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

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.

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

Tenth Circuit -- Southern Ute Indian Tribe v. Sebelius

HHS is required to enter into contract with tribe to allow the tribe to take over health care provisioning.


Southern Ute Indian Tribe v. Sebelius

Ninth Circuit -- JUAN TAPIA LUNA V. ERIC H. HOLDER JR.

Statutory deadline in Immigration Act is valid.

JUAN TAPIA LUNA V. ERIC H. HOLDER JR.

Ninth Circuit -- INTERMOUNTAIN FAIR HOUSING V. BOISE RESCUE MISSION

Sectarian drug treatment center and homeless shelter can show preference to those of its religion.

No violation of FHA.

INTERMOUNTAIN FAIR HOUSING V. BOISE RESCUE MISSION

Ninth Circuit -- USA V. JERRY POOL

Order.

USA V. JERRY POOL

Seventh Circuit -- H. Stanard v. Keith Nygren

Extraordinarily bad briefs TKO claim and prompt order to show cause why atty should not be disbarred.

H. Stanard v. Keith Nygren

Seventh Circuit -- Quality Oil, Incorpo v. Kelley Part

Handwritten notation added to contract is too counterintuitive to be enforced.

Quality Oil, Incorpo v. Kelley Part

Seventh Circuit -- David Show v. Ford Motor Company

Defective design claims under Illinois law require expert testimony.

David Show v. Ford Motor Company

Fifth Circuit -- In Re: Tony Sparks

Second or successive habeus permitted -- Scotus holding in Graham is a new rule entitled to retroactive enforcement.

In Re: Tony Sparks

Fifth Circuit -- George Williams v. Executive Risk Spclt Ins Co.

Remand justified under CAFA due to local controversy exception.

Arbitration is not a class-action based activity, it therefore does not frustrate the remand.

George Williams v. Executive Risk Spclt Ins Co.

Fifth Circuit -- USA v. Patrick Conn

No error in calculation of meth amounts.

No substantive error in sentence as comparator was not a managerial-type in the operation.

Ineffective assistance beat pursued on collateral appeal.

USA v. Patrick Conn

Fifith Circuit -- Tommy Tolbert v. National Union Fire Insurance

 Insufficient contradition/ambiguity in insurance plan to justify state statutory claim.


Unconscionability claim TKO'd, as the conduct was not at the time of the sale, as Texas law requires.

Tommy Tolbert v. National Union Fire Insurance

Fifith Circuit -- PACE v. Exxon Mobil Corp.

Union cannot compel arbitration on grievances given good-faith claim threshold requirement in the CBA.


PACE v. Exxon Mobil Corp.

Fourth Circuit -- Mohammed Aziz v. Alcolac, Incorporated

Torture Victims Protection Act does not apply to corporations.

Plain language of Act.

Aiding and Abetting covered by Alien Tort Statute.

Requisite intent standard from the Rome Statute.


Mohammed Aziz v. Alcolac, Incorporated

Third Circuit -- Carlen Higgs v. Atty Gen USA

Order, caption change.

Carlen Higgs v. Atty Gen USA

First Circuit -- Haley v. City of Boston

Qualified immunity to police on Brady claim, as it had not yet been extended past prosecutors.

No qualified immunity on deliberate suppression.

No immunity for municipality

Haley v. City of Boston

First Circuit -- US v. Luna

Errata.

US v. Luna

Second Circuit -- Tchitchui v. Holder

Opening a profitable internet cafe in Guatemala counts as permanent settlement in a third country, and can bar asylum claim.

Tchitchui v. Holder

Second Circuit -- United States v. Elbert

When deft's counsel files Anders motion and there are no non-frivolous issues for appeal, remand is not required if sentence departs downward from guidelines without explanation.  Game over.


Gov't had filed motion for summary affirmance.



United States v. Elbert