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.
Wednesday, October 12, 2011
Federal Circuit -- ROBERT BOSCH LLC. V. PYLON MANUFACTURING CORP.
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]
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
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
"No harm, no foul" rejected.
Patti J. Sullivan v. Raymond Welsh
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
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
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
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
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
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
Tax Injunction Act limits remedies; Abstention for comity.
Joseph, et. al v. Hyman, et. al
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