Federal Circuit -- POWERTECH TECHNOLOGY INC. V. TESSERA, INC.

Where liability for licensing payments is at issue, sufficient declaratory judgment controversy exists - company does not have to breach license before seeking declaratory judgment on the validity of the underlying patent.

District Court should have enforced forum selection clause.

POWERTECH TECHNOLOGY INC. V. TESSERA, INC.

Eleventh Circuit -- Findwhat Investor Group v. Findwhat.com et al

Even though there was no change in the stock price after the misleading disclosure, as it was a reinforcement of an already-inflated stock price, the statement is actionable under 10(b).

Not disclosing materially adverse situation while claiming processes are in place to prevent it is actionable under 10(b).  (But here, no scienter.)

CEO's representation of profitability not actionable, even though part of the profits were from click fraud, since it was a statement of the company's general financials.

Findwhat Investor Group v. Findwhat.com et al

Tenth Circuit -- Luevano v. Holder, Jr.

Allegedly race-based stop did not rise to the 'fundamentally unfair' standard for exclusion from BIA proceedings.

No error in denial of continuance pending adjustment of status.

Luevano v. Holder, Jr.

Ninth Circuit -- USA V. CHRISTOPHER KORTLANDER

After the investigation has finished, the public has a qualified common-law right of access to materials filed in support of a warrant.

Court must make specific findings in support of any restrictions on the right.

USA V. CHRISTOPHER KORTLANDER

Ninth Circuit -- USA V. PETER KRUPA

An investigator's affadavit reporting "suspected contraband" image in a residence with multiple computers to which police had responded to investigate a report of child neglect was sufficient probable cause for warrant.

Dissent: Investigator's description of single image is insufficient probable cause for warrant.

USA V. PETER KRUPA

Eighth Circuit -- United States v. Michael Borromeo

 Within-guidelines sentence substantively upheld.

Court did not give too much weight to [rather bad] uncharged offenses.

United States v. Michael Borromeo

Eighth Circuit -- Tactical Stop-Loss, LLC v. Travelers Casualty and Surety

 Where an insurance policy bars claims resulting from embezzlement by officers or those working with them, a claim basing a loss on the actions of a non-employee working with an officer is barred by the terms.

No need to look outside the four corners.

Reasonable expectations test of no avail.

Tactical Stop-Loss, LLC v. Travelers Casualty and Surety

Fifth Circuit -- Antonio Juarez v. Brownsville Indep School Dist,

 Denial of qualified immunity upheld, as relevant District Court findings of fact can't be questioned in interlocutory appeal.

Adverse employment decisions can be taken informally.


Antonio Juarez v. Brownsville Indep School Dist

Fifth Circuit -- Southgate Master Fund, L.L.C. v. USA

While the transaction had economic substance, the effectuating partnership was a sham. (A sham, I tells ya.)

Proper recategorization is that the transaction was an acquisition by the principals of the partnership.

Southgate Master Fund, L.L.C. v. USA

Second Circuit -- Maslow v. Board of Elections, NYC

Requiring that signatures on a nominating petition be from voters of the same political party as the nominee does not unduly burden 1A speech and association rights of voters.


Maslow v. Board of Elections, NYC