to burn a building whose owners receive federal assistance applies during the entire pendency of the loan, no matter that the final disbursement had been made.
US v. Hersom
US v. Hersom
Second Circuit -- UBS Fin. Servs. Inc. v. West Virginia Univ. Hosps., Inc.
Issuer of securities is a customer under FINRA rules given ancillary elements of transaction, arbitration required.
Validity of forum selection clause a matter for arbitration.
Dissent - FINRA rules might not bind beyond the immediate transaction; injunction barring arbitraiton pending resolution of claim justified.
UBS Fin. Servs. Inc. v. West Virginia Univ. Hosps., Inc.
Validity of forum selection clause a matter for arbitration.
Dissent - FINRA rules might not bind beyond the immediate transaction; injunction barring arbitraiton pending resolution of claim justified.
UBS Fin. Servs. Inc. v. West Virginia Univ. Hosps., Inc.
Second Circuit-- United States v. al Kassar
Statute barring conspiracy to kill Americans applies extraterritorially.
Jurisdictional nexus defined by aims of conspiracy.
Entrapment and unproved element challenges rejected.
No outrageous conduct in extended sting operation.
No error in denying pretrial hearing on jurisdictional defenses, as no material facts at issue.
No constitutional or legal error in barring classified evidence of prior good acts.
Conspiracy to acquire SAM's is a crime, since the statute uses the word conspiracy.
Authorization by undercover agents doesn't mean that the arms deal was approved by the US.
Both elements of statutory scienter were in the instructions, though not divided into two parts.
Evidence sufficient unto the conviction.
United States v. al Kassar
Jurisdictional nexus defined by aims of conspiracy.
Entrapment and unproved element challenges rejected.
No outrageous conduct in extended sting operation.
No error in denying pretrial hearing on jurisdictional defenses, as no material facts at issue.
No constitutional or legal error in barring classified evidence of prior good acts.
Conspiracy to acquire SAM's is a crime, since the statute uses the word conspiracy.
Authorization by undercover agents doesn't mean that the arms deal was approved by the US.
Both elements of statutory scienter were in the instructions, though not divided into two parts.
Evidence sufficient unto the conviction.
United States v. al Kassar
Announcement
The management of the site wishes to announce that due to entirely foreseen circumstances, tonight's posts aren't going to happen. Tomorrow's posts will incorporate today's opinions as well as whatever opinions for yesterday that were not posted. The management has absolutely no regret for any inconvenience caused, and is certain to do something like this again quite soon.
Second Circuit -- Amnesty Int’l USA et al. v. Clapper et al.
83 Page denial of en banc, including controlling opinion.
Holding of earlier decision was basically that group had standing for facial challenge to congressional surveillance act because of fear of surveillance and costs incurred in avoiding the possibility.
Amnesty Int’l USA et al. v. Clapper et al.
Holding of earlier decision was basically that group had standing for facial challenge to congressional surveillance act because of fear of surveillance and costs incurred in avoiding the possibility.
Amnesty Int’l USA et al. v. Clapper et al.
Wednesday, September 21, 2011
Tech issues...
Serendipitously, tech issues have appeared just as I decided to abandon this for the evening. Rest of the 7th, 8th, 9th, 11th & Fed. Ct. posted tomorrow. ###
Seventh Circuit -- Bruce McCree v. Lieutenant Grissom
Multiple motions and claims based on denial of access to the courts TKO'd since prisoner was able to file multiple motions and claims.
Bruce McCree v. Lieutenant Grissom
Bruce McCree v. Lieutenant Grissom
Sixth Circuit -- Lucius Crump v. Blaine Lafler
Michigan's parole system does not create a liberty interest in expected parole given uncertainty & discretion.
Dissent - Statutory presumption that parole will be granted to high-probability candidates.
Lucius Crump v. Blaine Lafler
Dissent - Statutory presumption that parole will be granted to high-probability candidates.
Lucius Crump v. Blaine Lafler
Third Circuit -- Minard Run Oil Company v. US Forest Service
District Court injunction upheld barring the Forest Service from holding off on drilling permits until environmental impact study is completed.
Minard Run Oil Company v. US Forest Service
Minard Run Oil Company v. US Forest Service
Second Circuit -- Red Earth LLC v. USA
No abuse of discretion in preliminary injunction barring implementation of tobacco excise measure.
Red Earth LLC v. USA
Red Earth LLC v. USA
Second Circuit -- United States v. Thomas Archer
No error in instruction on knowledge of visa fraud by attorney - general knowledge instruction did not prompt jury towards implying actual knowledge given small size of solo practitioner's office.
No error in denial of instruction that atty's are not held to a higher standard of truth-seeking with respect to client statements.
Sufficient evidence for the jury to find that attorney knew of visa applications.
Error in hundred document, & obstruction of justice sentencing bumps.
United States v. Thomas Archer
No error in denial of instruction that atty's are not held to a higher standard of truth-seeking with respect to client statements.
Sufficient evidence for the jury to find that attorney knew of visa applications.
Error in hundred document, & obstruction of justice sentencing bumps.
United States v. Thomas Archer
Tuesday, September 20, 2011
Federal Circuit -- IN RE LEITHEM
Although the Board cited the same prior art and statute as the examiner, the grounds were different enough to justify remand so that claimant can respond properly.
IN RE LEITHEM
IN RE LEITHEM
Eleventh Circuit -- USA v. Kifah Wael Jayyousi
Convictions of defts (including Jose Padilla) upheld, remand for sentencing adjustment.
(112 pp. )
Dissent: "Hard facts make bad law." Agent testimony was closing in disguise.
(112 pp. )
Dissent: "Hard facts make bad law." Agent testimony was closing in disguise.
USA v. Kifah Wael Jayyousi
Eleventh Circuit -- Trailer Bridge, Inc. v. Illinois National Insurance Company
No duty to defend, as CEO statement was not an advertisement.
Trailer Bridge, Inc. v. Illinois National Insurance Company
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