Federal appellate courts issued several rulings this week, including the Seventh Circuit vacating the dismissal of firearm charges against Jonathan S. Rose and ordering an initial en banc hearing in American Academy of Pediatrics v. Uthmeier. The Federal Circuit affirmed the invalidation of Wyeth patents for lack of enablement in a case against AstraZeneca, while the First Circuit upheld the denial of a motion to vacate a default judgment for Amigos Del Mar LTD. due to a lack of reasonable timeliness. Additionally, the Ninth Circuit ruled that the Ending Forced Arbitration of Sexual Assault and Sexual Harassment Act does not apply to employment disputes arising before its March 3, 2022, enactment. The Seventh Circuit clarified that as-applied challenges to firearm possession statutes require factual determinations regarding current dangerousness, while the First Circuit rejected exemptions for Rule 60(b)(4) motions. Synthesized from 136 manifests produced by 13 monitored court-opinion sources in the last 7 days, including circuit opinions, district rulings.
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Seventh Circuit Vacates Dismissal of § 922(g)(4) Charges in Mental Health Firearm Case
The Seventh Circuit vacated the district court's dismissal of charges against Jonathan S. Rose under 18 U.S.C. § 922(g)(4), which prohibits firearm possession by individuals previously committed to mental institutions. The court held that while the statute is not facially unconstitutional, an as-applied challenge requi
Eighth Circuit affirms denial of compassionate release for nonretroactive sentencing law changes
The Eighth Circuit Court of Appeals affirmed the denial of compassionate release for defendants Isaac Loggins and Barton Crandall, ruling that nonretroactive changes to sentencing law under the First Step Act do not qualify as 'extraordinary and compelling reasons' for sentence reduction under 18 U.S.C. § 3582(c)(1)(A)
Federal Circuit Affirms JMOL of Invalidity for Lack of Enablement in Wyeth v. AstraZeneca
The Federal Circuit affirmed the District of Delaware's grant of JMOL, invalidating Wyeth's '314 and '162 patents for lack of enablement. The court concluded that the patents, which claim methods for treating NSCLC with irreversible EGFR inhibitors, failed to teach a skilled artisan how to determine a therapeutically e
First Circuit affirms denial of Rule 60(b)(4) motion for lack of reasonable timeliness
The First Circuit affirmed the district court's denial of Amigos Del Mar LTD.'s motion to vacate a default judgment, holding that the motion was not filed within a 'reasonable time' as required by Federal Rule of Civil Procedure 60(c)(1). The court rejected the defendant's argument that Rule 60(b)(4) motions are exempt
Seventh Circuit Reverses Injunction Against Illinois Assault Weapons Ban
The Seventh Circuit Court of Appeals reversed a district court's decision to enjoin the Protect Illinois Communities Act, ruling that the state's ban on AR-15 rifles and large-capacity magazines does not violate the Second Amendment. The court determined that the Act is consistent with the nation's historical tradition