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   Federal Courts - Federal Circuit Court of Appeals - March 2, 2007

  
Ad Global Fund, LLC v. United States, 06-5046, UNITED STATES COURT OF APPEALS FOR THE FEDERAL CIRCUIT, March 2, 2007, Decided
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Overview: Summary judgment was properly entered against company, which filed suit under 26 U.S.C.S. § 6226 challenging timeliness of final partnership administrative adjustment notice issued by IRS. 26 U.S.C.S. § 6229(a) did not provide separate limitations period for tax assessments on partnership items. Notice was timely issued under 26 U.S.C.S. § 6501(a).

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Cheney v. DOJ, 06-3124, UNITED STATES COURT OF APPEALS FOR THE FEDERAL CIRCUIT, March 2, 2007, Decided
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Overview: The decision of the Merit Systems Protection Board that sustained the action of the DEA indefinitely suspending the employee from employment was reversed; the procedural requirements of 5 U.S.C.S. § 7513 were not met as the DEA failed to provide the employee with the information he needed to make "a meaningful response" to the charges against him.

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Eberle Design, Inc. v. Reno A & E, 2006-1236, 2006-1247, UNITED STATES COURT OF APPEALS FOR THE FEDERAL CIRCUIT, March 2, 2007, Decided , March 2, 2007, Filed
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Int'l Data Prods. Corp. v. United States, 2006-5083, 2006-5094, UNITED STATES COURT OF APPEALS FOR THE FEDERAL CIRCUIT, March 2, 2007, Decided , March 2, 2007, Filed
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Lambert v. Nicholson, 2007-7063, UNITED STATES COURT OF APPEALS FOR THE FEDERAL CIRCUIT, March 2, 2007, Decided , March 2, 2007, Filed
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Louis B. Fine Family, LLC v. Potter, 2006-1529, UNITED STATES COURT OF APPEALS FOR THE FEDERAL CIRCUIT, March 2, 2007, Decided , March 2, 2007, Filed
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Meritage Real Estate Dev. Group, Inc. v. Grimaud, 2007-1090, UNITED STATES COURT OF APPEALS FOR THE FEDERAL CIRCUIT, March 2, 2007, Decided , March 2, 2007, Filed
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Sawgrass Techs., Inc. v. Tex. Original Graphics, Inc., 06-1190, UNITED STATES COURT OF APPEALS FOR THE FEDERAL CIRCUIT, March 2, 2007, Decided
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Overview: Since the district court's order simply transferred venue without any need or action to cure jurisdiction, 28 U.S.C.S. § 1292(a)(4)(A) did not apply. Without any basis for invoking the exceptions to the finality rule under 28 U.S.C.S. § 1291, the district court's order was interlocutory and lacked any jurisdictional basis for an immediate appeal.

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Simmons v. SBA, 2006-3415, UNITED STATES COURT OF APPEALS FOR THE FEDERAL CIRCUIT, March 2, 2007, Decided , March 2, 2007, Filed
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Walter Kidde Portable Equip., Inc. v. Universal Sec. Instruments, Inc., 06-1420, UNITED STATES COURT OF APPEALS FOR THE FEDERAL CIRCUIT, March 2, 2007, Decided
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Overview: Although a district court committed error when it dismissed an alleged infringer's counterclaims over objection when the court granted plaintiff patentee's voluntary motion to dismiss without prejudice pursuant to Fed. R. Civ. P. 41(a)(2), the error was harmless; the alleged infringer could reassert all its counterclaims, and was not prejudiced.

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