Correspondent
White House correspondent, covers patent, trade and regulatory news
The Fifth Circuit affirmed the dismissal of a condemnation appeal filed by pro se appellants, ruling their arguments were forfeited and frivolous. The court held that the appellants failed to address the merits of the district court's decision or cite relevant legal authority to support their claims.
The United States Court of Appeals for the Federal Circuit dismissed an appeal in a patent dispute after the parties reached a settlement. The court granted the appellee's motion to dismiss and awarded costs to the appellee.
The Fourth Circuit affirmed summary judgment for defendants regarding the Towner and Stone leases but vacated the ruling for the Hudson leases. The court held that the district court failed to apply West Virginia's 'first in time' rule to determine if a 1996 assignment extinguished the plaintiff's claimed interests in the Hudson properties.
The Ninth Circuit reversed and remanded a wage-and-hour judgment against Jack in the Box, holding that willfulness of overdeductions requires a factual trial and that employers must pay for shortened meal periods under Oregon law. The panel also ruled that shoe deductions were not automatically for the employee's benefit and remanded for class certification reconsideration on unpaid breaks and shoe claims.
The Ninth Circuit affirmed a Bankruptcy Appellate Panel ruling that creditors violated the bankruptcy discharge injunction by misapplying Chapter 13 plan payments. The court further held that emotional distress damages remain a potential remedy for such violations under traditional civil contempt principles.
The Eleventh Circuit vacated a district court judgment that dismissed a pro se plaintiff's amended complaint under the Rooker-Feldman doctrine. The appellate court held that the complaint was an unintelligible shotgun pleading that should have been dismissed under Federal Rule of Civil Procedure twelve comma six.
The Tenth Circuit affirmed a district court ruling denying uninsured motorist coverage to plaintiffs injured in a rollover accident. The court held that the plaintiffs failed to satisfy the causation prong of the Kastner test under Colorado law.
The Sixth Circuit affirmed the dismissal of a lawsuit challenging an Air Force promotion denial, holding that the Correction Board acted within its discretion under the Administrative Procedure Act. The court ruled that the Senior Rater's submitted record remained valid despite a procedural error in providing a copy to the officer, and that the Board's reliance on that record was supported by substantial evidence.
The Sixth Circuit affirmed the district court's denial of a motion for a new trial, holding that the jury's verdict was not seriously erroneous given the substantial deference owed to jury findings. The court found sufficient evidence supported the breach of contract award and rejected the landowner's claim for easement maintenance costs.
The United States Court of Appeals for the Fourth Circuit affirmed a district court order enforcing a settlement agreement and denying a motion for sanctions. The appellate court found no reversible error in the lower court's decision.
