Limited Service continues

Still only headlines, but longer ones.  Next update quite likely tomorrow PM.

Cheers,

MB

Eleventh Circuit -- St. Joseph Hospital, Augusta, Georgia, Inc., et al v. Health Management Associates, Inc.

Parol words and deeds insufficient to overcome both lack of writings and a signed letter of intent obligating the parties to make writings before anything becomes binding.  K and estoppel claims duly TKO'd.

St. Joseph Hospital, Augusta, Georgia, Inc., et al v. Health Management Associates, Inc.

Tenth Circuit -- United States v. McGlothin

No plain error in allowing prior firearms "Incidents" in as more probative than prejudicial.

United States v. McGlothin

Ninth Circuit -- MATTEL, INC. V. MGA ENTERTAINMENT, INC.

Mutual trade-secret-thievery isn't tied to the same set of facts, so the counterclaim wasn't compulsory.

Copyright prevailing party doesn't have to prove frivolity/bad faith to get fees.


MATTEL, INC. V. MGA ENTERTAINMENT, INC.

Ninth Circuit -- ANTWION THOMPSON V. D. RUNNEL

Habeas waiver/forfieture of claims --

The AEDPA/Habeas standard of clearly established federal law &c, &c is not a procedural defense but an adjudicative standard.  The court can therefore identify that law without reference to the parties' arguments below.

(So held on vacatur reconsideration, incidentally.)

Dissent:  State chose to identify another legal standard, and is bound to that choice.  Waived is waived.

ANTWION THOMPSON V. D. RUNNEL

Fourth Circuit -- Gretchen Stuart v. Janice Huff

No abuse of discretion in denying intervention in abortion litigation.  State AG is a government agency with the same ultimate objective.  And a General, to boot.

Gretchen Stuart v. Janice Huff 

Third Circuit -- Connelly v. Steel Valley School Dist

State's (or Commonwealth's, as the case may be) setting of teacher salaries based on level of in-state experience upheld under rational basis.  Incidental burden on travel, not enough to trigger the test.  Scheme looks to place of teaching experience, not place of residency.

Connelly v. Steel Valley School Dist

Second Circuit -- Communications Network International, Ltd. V. MCI Worldcom Communications

When not getting the notice required by statute was the movant's fault, District Court erred in extending the time to file.

Communications Network International, Ltd. V. MCI Worldcom Communications