Federal Circuit -- KIMBERLY-CLARK WORLDWIDE, INC. V. FIRST QUALITY BABY PRODUCTS, LLC. [ORDER]

Denial of rehearing en banc.

Dissent: Controlling precedent requires that likely eventual success on merits be considered at issuance of preliminary injunction - this should go beyond merely the existence of a colorable argument for nonmovant.

Dissent:  Patent law shouldn't have sui generis scheme for assessing preliminary injunctions

KIMBERLY-CLARK WORLDWIDE, INC. V. FIRST QUALITY BABY PRODUCTS, LLC. [ORDER]

Ninth Circuit -- LOG CABIN REPUBLICANS V. USA

Don't Ask Don't Tell challenge moot.

No collateral consequences, potential for Congressional repetition unclear.

Vacatur to District Court, with unusually strong language about precedential value of prior lower court holding.

Concurrence : Extensive disquisition on Lawrence.

LOG CABIN REPUBLICANS V. USA

Seventh Circuit -- Cedar Farm, Harrison v. Louisville

Ejectment for damage to property is not justified where lease has a compensation provision that has not been shown to be futile.


Cedar Farm, Harrison v. Louisville Gas & Electric

Sixth Circuit -- In re: Treasure Isles

For purposes of the statutory deadline, trustee assumes lease upon motion to do so.


In re: Treasure Isles

Sixth Circuit -- Nidal Bazzi v. City of Dearborn

Plaintiff alleges traffic stop was engineered in order to send him back to prison.

Sufficient evidence for civil conspiracy for 2/3 of defts.

Stop was not justified under 4A.

No qualified immunity.

Nidal Bazzi v. City of Dearborn

Fifth Circuit -- Doug Morgan, et al v. Plano Independent School Dis

 Qualified immunity to elementary school principals for restricting religious-themed gift-giving.

Divided panel seems to suggest that the restrictions would not have passed Constitutional muster.

(Jigsaw of concurrences, special concurrences, and split majorities.)

Doug Morgan, et al v. Plano Independent School Dist.

Third Circuit -- Natl City Mtg Co v. Brian Stephen

Errata.

Natl City Mtg Co v. Brian Stephen

Third Circuit -- Karen V. Cappuccio v. Prime Capital Funding, LLC. et

Erratum.


Karen V. Cappuccio v. Prime Capital Funding, LLC. et

First Circuit -- Asociacion de Suscripcion Conj v. Juarbe-Jimenez

A facial 5A Takings Clause challenge to statute bith accrues and becomes ripe upon either enactment or effective date.

Court declines to say which of the two.

Asociacion de Suscripcion Conj v. Juarbe-Jimenez

First Circuit -- US v. Collazo-Castro

Administrative warrant suffices for revocation of supervised release.

Circuit split signalled.

Oath/affirmation not required.


US v. Collazo-Castro

First Circuit -- Rodriguez-Sanchez v. Municipality of Santa Isabel

No requirement for pre-discharge process, as the layoffs were part of a governmental reorganization.

Rodriguez-Sanchez v. Municipality of Santa Isabel

Second Circuit -- United States v. Roberts

Deft's proffer statements were not unduly economically coerced.  

District Court applied the correct standard, only focusing on the potential loss of work because it was the harm that deft had claimed.

Proffer statements appropriately admitted, as the R.410 waiver was good, and the statements were used to rebut deft's claims.

No error in imposing the 'position of responsibility' sentencing bump.

Remand to clarify why trial court sentenced according to retail as opposed to wholesale value of the cocaine.


United States v. Roberts