Federal Circuit -- ULTRAMERCIAL, LLC. V. HULU, LLC.

System of providing internet AV content in exchange for ads is not too abstract to be patented.

ULTRAMERCIAL, LLC. V. HULU, LLC.

Ninth Circuit -- UTAM, Ltd. v. Commissioner, IRS

Errata

UTAM, Ltd. v. Commissioner, IRS

Ninth Circuit -- BRENDA MARIE JONES

At confirmation of Chapter 13 plan, at least some of the estate vested in the debtor, and the tax man could have taken his bit.  As he didn't, and the case is past the three year look-back, the debt is discharged in the present Chapter 7 plan.

BRENDA MARIE JONES

Ninth Circuit -- USA V. PABLO RUIZ-APOLONIO

Forcible rape is categorically a crime of violence for purposes of sentencing enhancement.

USA V. PABLO RUIZ-APOLONIO

Ninth Circuit -- USA V. ALBERTO AYALA-NICANOR

Willful infliction of corporal injury on a spouse remains categorically a crime of violence for purposes of sentence enhancement.

USA V. ALBERTO AYALA-NICANOR

Ninth Circuit -- USA V. HOMERO TAFOYA-MONTELONGO

Attempted sexual abuse of a child is a crime of violence for purposes of sentence enhancement.

USA V. HOMERO TAFOYA-MONTELONGO

Ninth Circuit -- ENRIQUE TRIGUEROS V. DERRAL ADAMS

Request for informal briefing on merits by government establishes timeliness of habeus petition.

Timeliness was briefed, and was the RFD of lower court denial.

Court takes judicial notice of these filings.

ENRIQUE TRIGUEROS V. DERRAL ADAMS

Ninth Circuit -- USA V. RICARDO MARTINEZ

Errata.

USA V. RICARDO MARTINEZ

Ninth Circuit -- HABIBI V. HOLDER

For purposes of assessing whether an alien has committed a crime for which the term of imprisonment is at least a year, leap years don't count.  365 flat.

HABIBI V. HOLDER

Ninth Circuit -- KATHLEEN NICHOLS V. LAURA DANCER

A government worker has a protected First Amendment interest in the ability to silently sit next to her boss before the school board fires him.

KATHLEEN NICHOLS V. LAURA DANCER

Ninth Circuit -- HENRY SAMUELI V. CIR

A purported securities loan with a fixed term of at least 250 days and possibly as long as 450 days, entered into not for the purpose of providing the borrower with access to the lent securities, but instead for the purpose of avoiding taxable income for the lender (does not qualify) for nonrecognition treatment as a securities loan pursuant to § 1058 of the Internal Revenue Code.

HENRY SAMUELI V. CIR

Eighth Circuit -- Lisa Schmidt v. Des Moines Public Schools

Noncustodial out of state parent didn't incur loss of due process when denied a single three hour visitation.

Post-deprivation hearing suffices for procedural due process where visitation terminated.

Lisa Schmidt   v.   Des Moines Public Schools

Eighth Circuit -- Semi-Materials Co., Ltd v. MEMC Electronic Materials, Inc

When reckoning commissions, 'delivered by' may not actually require delivery - another carrier might ship.  It's an issue for trial.

Jury could rightly find that vendor had apparent authority.


Semi-Materials Co., Ltd   v.   MEMC Electronic Materials, Inc

Eighth Circuit -- United States v. Mark Rublee

 If sentence imposed according to law, deft cannot challenge amount of 35(b) reduction.

United States v. Mark Rublee

Seventh Circuit -- Frank Van Den Bosch v. Rick Raemisc

Qualified immunity for prison staff who banned prisoner advocacy newsletter.

Ban on third-party correspondence with other inmates (documents passed through an intermediary) upheld.

Frank Van Den Bosch v. Rick Raemisc

Seventh Circuit -- Cheryl Burns v. Orthotek, Inc

Although ERISA requires that any transfer of benefits authorization must be witnessed, where the participant (here also the representative) submits the form with the signature of the authorizing party, the submittal operates as a witnessing.

Cheryl Burns v. Orthotek, Inc

Seventh Circuit -- USA v. Kenneth Clark

Probable cause for search of truck, as although CI was a newbie and got a few facts wrong, police listened in on the conversation where the CI set up the buy with the deft.

No error in limiting cross when it got too personal for witness - ample opportunity to impeach other ways.

USA v. Kenneth Clark

Seventh Circuit -- Herman Nelson v. Janet Napolitano

Voluntarily dismissed suit cannot be reinstated under 60(b) except in extraordinary circumstances.

As counsel misread 60(b) and made a strategic decision to not reveal reasons for staying action, this one doesn't qualify as extraordinary.

Herman Nelson v. Janet Napolitano

Fifth Circuit -- George Dulin v. Bd of Cmsnr of the Greenwood

Proof of discrimination and evidence of pretextual nature of employer's justification for termination creates a triable issue.

Brief per curiam - earlier opinion vacated.

George Dulin v. Bd of Cmsnr of the Greenwood

Fifth Circuit -- Richard Frame, et al v. City of Arlington

 ADA Title II provides a private right of action against governments that construct inaccessible sidewalks and parking lots - the right accrues when the potential plaintiff knows or should have known of the inaccessibility.

Dissent: Statute only refers to public "services" - a sidewalk is not a service.

Richard Frame, et al v. City of Arlington

Third Circuit -- USA v. Vincent Fumo

Errata.

USA v. Vincent Fumo

Third Circuit -- USA v. Ruth Arnao

Errata


USA v. Ruth Arnao

Second Circuit -- Hill v. Curcione.

Untimely prisoner grievance meets exhaustion requirements if accepted and handled by administration.

No deliberate indifference on part of docs.

Claims against one employee not exhausted, as prison grievance didn't mention him.



Hill v. Curcione.

Second Circuit -- Commodity Futures Trading Commission v. Walsh, et al.

As NY Court of Appeals has now held that divorce agreement can cleanse the transferred fruits of fraud where the receiving spouse gets the funds in exchange for valuable consideration, District Court injunctions are out the window.

Commodity Futures Trading Commission v. Walsh, et al.

9/14 8th 9th and 10th Circuit Opinions Posted 9/15

[TMB had to knit up the ravelled sleeve of care.]

Seventh Circuit -- Jamie Jardine v. Mike Dittmann

 Withheld trace evidence of prostitution on the sheets not sufficiently material for Brady claim.

Jamie Jardine v. Mike Dittmann

Sixth Circuit -- Maria Arnold v. James Wilder

Possible lack of probable cause to arrest where mother argues with policeman over rowdy kids.  (Mother subsequently allegedly tackled, placed in choke-hold, handcuffed, put in patrol car and pepper-sprayed.)

Arresting officer can be liable for malicious prosecution.

Introduction of covenant not to sue generated during criminal process was proper, as it went to malicious prosecution - not in for the usual reasons settlement offers are in for.

Remittur was appropriate, but too large.

Maria Arnold v. James Wilder

Sixth Circuit -- USA v. Gary Dudeck, Jr.

Remand to see if receipt of pr0n and possession of same was separate conduct or double jeopardy.

Sentence not procedurally/substantively unreasonable.

USA v. Gary Dudeck, Jr.

Fourth Circuit -- Lori Kennedy v. St. Joseph's Ministries, Inc

Religious organization exemption in Title VII bars suit for dismissal and consequent harms.

Dissent - Interlocutory appeal to resolve is inappropriateness - should remand to see if merits survive summary judgment.

Lori Kennedy v. St. Joseph's Ministries, Inc

Third Circuit -- Township of Lyndhurst v. Priceline.com Inc

District Court was correct to bar suit by municipality against merchant for tax that the state was charged with collecting.  (Prudential standing.)

Township of Lyndhurst v. Priceline.com Inc

[Though this decision is marked as released today, TMB knows he has read it before - possibly an errata?]

First Circuit -- PowerComm, LLC v. Holyoke Gas & Electric

SS1981/1983 Claims that contractor was terminated due to racial discrimination TKO'd by lack of showing of harm - the termination was a standstill following a major accident, and the subsequent contract award wasn't guaranteed.

No hostile work environment for named plaintiff (the company) - proof by individual worker insufficient.


 PowerComm, LLC v. Holyoke Gas & Electric

First Circuit -- Airframe Systems, Inc. v. L-3 Communications

As plaintiff did not provide copies of the registered work in copyright infringement pleadings, District Court was right to TKO the claim for lack of proof of substantial similarity.

No error in not granting fees to prevailing party.

Airframe Systems, Inc. v. L-3 Communications

First Circuit -- Coscia v. Town Of Pembroke, MA

No Due Process violation for S1983 action when arrestee commits suicide 14 hours after release.

Coscia v. Town Of Pembroke, MA

Second Circuit -- Downs v. Lape

New York rule requiring contemporaneous objection to preserve public trial claim for state habeus serves a legitimate end.

Dissent: Exclusion of family members was exorbitant error.

Downs v. Lape