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Supreme Court Rules Trademark Infringement Damages Include Only Named Defendant’s Profits

Constitutional Law Reporter

According to the appeals court, holding otherwise would give businesses a blueprint for using corporate formalities to insulate their infringement from financial consequences. Supreme Courts Decision The Supreme Court disagreed. The Court went on to find that background principles of corporate law support its holding.

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SCOTUS Confirms Right to Renew Lawsuit Ater Voluntary Dismissal

Constitutional Law Reporter

Supreme Court held that a case voluntarily dismissed without prejudice under Federal Rule of Civil Procedure 41(a) counts as a final proceeding under Federal Rule of Civil Procedure 60(b). The Courts decision was unanimous. Supreme Courts Decision The Supreme Court reversed by a vote of 9-0.

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SCOTUS Clarifies Statute of Limitations for APA Claims

Constitutional Law Reporter

Supreme Court held that a claim under the Administrative Procedure Act (APA) does not accrue for purposes of 28 U.S.C. 2401(a) ’s default six-year statute of limitations until the plaintiff is injured by final agency action. The District Court dismissed the suit as time-barred under 28 U.

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Supreme Court Rules Bribery Statute Doesn’t Criminalize Gratuities for Past Acts

Constitutional Law Reporter

By contrast, if a federal official accepts a prohibited gratuity, federal gratuities law sets a 2-year maximum prison sentence pursuant to §201(c). As enacted in 1984, the statute at issue in the case, 18 U.S.C. Justice Kavanaugh wrote: The bribery statute for federal officials, §201(b), uses the term “corruptly.”

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SCOTUS Narrows Reach of Identity Fraud Statute

Constitutional Law Reporter

Supreme Court narrowed the scope of a federal aggravated identity theft statute. Because the crux of Durbin’s overbilling was inflating the value of services actually provided, and the patient’s means of identification was an ancillary part of the Medicaid billing process, the statute was not violated. In Durbin v.

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Divided Supreme Court Strikes Down Chevron in Landmark Decision

Constitutional Law Reporter

By a vote of 6-3, the Court held that Administrative Procedure Act requires courts to exercise their independent judgment in deciding whether a federal agency has acted within its statutory authority, and courts may not defer to an agency interpretation of the law simply because a statute is ambiguous.

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Supreme Court Holds FBAR Penalties Are Calculated Per Report

Constitutional Law Reporter

The statute imposes a maximum $10,000 penalty for nonwillful violations of the law. As explained by the Supreme Court, FBAR reports are designed to help the government trace funds that may be used for illicit purposes and identify unreported income that may be subject to taxation. .

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