Wednesday, October 12, 2011

Federal Circuit -- ROBERT BOSCH LLC. V. PYLON MANUFACTURING CORP.

Lower court erred in not issuing temporary injunction for patent infringement, given clear irrepearble harm from loss of market share.

Good overview of post-Ebay injunciton law, patent-ways.

ROBERT BOSCH LLC. V. PYLON MANUFACTURING CORP.

DC Circuit -- USA v. Bryan Burwell

Going to en banc & rebriefing.

USA v. Bryan Burwell

Eleventh Circuit -- Camilo Ernesto Sanchez Fajardo v. U.S. Atty. Gen.

BIA erred in going beyond modified categorical approach by examining particulars of offense in determining that False Imprisonment conviction was a crime of moral turpitude.

Camilo Ernesto Sanchez Fajardo v. U.S. Atty. Gen.

Ninth Circuit -- STEVEN JAMES V. DORA SCHRIRO

Habeus granted for ineffective assistance in penalty phase.

Claim not procedurally barred, as no firmly established state procedural rule at the time.  Raised in first State PCR, and therefore barred by "law of case" in subsequent PCR, which therefore cannot be grounds for waiver.

STEVEN JAMES V. DORA SCHRIRO

[Thou shalt not kill.  - TMB]

Ninth Circuit -- RUSSELL COUNTRY SPORTSMEN V. USFS

Wilderness plan offends neither NEPA nor state law by further restricting motorized activity.

RUSSELL COUNTRY SPORTSMEN V. USFS

Eighth Circuit -- Patti J. Sullivan v. Raymond Welsh

 Decision to transfer property that otherwise would be exempt under state homestead exemption means that Bankruptcy Code fraudulent transfer provisions apply.

"No harm, no foul" rejected.

Patti J. Sullivan v. Raymond Welsh

Fifth Circuit -- In Re: Cecil Bradford

Republished.  Possibly, errata?


In Re: Cecil Bradford

Third Circuit -- Jane Doe v. County of Luzerne

District Court erred in dismissing 14A privacy claim, as police officer undergoing unclothed de-fleaing in decontamination chamber had a cognizable interest.

As videotaping of officer was not undertaken in the furtherance of an investigation, 4A not implicated.

No error in dismissal of failure to train claim.

Jane Doe v. County of Luzerne

Third Circuit -- Nicole Delalla

Thirty day window to remove to state court runs from service on individual deft, not first deft in suit.

Nicole Delalla

Nicole Delalla v. Hanover Ins Co

First Circuit -- US v. Garcia-Hernandez

Categorically, violations of knock & announce do not exclude evidence in subsequent lawful search.

Exclusionary remedy not available for 4A excessive force claims.

Management sentencing bump applies so long as deft supervises at least one of the group.

Concurrence - Expounding further upon the Constitution would give the police brighter lines.

US v. Garcia-Hernandez

First Circuit -- Colon-Fontanez v. Municipality of San Juan

Insufficient information in record to overrule finder of fact's holding that exhibits offered in evidence weren't properly translated.

No error in court's allowance of paralegal-prepared chart summarizing voluminous writings.

Employee's excessive absences TKO qualified individual status under ADA.

Retaliation claim TKO'd for causation.  No error in dismissal of hostile work environment claim.

Colon-Fontanez v. Municipality of San Juan

First Circuit -- US v. Rogers

Erratum.

US v. Rogers

Second Circuit -- Joseph, et. al v. Hyman, et. al

District Court correctly dismissed federal challenge to state Manhattan parking tax.  

Tax Injunction Act limits remedies; Abstention for comity.

Joseph, et. al v. Hyman, et. al
Compiled by D.E. Frydrychowski, who is, not incidentally, not giving you legal advice.

Category tags above are sporadically maintained Do not rely. Do not rely. Do not rely.

Author's SSRN page here.