Limited Serice continues

Entirely unreliable headlines only, folks.  Next update tomorrow afternoon.

And we thank you for your support.

MB

Federal Circuit -- SOVERAIN SOFTWARE V NEWEGG

E-patents.


SOVERAIN SOFTWARE V NEWEGG 

Federal Circuit -- REXNORD INDUSTRIES V KAPPOS

Patent.

REXNORD INDUSTRIES V KAPPOS 

DC Circuit -- Americans for Safe Access v. DEA

Disabled veteran has standing to challenge agency denial of rescheduling of MJ from being a Class One drug.  On merits, agency action, while possibly a bummer, dude, was not arbitrary/capricious.

Americans for Safe Access v. DEA

DC Circuit -- TC Ravenswood, LLC v. FERC

FERC rulemaking upheld under abuse of discretion.

TC Ravenswood, LLC v. FERC

DC Circuit -- Sierra Club v. EPA

Challenge to rulemaking under Clean Air Act.  Agency, Plaintiff, and Intervenor all asking for different things.

Sierra Club v. EPA

DC Circuit -- Honeywell International, Inc. v. EPA

Transfers under cap-and-trade regulatory scheme upheld.

Honeywell International, Inc. v. EPA

Eleventh Circuit -- Norman Merle Grim, Jr. v. Secretary, Florida Department of Corrections

Habeas challenge to bench findings of aggrivating factors for capital sentence.  Upheld, as the basis for the findings was a jury conviction/recommendation.  Aggrivating factors not clearly specified in indictment -- not unconstitutional as a violation of clear Scotus holdings, as there are no clear Scotus holdings.

[thou shalt not kill.  -MB]

Norman Merle Grim, Jr. v. Secretary, Florida Department of Corrections

Ninth Circuit -- ALASKA SURVIVAL V. STB

NEPA challenge to STB action -- (1) challenge permitted under ICCTA but (2) agency upheld.

ALASKA SURVIVAL V. STB

Eighth Circuit -- John Williams v. United States

Recent SCOTUS holdings on ineffective assistance at the plea stage have not changed the law for purposes of Habeas.

John Williams  v.  United States

Seventh Circuit -- John Doe v. Prosecutor, Marion Co.

State ban on registered offenders' use of social networking sites unconstitutional.

John Doe v. Prosecutor, Marion Co.

Seventh Circuit -- USA v. Jeffery L. Dickerson

Selling drugs for guns violates the law, too.

USA v. Jeffery L. Dickerson

Seventh Circuit -- Anthony Smith v. John Wilson

For title VI action, finding that the injury would have occurred even absent the manifest discriminatory actions = judgment for deft.

Anthony Smith v. John Wilson

Seventh Circuit -- Charles Adams v. Raintree Vacation

Brief per curiam denial of en banc with some additional holdings as to facts.

Charles Adams v. Raintree Vacation

Fifth Circuit -- Ergon-West Virginia, Inc. v. Dynegy Marketing

Contract did not require counterparty to cover during force majure event.

Ergon-West Virginia, Inc. v. Dynegy Marketing

Fourth Circuit -- US v. Bruce Abramski, Jr.

Crim -- firearms law, 4A challenge.

US v. Bruce Abramski, Jr.

Fourth Circuit -- US v. Christian Allmendinger

White collar conviction upheld.

US v. Christian Allmendinger

Fourth Circuit -- UBS Financial Services, Incorporated v. Carilion Clinic

Participants in bond issue have duty to arbitrate under FINRA.

UBS Financial Services, Incorporated v. Carilion Clinic

Fourth Circuit -- Dawn Brown v. Town of Cary

Municipal sign ordinance passes intermedite scrutiny 1A test.

Dawn Brown v. Town of Cary

Third Circuit -- Robert Zimmerman v. Norfolk Southern Corporation

Antitrust -- whether Plaintiff had standing due to injury as participant in relevant market.

Robert Zimmerman v. Norfolk Southern Corporation

Third Circuit -- Robert Zimmerman v. Norfolk Southern Corporation

The degree to which Federal railrioad legislation preempts state tort claims.

Robert Zimmerman v. Norfolk Southern Corporation

Second Circuit -- Bakoss v. Lloyds of London

As the FAA doesn't define the term "arbitration," courts should look to federal common law to define the term.

Bakoss v. Lloyds of London

First Circuit -- Robinson v. Cook

S1983 action for allegedly bad arrest/seizure.

Robinson v. Cook 

First Circuit -- Paca v. Holder, Jr.

Immigration -- timeliness of filing.

 Paca v. Holder, Jr. 

First Circuit -- US v. Flores-Machicote

Souter upholds above-guidelines sentence.

US v. Flores-Machicote