Archive Page 2

Civil Procedure, Contracts and Arbitration – Peabody Holding Company, LLC v. United Mine Workers of America

In an appeal from a judgment of the district court upholding an arbitrator’s determination of arbitrability in a dispute concerning a limited job-preference agreement, judgment is affirmed where the court, not the arbitrator, had jurisdiction to decide whether the dispute is arbitrable because the agreement lacks the requisite clear and unmistakable language evincing an intent to arbitrate arbitrability, and where the appellants failed to rebut the ordinary presumption in favor of arbitrability.

Continue reading at Peabody Holding Company, LLC v. United Mine Workers of America, No. 10-2134

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Administrative and Immigration Law – Zelaya v. Holder

In a petition for review of an order of the BIA affirming the denial of petitioner’s claims for asylum, withholding of removal, and CAT protection, petition is denied in part and granted in part because resistance to being recruited into a gang does not constitute a particular social group within the INA and where the BIA failed to adequately probe petitioner’s CAT claim.

Continue reading at Zelaya v. Holder, No. 10-2401

Civil Rights and Education Law – Bonneau v. Centennial School District No. 28J

In an appeal from a judgment of the district court dismissing plaintiff’s Section 1983 complaint under Oregon’s Rev. Stat. section 12.117(1) as time-barred, judgment is affirmed where: 1) Oregon’s general statute of limitations, rather than the specialized abuse statute, governs plaintiff’s claims; and 2) federal, not state, law governs accrual of his claims.

Continue reading at Bonneau v. Centennial School District No. 28J, No. 10-36070

Intellectual Property and Patent – Innovation Toys v. MGA Entertainment

In an infringement dispute regarding a patent related to a chess-like, light-reflecting board game, summary judgment by district court is affirmed in part and reversed in part where the court correctly found no genuine issues of material fact regarding literal infringement based on its construction of a claim term but erred in several of its factual findings underlying its nonobviousness determination.

Continue reading at Innovation Toys v. MGA Entertainment, No. 2010-1290

Civil Procedure and International Trade – Ford Motor Co. v. US

In a dispute over whether plaintiff was entitled to post-entry duty refunds under NAFTA, even though it failed to file the pertinent certificates of origin within the prescribed period, dismissal by trial court for lack of subject matter jurisdiction is reversed where untimely filing of certificates did not vitiate jurisdiction.

Continue reading at Ford Motor Co. v. US, No. 2010-1238

Civil Rights and Government Law – Amnesty International USA v. Clapper

In a facial challenge by attorneys, journalists, and labor, legal, media, and human rights organizations to the constitutionality of Section 702 of the Foreign Intelligence Surveillance Act of 1978, dismissal by district court for lack of standing is reversed where appellants have standing because of a reasonable fear of future injury and the costs incurred to avoid such injury.

Continue reading at Amnesty International USA v. Clapper, No. 09-4112

Civil, Commercial, and Labor & Employment Law – Tri-M Group v. Sharp

In a dormant commerce clause challenge to a state regulatory scheme for the training and compensation of apprentices on construction projects, summary judgment in favor of plaintiff is affirmed where refusal to recognize out-of-state registered apprentices facially discriminated against out-of-state contractors without advancing a legitimate state interest.

Continue reading at Tri-M Group v. Sharp, No. 10-2365