Correspondent
White House correspondent, covers patent, trade and regulatory news
The United States Court of Appeals for the Fifth Circuit dismissed an appeal filed by Dmt MacTruong as frivolous. The court also imposed a monetary sanction and barred the appellant from filing future pro se civil appeals without judicial permission.
The Ninth Circuit affirmed the district court's denial of a motion for relief from judgment, holding that a judge was not required to recuse himself despite a personal conflict with attorneys in a different division of the United States Attorney's Office.
The United States Court of Appeals for the Federal Circuit dismissed an appeal in a patent dispute because both parties agreed to withdraw the proceedings. This nonprecedential order resolves the case without issuing a ruling on the merits of the patent validity issues.
The Eleventh Circuit affirmed the dismissal of a pro se plaintiff's claims under the Indian Gaming Regulatory Act and Florida state law, holding that statutory policy declarations do not create a private right of action. The court further ruled that the district court properly denied the plaintiff's motion to alter or amend the judgment because the attempt merely relitigated failed arguments.
The Eleventh Circuit affirmed the denial of a motion to compel arbitration, ruling that Zeus Networks failed to provide sufficient inquiry notice for its terms of service. The court held that a small, gray hyperlink buried beneath prominent red action buttons was not conspicuous enough to bind a user to a mandatory arbitration agreement under Florida law.
The Eighth Circuit affirmed the dismissal of wrongful termination and defamation claims against Honeywell and summary judgment for the insurers regarding disability benefits. The court held that the plaintiff failed to prove an employment contract exception, missed the statutory deadline for discrimination claims, and could not overcome statutory privilege for defamation.
The Fourth Circuit affirmed the district court's order remanding Huguette Assaf's criminal proceedings to Virginia state court. The appellate court held that Assaf failed to satisfy the strict statutory requirements for removal under 28 U.S.C. § 1443(1).
The Federal Circuit affirmed that the Surface Transportation Board's issuance of Notices of Interim Trail Use constitutes a Fifth Amendment taking requiring just compensation. Applying Indiana property law, the court held that the railroad held only easements which extinguished upon service cessation, causing fee simple title to revert to the adjacent landowners.
The Federal Circuit determined it lacked jurisdiction to hear this appeal because the underlying dispute did not involve patent laws or other statutory grounds under 28 U.S.C. § 1295(a). Consequently, the court ordered the transfer of the matter to the Third Circuit rather than dismissing the appeal.
The Ninth Circuit dismissed an appeal as moot because the plaintiff initiated and extensively participated in arbitration proceedings, eliminating any live controversy. The court declined to vacate the district court's sanctions and default judgment because the party seeking relief caused the mootness.
