SCOTUSBlog

JUNE 4, 2024

Last January, the Supreme Court refused to disturb an order by the U.S. Court of Appeals for the 2nd Circuit that temporarily allowed New York to enforce a new concealed-carry law while multiple challenges to the law proceed. But the court did not specify exactly what history courts must look to.

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JURIST

NOVEMBER 16, 2023

The nation asserts that the city lacks criminal jurisdiction over Native Americans on the tribe’s lands without express congressional authorization, as per the 2020 US Supreme Court case McGirt v.

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Government Court Decisions Litigation Litigating 223

LawTechnologyToday

JUNE 21, 2021

the “others” who will bear securities law liability). Most likely, it will take a couple of room-clearing court decisions to help owners and litigants navigate their waters. Julian Pipolo is an Australasian lawyer working at a top-tier firm predominantly in administrative law. So, Beeple’s art won’t pass the test.

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Laws Contract Legal Legal 140

LegalReader

JULY 23, 2021

Georgia Court of Appeals reverses previous trial court decision and sets stage for new trial.

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Law Firms Law Firm Court Decisions Laws 111

Law 360

APRIL 26, 2022

Supreme Court's decision on Monday to take up a case about the reach of a Pennsylvania law could have a "seismic impact" on corporate litigation if the justices rule that a state can exercise jurisdiction over companies registered to do business there, legal experts told Law360.

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Court Decisions Litigation Litigating Legal 97

Broadcast Law Blog

SEPTEMBER 21, 2021

Facially, the service looked much like that offered by Aereo, which the Supreme Court determined seven years ago violated federal copyright law by retransmitting TV stations without first obtaining the consent of the copyright holders (see our article here on the Aereo Supreme Court decision).

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Court Decisions Court Government Litigating 84

Intelligize Blog

OCTOBER 24, 2023

After upending diversity policies in academia, the Supreme Court’s June decision striking down race-based admissions policies at colleges and universities also rattled the corporate world. High-profile law firms now face lawsuits for their diversity, equity and inclusion (DEI) policies.

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Court Decisions Court Finance Law Firms 57

Law 360

AUGUST 13, 2021

Supreme Court's decision in Facebook v. Duguid closes one door to potential Telephone Consumer Protection Act lawsuits, Florida's newly amended state law — featuring a broader autodialer definition — has opened another, say attorneys at Buchanan Ingersoll. Although the U.S.

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Litigation Litigating Laws Court Decisions 52

At the Lectern

APRIL 11, 2021

Could prior Supreme Court decisions help eliminate uncertainties in the recall process? That’s an interesting question, because the only court decisions regarding a gubernatorial recall aren’t published in the official reports and their precedential effect is questionable. .” ” ( Kowis v.

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Court Decisions Court Legal Research Court Rules 60

Conflict of Laws

OCTOBER 2, 2023

A new conflict of laws article was just published today on the African Journal of International and Comparative Law. It is titled: CSA Okoli, A Yekini & P Oamen, “The Igiogbe Custom as a Mandatory Norm in Conflict of Laws: An Exploration of Nigerian Appellate Court Decisions.”

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Laws Court Decisions Litigation Litigating 64

The IP Law Blog

JULY 9, 2021

In this week’s episode, Josh Escovedo and Scott Hervey discuss an update to the litigation over Andy Warhol’s series of portraits of the artist Prince ( Andy Warhol Foundation v Goldsmith). That decision overturned a lower court decision in favor of the Warhol Foundation. Watch the episode on YouTube at this link.

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The IP Law Blog

JULY 15, 2021

For example, in Alice, the court stated “[t]he ‘abstract ideas’ category embodies the longstanding rule that an idea of itself is not patentable.” The Supreme Court further recognized that “laws of nature, natural phenomena, and abstract ideas” are not patent-eligible subject matter under 35 U.S.C. intellectual property.

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Laws Technology Litigation Litigating 109

SCOTUSBlog

JANUARY 24, 2025

In 2016, the FDA issued a rule indicating that the law applies to e-cigarettes and e-liquids. Suri countered that the provision merely directs courts to determine, based on the laws structure, who is adversely affected. RJR Vapor filed an application for permission to sell its popular menthol-flavored Vuse brand e-cigarettes.

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Court Manufacturing Government Litigating 96

SCOTUSBlog

FEBRUARY 21, 2024

The argument revealed a bench deeply skeptical of the uncertainty maritime insurance contracts would face under a lower-court decision limiting the enforcement of choice-of-law clauses in those contracts. Often, when the parties are from different jurisdictions, they select a neutral forum and its law.

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Patently O

FEBRUARY 24, 2022

Rather, an appellant must show concrete injury caused by the PTAB decision and redressability of that injury. The parties settled the litigation before the IPRs were complete, but agreed that the IPRs could continue. The settlement also included a license to thousands of Qualcomm patents. ” Eligibility : American Axle v.

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Laws Court Litigation Litigating 95

Patently O

JUNE 17, 2022

Gugliuzza, Temple University Beasley School of Law; Jonas Anderson, American University Washington College of Law; and Jason Rantanen, University of Iowa College of Law. Litigants shouldn’t get to choose the judge who decides their case. To us, that seems like an uncontroversial proposition. of the time.

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Patently O

DECEMBER 11, 2022

This means that issues decided at the district or administrative court level can be binding on all other courts: district courts, administrative courts, appellate courts, and even the Supreme Court. District court decisions are not binding precedent because they are at the bottom.

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Law 360

NOVEMBER 1, 2023

While a recently enacted California law makes it possible for cases to proceed to trial in state court even while appeal of an arbitration denial is pending, the legislation may be preempted by the Federal Arbitration Act and a recent U.S. Supreme Court decision, says Benny Osorio at Signature Resolution.

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Litigation Litigating Laws Court Decisions 40

JURIST

DECEMBER 17, 2020

Board of Regents of the University of Oklahoma , the court held that the NCAA could, in the interest of preserving the character and quality of college sports, impose restrictions upon players that would otherwise breach antitrust laws. ” The court also granted certiorari in TransUnion LLC v.

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SquirePattonBoggs

SEPTEMBER 13, 2023

In its decision, the Court took the uncommon step of sua sponte certifying a question of state law (here, Ohio law) to a state supreme supreme court (the Ohio Supreme Court). Why it did so reveals some key insights into how the Sixth Circuit thinks about state-law certification. Purdue Pharma L.P.,

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Compensatory Damages Laws Litigation Litigating 64

Patently O

DECEMBER 28, 2023

Although the court uses AI judges in some cases, this one was decided by humans. Read an English translation created by GWU Law Students Yuqian Wang and Jiaying Zhang supervised by Prof. Robert Brauneis: Li v Liu Beijing Internet Court 20231127 with English Translation.

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Court Court Decisions Court Rules Litigating 139

SCOTUSBlog

APRIL 23, 2021

Taking a different approach, Justice Clarence Thomas pointed out that the Patent Act does not mention claim preclusion or issue preclusion, but those doctrines nevertheless bar certain arguments in patent litigation. Morgan Ratner argued for the federal government, which filed its own friend-of-the-court brief but supported neither party.

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Stare Decisis Laws Contract Court Decisions 86

SCOTUSBlog

APRIL 22, 2022

Share The Supreme Court doesn’t care all that much for method-of-execution challenges. It particularly disfavors Eighth Amendment litigation attacking familiar lethal injection protocols as “cruel and unusual” punishment. But that alternative need not be an execution method authorized under a state’s current law.

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Litigation Litigating Statute Constitutional Law 110

FDA Law Blog

DECEMBER 7, 2023

Gonzalez — The annual Enforcement, Litigation, and Compliance Conference put on by the Food and Drug Law Institute (“FDLI”) took place in Washington this week. FTC Supreme Court decision stripping FTC of its ability to obtain restitution or disgorgement under Section 13(b) of the Federal Trade Commission Act. By Steven J.

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Conflict of Laws

MAY 19, 2023

65, 2022) of the Japanese Yearbook of International Law – published by the International Law Association of Japan – has been recently released. It features the following articles, case notes as well as English translation of some relevant court decisions relating to private international law.

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Punitive Damages Laws Family Law Court Decisions 52

Law 360

JULY 11, 2024

Supreme Court's decision to eliminate federal agencies' ability to rely on the 40-year-old Chevron doctrine to defend their interpretations of ambiguous laws will likely trigger more litigation against the IRS. But that doesn't mean the agency is completely defenseless against such suits.

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Court Decisions Litigation Litigating Court 52

SCOTUSBlog

OCTOBER 6, 2021

Under AEPDA, habeas relief is only available to a prisoner whose claims were adjudicated on the merits in state court if the prisoner can show that the last reasoned state court decision was contrary to or involved an unreasonable application of Supreme Court precedent. Many of the justices seemed to agree. California.

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Court Decisions Statute Court Litigating 104

SCOTUSBlog

SEPTEMBER 3, 2021

North Carolina State Conference of the NAACP addresses the ability of North Carolina legislators to defend the state’s voter-ID law from lawsuits under the Constitution and the Voting Rights Act. Federal law curtails the extent to which a federal court can consider arguments that a prisoner has not presented in state court.

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Litigating Litigation Court Attorney 101

FDA Law Blog

SEPTEMBER 29, 2021

The companies asserted that their position fully complied with applicable law, and objected that the practice of using multiple contract pharmacies, based on HRSA’s nonbinding interpretive guidance, has resulted in widespread contract pharmacy noncompliance, and has affected costs, distorted prescribing decisions, and hurt patient care.

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Litigation Litigating Manufacturing Contract 52

SCOTUSBlog

DECEMBER 5, 2023

The court unanimously agreed that the case was moot – that is, no longer a live controversy – because the plaintiff in the case, Deborah Laufer, had voluntarily dismissed her lawsuit in the lower court. This article was originally published at Howe on the Court.

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Litigation Litigating Legal Legal 112

ClimateChange-ClimateLaw

DECEMBER 21, 2021

On December 07, 2021, the Federal Regional Court of the Fourth Region (TRF4) – one of Brazil’s federal courts of appeal – decided what should be the competent jurisdiction to hear the case of IEA v. The decision may have gone unnoticed. IEA appealed the transfer decision to the federal appellate court (TRF4).

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Law 360

DECEMBER 8, 2023

Appellate courts issued a bevy of important decisions applying federal benefits law in 2023, including a recent Second Circuit ruling in favor of Cornell University that deepened a circuit split and a Tenth Circuit finding that an Oklahoma law regulating pharmacy benefit managers was preempted.

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Attorney Court Decisions Litigation Litigating 52

The IP Law Blog

JUNE 29, 2021

In this week’s episode, Josh Escovedo and Scott Hervey discuss the litigation over Andy Warhol’s series of portraits of the artist Prince ( Andy Warhol Foundation v Goldsmith ). The decision overturned a lower court decision in favor of the Warhol Foundation. They offer apologies to viewers and to the artist.

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Litigation Litigating Court Decisions Laws 52

Conflict of Laws

OCTOBER 28, 2023

Each state under its national laws is empowered to restrict or limit the matters that can be referred to and resolved by arbitration. When contracting parties choose arbitration as their dispute resolution mechanism, they freely choose several different laws that would apply in case of disputes arising under the contract.

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The Crime Report

NOVEMBER 2, 2022

. “I know it’s against the law to have any type of weapon without a license,” said one 16-year-old respondent. Since then, a Supreme Court decision in New York State Rifle and Pistol Association v. Efforts to carve out public safety exceptions to the ruling are in litigation.].

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Court Decisions Litigation Litigating Laws 119

ClimateChange-ClimateLaw

JUNE 26, 2023

Coal-Fired power plants targeted at the case, taken by Attorney Shunsuke Sugit In March 2023, two important decisions regarding the operation of newly built coal-fired power plants were handed down by courts in Japan. Background information about the general climate context and litigation in Japan is available in a previous blog post.

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Constitutional Law Reporter

OCTOBER 18, 2023

The justices recently granted certiorari in two cases challenging state laws that restrict social media companies’ ability to moderate content on their platforms. The key issue before the Court is whether the Texas and Florida laws violate the First Amendment. Facts of the Cases The two cases before the Court, Moody v.

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Laws Court Constitutional Law Court Decisions 52