Saturday, September 10, 2011

Federal Circuit -- MARKEM-IMAJE CORP. V. ZIPHER LTD.

Patent Construction - "Drive" can refer either to the application of force or the stopping of motion.

Dissent: Necessary, predicate aspect suffices to establish scope of invention.

MARKEM-IMAJE CORP. V. ZIPHER LTD.

Ninth Circuit -- HILDA SOLIS V. STATE OF WASHINGTON DEPARTMENT

Social workers don't come under the learned professional exception to FLSA - no need for a specific degree.

HILDA SOLIS V. STATE OF WASHINGTON DEPARTMENT

Ninth Circuit -- USA V. SIMON MCCARTY

Errata

USA V. SIMON MCCARTY

Ninth Circuit -- SANTIAGO-RODRIGUEZ V. HOLDER

Deft's earlier admission to BIA held to be result of ineffective assistance, and deft can therefore withdraw it. 

Dissent: No proof it's false; no egregious circumstances.

SANTIAGO-RODRIGUEZ V. HOLDER

Eighth Circuit -- Rosalind Brooks v. Midwest Heart Group

 Partial reversal of dismissal of Title VII claims, as court did not convert motion to dismiss to motion for summary judgment after considering facts beyond the pleading.

Court can possibly avoid need for notice of conversion if it only considers things in the public record.

Rosalind Brooks v. Midwest Heart Group
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.