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
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