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Opinion

09-3323 Meyers v. National Railroad Passenger Corp.

Evidence Expert witnesses A treating physician who is offered to provide expert testimony as to the cause of the plaintiff’s injury, but who did not make that determination in the course of providing treatment, is required to submit an expert ...

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09-2815 Hill v. Potter

Employment Retaliation Where an employee could not show there was work available that she could perform with her limitations, summary judgment was properly granted to the employer on her claim that her hours were reduced in retaliation for engaging in ...

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09-2589 & 09-2593 U.S. v. Favara

Sentencing Reasonableness Where a defendant had a history of fraudulent behavior, it was not disparate to impose a 70-month sentence, while other co-defendants received probation. “Favara’s 70-month sentence was not unwarrantedly disparate from her co-defendants, several of whom received probation. ...

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10-1173 U.S. v. Carlisle

Search and Seizure Reasonable expectation of privacy Where a defendant denied at a suppression hearing that he did not own a backpack he was carrying at the time of his arrest, he has no reasonable expectation of privacy that would ...

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08-2679 U.S. v. Sanchez

Retaliation Against a Witness Sufficiency of evidence Where the government presented no evidence that the defendant knew the targets of his kidnapping plot had given testimony against the drug trafficker for whom the defendant was working, the evidence is insufficient ...

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09-1856 U.S. v. Cantrell

Honest Services Fraud Sufficiency of the evidence Where a defendant steered contacts to a third party in exchange for kickbacks, the evidence is sufficient to support a conviction for honest services fraud. “The indictment charged Cantrell with using his position ...

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09-2155 Jay Franco & Sons, Inc., v. Franek

Intellectual Property Trademarks; functionality A round beach towel is not a valid trademark. “Franek wants a trademark on the circle. Granting a producer the exclusive use of a basic element of design (shape, material, color, and so forth) impoverishes other ...

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