Case Summaries
Commercial Law
[08/20]
Boschetto v. Hansing
The sale of one automobile via the eBay website, without more, does not provide sufficient "minimum contacts" to establish jurisdiction over a nonresident defendant in the forum state.
[08/20]
Theme Promotions, Inc. v. News Am. Mktg. FSI
In a case involving, inter alia, whether right of first refusal agreements between a publisher of advertising tools and packaged goods companies violate California antitrust and tort law, judgment in the matter is affirmed primarily as the jury verdict in favor of plaintiff was supported by substantial evidence in the record.
[08/19]
DSW, Inc. v. Shoe Pavilion, Inc.
In a suit alleging infringement of two patents for storing and displaying footwear for customer self-service, summary judgment of non-infringement of one patent and no liability for damages for past infringement of both patents is vacated and remanded where: 1) the finding of non-infringement was based on incorrect construction of claims; and 2) patent infringement is a strict liability offense, and an infringer's reasonable steps and good faith efforts to cease infringing activity are insufficient to avoid damages.
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Criminal Law & Procedure
[08/20]
US v. Branch
Conviction and sentence for drug- and firearm-related offenses is affirmed where: 1) there was no question that the police were allowed to detain defendant after witnessing him commit a traffic violation; and 2) during this detention the police formed a "reasonable suspicion" of ongoing criminal activity that justified extension of the traffic stop; and 3) defendant's other claims were without merit.
[08/20]
US v. Garey
In a case involving unsuccessful attempts to extort money by threatening to bomb various buildings in the state, conviction for multiple felony counts is affirmed where: 1) defendant's waiver of his Sixth Amendment right to counsel was knowing and voluntary; and 2) the trial court did not err by allowing defendant to represent himself at trial.
[08/20]
Jones v. Walker
Denial of a petition for writ of habeas corpus from a conviction for felony murder and cruelty to a child is affirmed where petitioner failed to meet his burden of proving the waiver to his Sixth Amendment to counsel was unknowing.
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