Federal Circuit: GILEAD SCIENCES, INC. v. LEE

Deference to agency finding that a statute prohibits both litigation delays that actually delay the prosecution of the patent and those that merely intended to do so.

GILEAD SCIENCES, INC. v. LEE

Federal Circuit: MINISTERIO ROCA SOLIDA v. US

Pending suit in District Court bars jurisdiction over second claim in Court of Federal Claims, despite potential hardship of non-overlapping remedies.

Concurrence: Yep, but Tucker Act 10K cap on Takings compensation might under other circumstances present a legit claim to a second action in Federal Claims.

MINISTERIO ROCA SOLIDA v. US

Eighth Circuit: United States v. Reginald Cole

ACCA predicates --- Sentencing court did not need specific finding of fact in the record that the three gun-related occurrences happened on three separate days.

United States  v.  Reginald Cole

Seventh Circuit: Michael Underwood v. City of Chicago

Imprudent for Federal Court to resolve disputed state question of pension law.  Contracts Clause does not operate to give independent jurisdiction, as the deft is not the state, but the municipality.  Takings claim  not yet ripe.


Michael Underwood v. City of Chicago

Seventh Circuit: Betty Ruth Nelson v. Peggy Holinga-Katona

Not filing eitehr JMOL motion at close of trial or 50(b) motion after verdict means that verdict can't be challenged for sufficiency of evidence.


Betty Ruth Nelson v. Peggy Holinga-Katona

Sixth Circuit: Kishna Brown v. Bradley Lewis

S1983 - Qualified immunity, unlawful arrest.

Appeals court has jurisdiction, despite remaining differences on questions of fact.

Sufficient grounds for stop, but irregularities in the Terry stop sufficient to deny Qualified Immunity.

State statute is subjective test, not objective, and given that the officers acted under misinformation, but violence of arrest still presents a claim.

Kishna Brown v. Bradley Lewis 

Fifth Circuit: Michael Toney v. Rissie Owens, et al

No liberty interest under the Federal Constitution is imperiled where a prison, for internal purposes only,  designates a prisoner as a sex offender.

Michael Toney v. Rissie Owens, et al

Fourth Circuit: Almaz Nezirovic v. Gerald Holt

Extradition to Serbia not barred by Statute of Limitations, as comparator Federal statute has no SOL.

Given that alleged victims were civilians, totality of circumstances means that the political offenses exception in the treaty doesn't apply.

Almaz Nezirovic v. Gerald Holt

Second Circuit: Flores v. Holder

Immigration --

Agency abuse of discretion in not granting continuance given prima facie validity of underlying application.

Agency erred in modified categorical evaluation of statute -- illicit sexual contact is not abuse per se.

No error in holding that the crimes were sufficiently serious to bar withholding of removal without considering danger of Petitioner to community.

Flores v. Holder  

Second Circuit: United States of America v. Ortiz

Resentencing after revocation of parole s according to the law in force during the initial sentencing.  Subsequent changes in the classification of the offense do not automatically retroactively apply.

United States of America v. Ortiz

Second Circuit: Newton v. City of New York

Liberty interest under New York law in exoneration from wrongful conviction.

14th Amendment can be basis of challenge to municipal actions that endanger the otherwise viable right.

No duty on the state to preserve the evidence, but there is an obligation to account for the evidence on hand.


Newton v. City of New York

Second Circuit: Bricklayers v. Moulton Masonry

Failing to answer for nine months justifies a default judgement, no matter that deft expected settlement.

Pleading recited in complaint survives to establish predicate for verdict, given that it went unchallenged.

District court needs more reasoning for fee shifting, award of prejudgment interest.

Bricklayers v. Moulton Masonry

Second Circuit: Matthews v. City of New York

Free speech , police officer speaking matters of public concern.

Where duties do not include formulating, implementing, or providing feedback on policies, and a civilian channel of communication is used, the officer speaks as a private citizen, and the speech is protected.


Matthews v. City of New York

First Circuit: Fire and Police Pension Assoc v. Abiomed, Inc.

Errata.

Fire and Police Pension Assoc v. Abiomed, Inc. 

First Circuit: US v. Joubert

Errata.

US v. Joubert