Federal Circuit -- DAWSON V. DAWSON AND BOWMAN

Patent interference -- it's not just inventing something, it's knowing that it can be used for a certain purpose.

Dissent -- relation to practice relates back to time of complete conception for purposes of time of invention.

[Maybe.  As always, entertainment purposes only.]

DAWSON V. DAWSON AND BOWMAN

Ninth Circuit -- LUVDARTS LLC V. AT&T MOBILITY, LLC

Mobile messaging and copyright --

No vicarious infringement, given lack of feasible monitoring system.

No contributory, as indifference is not willful blindness.

LUVDARTS LLC V. AT&T MOBILITY, LLC

Ninth Circuit -- KEVIN MILES V. CHARLES RYAN

Habeas denial upheld, as omission of addiction evidence might have been a strategic choice, as it would undercut the clean-cut image.

Dissent: Lack of investigation of deft's history.

KEVIN MILES V. CHARLES RYAN

[thou shalt not kill.  -MB]

Ninth Circuit -- ROBERT PEREZ V. NIDEK CO., LTD.

Off-label use of medical device doesn't state a claim under medical experimentation statute.

Federal statutes preempt lack of disclosure claim.

ROBERT PEREZ V. NIDEK CO., LTD.

Ninth Circuit -- In re: DAVID C. WELSH and SHARON N. WELSH

Bankruptcy -- Chapter 13 inquiry as to good faith cannot look to retention of SSI income, payments for luxury goods.

In re: DAVID C. WELSH and SHARON N. WELSH

Eighth Circuit -- North American Banking Co. v. Brian Leonard

Bankruptcy -- possessory lien extinguished when the holder of the interest gave the property to the Trustee.

North American Banking Co. v. Brian Leonard

Eighth Circuit -- Jerry Wright v. First Student, Inc.

Reversal of dismissal of claim by plaintiff proceeding IFP -- no showing as to whose fault it was that papers weren't served.

Jerry Wright v. First Student, Inc.

Eighth Circuit -- United States v. Ricky Johnson

Police report alone insufficient to establish conduct justifying parole revocation, absent showing as to availability of officers.  Remand without opportunity to present more.

United States v. Ricky Johnson

Eighth Circuit -- Iowa League of Cities v. EPA

No deference to agency on question of whether new interpretation is a new legislative rule.

Analysis in letters to legislator qualifies as same.

Iowa League of Cities v. EPA

Seventh Circuit -- Peter Gakuba v. Charles O'Brien

S1983 claims against prosecutor in pending prosecution stayed under Younger abstention.

Peter Gakuba v.   Charles O'Brien

Seventh Circuit -- Harlis Woods v. Illinois Department of Childre

SOL for all S1983 cases in Illinois is 2 years -- individual category-specific statutes shouldn't govern.

Harlis Woods v.   Illinois Department of Children

Seventh Circuit -- Liberty Mutual Insurance Co. v. American International Group

Easterbrook: Class action dismissed, pursuant to stipulation agreement among almost all of the parties.

Posner, dissenting: Um, maybe we should read the stip.



Liberty Mutual Insurance Co. v.   American International Group

Seventh Circuit -- USA v. Guy Westmoreland

No 6A violation in 8 year delay in FRCrimP Rule 33 motion -- no prejudice, and no chance of being freed sooner on reversal, given unchallenged counts.

No violation of right to counsel for collateral challenge filed simultaneously with (represented) direct appeal, as counsel was free to decline to help with unwise motion.

USA v.   Guy Westmoreland

Sixth Circuit -- In re: Creekside Senior Apts.

Dismissal of Bankruptcy petition for cause upheld, given, among other things, debtor bad faith.

 In re: Creekside Senior Apts.

Sixth Circuit -- Thomas Judge v. Metropolitan Life Insurance Co.

ERISA --  denial of benefits upheld, as there was a deliberate, principled process.

Dissent:  Substantive errors in Plan's ruling.

Thomas Judge v. Metropolitan Life Insurance Co. 

Fourth Circuit -- Candice Hardwick v. Martha Heywar

Tinker test allows local school to ban clothing with the Confederate flag on it.

Candice Hardwick v. Martha Heywar

Fourth Circuit -- Washington Gas Light Company v. Prince George's County Council

Burford abstention (don't frustrate state administrative procedures) upheld, as state judicial zoning review statutory question turns on term frequently used in zoning disputes.

No preemption of zoning by federal pipelines statute, as the federal statute is solely concerned with safety, and another statute doesn't include local companies..



Washington Gas Light Company v. Prince George's County Council 

Fourth Circuit -- Charlotte McCauley v. Home Loan Investment Bank, FSB

Mortgage borrower's state unconscionability claim preempted by federal law, bu t not the fraud claim.

Claim sufficiently stated for heightened pleading under 9(b).

Charlotte McCauley v. Home Loan Investment Bank, FSB

Third Circuit -- USA v. Louis Manzo

No fees & cost-shifting for an allegedly bad-faith federal prosecution -- since the judge explicitly declined to dismiss the remaining counts, gov't could go ahead.

Sloppiness is not necessarily spoiliation.

USA v. Louis Manzo

Second Circuit -- Doe v. Guthrie Clinic Ltd.

Question certified to NY Court of Appeals -- whether there's a c/a against a corporation for breach of fiduciary duty when an employee, acting ultra vires, discloses information without authorization.

Doe v. Guthrie Clinic Ltd.