No basis to review arbitration award, as all issues were properly submitted.
Monday, October 17, 2011
Eleventh Circuit -- White Springs Agricultural Chemicals, Inc. v. Glawson Investments Corp.
No basis to review arbitration award, as all issues were properly submitted.
Tenth Circuit -- Dish Network Corporation v. Arch Specialty Insurance Co.
Patent infringement can trigger duty to defend by way of an advertising injury claim.
Dish Network Corporation v. Arch Specialty Insurance Co.
Dish Network Corporation v. Arch Specialty Insurance Co.
Tenth Circuit -- Cordova-Soto v. Holder, Jr.
BIA holding that a procedurally correct but substantively unlawful entry into the country was an illegal entry is not unreasonable.
Cordova-Soto v. Holder, Jr.
Cordova-Soto v. Holder, Jr.
Ninth Circuit -- TROY MATTOS V. DARREN AGARANO
Qualified immunity to tasering police officers.
Concurrence: A pregnant woman parked in front of a school was tasered for refusing to sign a parking ticket or get out of her car.
Concur/Dissent (Chief K): Ever tried to get a pregnant woman out of a car?
Concur/Dissent: Disputed issues of material fact in one of the cases.
TROY MATTOS V. DARREN AGARANO
Concurrence: A pregnant woman parked in front of a school was tasered for refusing to sign a parking ticket or get out of her car.
Concur/Dissent (Chief K): Ever tried to get a pregnant woman out of a car?
Concur/Dissent: Disputed issues of material fact in one of the cases.
TROY MATTOS V. DARREN AGARANO
Eighth Circuit -- Libertarian Party of ND v. Alvin Jaeger
Substantial burden of requiring primary candidates to score 1% of the vote to get on the ballot is justified by state interests.
No unconstitutional burden in limiting voters to one primary election.
As law applies equally, not equal protection violation.
Libertarian Party of ND v. Alvin Jaeger
No unconstitutional burden in limiting voters to one primary election.
As law applies equally, not equal protection violation.
Libertarian Party of ND v. Alvin Jaeger
Eighth Circuit -- Kendrick Story v. David Norwood
Although presence of injury is not a threshold requirement for claim against prison guard for violence, lack of injury can disprove prisoner's claim.
Kendrick Story v. David Norwood
Kendrick Story v. David Norwood
Fifth Circuit -- USA v. Robert Macias, Jr.
Series of irrelevant questions during Terry stop unconstitutionally prolonged it.
USA v. Robert Macias, Jr.
USA v. Robert Macias, Jr.
Fifth Circuit -- Noel Austin v. Burl Cain, Warden
No double jeopardy where there is a possible theory of the second crime that does not involve the first being a predicate for it.
Concurrent sentence doctrine declined.
Noel Austin v. Burl Cain, Warden
Concurrent sentence doctrine declined.
Noel Austin v. Burl Cain, Warden
Fifth Circuit -- Countrywide Home Loans v. Lawrence Velazquez, et a
Fifith Circuit -- Spencer ad hoc Equity Com v. Idearc, Incorporated
Equitable mootness (not Article III mootness) TKO's challenge to bankruptcy plan.
Spencer ad hoc Equity Com v. Idearc, Incorporated
Spencer ad hoc Equity Com v. Idearc, Incorporated
Fifth Circuit -- Dewey Weaver v. Texas Capital Bank, N.A.
Debtor's claim that surrender of collateral satisfies required payout under Plan, though not barred by Rooker-Feldman, is barred by res judicata.
Surrender of collateral is a defense to payment - claim was waived when not raised in bankruptcy court.
Dewey Weaver v. Texas Capital Bank, N.A.
Surrender of collateral is a defense to payment - claim was waived when not raised in bankruptcy court.
Dewey Weaver v. Texas Capital Bank, N.A.
Secind Circuit -- Giovanniello v. ALM Media, LLC
TCPA claims borrow the statute of limitations of the forum state where there is a specific SOL for the violation charged.
Concur in J: No need to reach, claim is stale in either case.
Giovanniello v. ALM Media, LLC
Concur in J: No need to reach, claim is stale in either case.
Giovanniello v. ALM Media, LLC
Second Circuit -- Collazo v. Pagano
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