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SCOTUS dispatch: Supreme Court appears likely to side with straight women in ‘reverse discrimination’ case

JURIST

and the admission of new attorneys to the Supreme Court bar. I smiled politely, trying to telepathically assess how she would vote on the gender-affirming care case I covered in December. But the Department added that Ames could not meet the evidence requirements of an employment discrimination case regardless.

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California Supreme Court: prisoners must get lawyer when challenging convictions for killings committed by others

JURIST

In this case, the trial court neither held a hearing nor appointed counsel and summarily denied Lewis’s petition stating “Lewis did not make a prima facie case for resentencing under Senate Bill 1437 because … he ‘would still be found guilty with a valid theory of first degree murder.'”

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Making a Proper Determination of Obviousness

Patently O

Still, the guidelines spend some time on the requirements of a prima facie case; the necessity of both evidence and reasoning to support any obviousness rejection; and consideration of all evidence before the examiner. Cautioning against: “references to ‘common sense’ without any support.”

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Jury Instructions and Objective Indicia of Nonobviousness: Federal Circuit Grants New Trial in Inline Plastics v. Lacerta

Patently O

Attorneys from each side will typically propose specific instructions and object to those they believe are incorrect or incomplete. I.e. , if the evidence presenting a prima facie case of obviousness is overwhelming, an appellate court might conclude that a jury instruction omitting some objective indicia was harmless error.

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No Mandamus Relief in Privilege Ruling

Patently O

seeking to set aside a district court discovery order piercing attorney-client privilege. After reviewing documents in camera, the district court granted in part Dorel’s motion to compel production of certain Cozy documents listed as privileged on the basis that the crime-fraud exception to attorney-client privilege applied.

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Supreme Court will decide easement, sentencing cases

At the Lectern

in which the court granted review last month and then limited the issue to: “Whether an aggrieved employee who has been compelled to arbitrate claims under the Private Attorneys General Act (PAGA) that are ‘premised on Labor Code violations actually sustained by’ the aggrieved employee ( Viking River Cruises, Inc. Uber Technologies, Inc. ,

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Supreme Court on Patent Law: November 2023

Patently O

If cert is granted, this would be a very important case. 23-574): This case examines whether attorney fees can be awarded based on pursuing litigation deemed “baseless” after a magistrate judge’s non-infringement recommendation but before the district judge finalizes that recommendation. Traxcell Techs.