SCOTUSBlog

JANUARY 24, 2025

As a practical matter, he asked Suri, why is it inconvenient for the government to litigate in one circuit instead of another? Suri told the justices that this was not a question of convenience, but instead about Congresss choice in the statute to delineate where cases can be brought. A decision in the case is expected by summer.

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SCOTUSBlog

JANUARY 10, 2022

The Supreme Court previously held that the post-removal statute contains an implicit time limit. Davis , a 2001 decision, the court read that provision to prohibit detention beyond six months for noncitizens ordered removed when their removal is not “reasonably foreseeable.” In Zadvydas v. Rodriguez and Johnson v.

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SCOTUSBlog

MAY 28, 2021

The case involves the costs of appellate litigation. Under the “American Rule,” the prevailing party in litigation in the United States ordinarily must pay its own attorney’s fees, absent some statute that calls for a different outcome.

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SCOTUSBlog

JUNE 23, 2023

The case turns on a 1988 amendment to the Federal Arbitration Act, which added the current Section 16(a) to that statute. Kavanaugh reasoned that when “the question on appeal is whether the case belongs in arbitration or instead in the district court, the entire case is essentially ‘involved in the appeal.’”

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Patently O

FEBRUARY 24, 2022

Qualcomm , a case focusing on appellate standing following an IPR final written decision favoring the patentee. The statute indicates that any party to an IPR final-written-decision has a right to appeal. Rather, an appellant must show concrete injury caused by the PTAB decision and redressability of that injury.

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Laws Court Litigation Litigating 95

FDA Law

JANUARY 11, 2024

In other words, FDA needed to determine whether the initial biosimilar litigation—pre-interchangeable supplemental approval—counts towards the FIE expiration date calculation. Notably, the purpose of the statute seemed to govern much of FDA’s interpretation.

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Patently O

SEPTEMBER 29, 2021

The statute would create a rebuttable presumption of consolidation. The new statute would list factors that a district court should consider when determining whether or not to grant a stay, all the changes would tend to promote stays of the litigation. Expanding the Scope of Inter Partes Review.

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SCOTUSBlog

FEBRUARY 21, 2022

That decision distinguishes between types of gambling that a state prohibits outright and types of gambling that a state tolerates subject to regulation. In 1983, responding to a lower-court decision holding that the transfer of those trust responsibilities violated the Texas Constitution, Texas terminated the trust relationship.

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Patently O

NOVEMBER 8, 2021

The 2017 Supreme Court decision in TC Heartland gave renewed teeth to the venue statute governing litigation. Although the notice letter is a critical aspect of the Hatch-Waxman process, the Federal Circuit found that the letter was not an “act of infringement” as required by the venue statute.

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Patently O

OCTOBER 5, 2022

Courts to obtain discovery in order to facilitate foreign litigation; with the pending global litigation between Eli Lilly and Novartis serving as our key example. The standard today is that prior to trial the litigating parties will share “mutual knowledge of all relevant facts.” ” Hickman v.

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Hoban Law Group

APRIL 13, 2021

Recent developments have made it even more attractive — for example, the basis for the argument of unconstitutionality of §280E has recently and ably been outlined by the judiciary in three dissenting opinions to a 2019 Tax Court decision (For a summary, see: [link] ).

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Patently O

AUGUST 18, 2022

Accused infringers also prefer IPRs because they effectively bifurcate the trial between validity and infringement, with the IPR validity questions being decided first while infringement litigation is stayed. The result is that the IPRs are also a low risk option for accused infringers since no liability attaches from that decision.

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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. Raiders Retreat Realty surprised anybody familiar with last fall’s oral argument.

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Contract Laws Statute Litigation 92

Patently O

FEBRUARY 20, 2023

As Congress continued to legislatively develop the statute, courts also added common law nuance, including the law of patent eligibility. Since 2012, almost 2,000 court decisions have referenced these cases along with 8,000+ PTAB decisions. Constitution authorizes Congress to legislatively create a patent system.

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Technology Court Decisions Court Statute 90

Patently O

FEBRUARY 1, 2023

The first question — if the patentee is involved in concurrent district court infringement litigation, at what step is the patent no longer enforceable? The affirmed PTAB decision found the claim invalid with a preponderance of the evidence. And yet, fudging the rules in a way that undermines due process is troubling.

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SquirePattonBoggs

SEPTEMBER 13, 2023

It is an appeal from one of the many cases pending before Judge Polster in the Northern District of Ohio as part of the National Prescription Opiate Litigation. The Panel, it turns out, thought Ohio law was not quite as clear as the parties did and certified the question to the Ohio Supreme Court. 22-3750/3751/3753/3841/3843/3844.

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SCOTUSBlog

JULY 9, 2024

A federal district court in Florida tossed their paperwork, given the requirement in the federal drug statute that third-party petitions to reclaim seized assets “be signed by the Petitioner under penalty of perjury.” The two business owners, the lower court ruled, must forfeit the $9,000.

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Patently O

SEPTEMBER 21, 2022

. § 315(e)’s IPR estoppel provision applies only to claims addressed in the final written decision, as consistent with the holdings in Shaw , and Intuitive Surgical , and whether that interpretation remains correct after SAS Institute, Inc. Once the IPR concluded, district court litigation restarted, focusing on claim 27.

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Statute Construction Litigation Litigating 58

FDA Law

JULY 8, 2024

The first question in the Court’s analysis was whether the claim that the SEC brought is a “suit at common law,” i.e., if the case is legal in nature. That the claim rested on a federal statute and required the SEC to establish facts that do not match any cause of action known to the common law in 1791 was not dispositive.

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Patently O

APRIL 11, 2024

In answering that question, the Supreme Court applied its recently minted, two-step methodology for assessing the extraterritorial reach of U.S. statutes generally. European Community , step one requires a court to decide whether the presumption against extraterritoriality has been rebutted by a clear indication from Congress.

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Statute Court Technology Contract 81

SCOTUSBlog

APRIL 19, 2022

Arizona is one of the most significant Supreme Court decisions in American criminal procedure. Dickerson put the kibosh on an unconstitutional federal statute that, effectively, sought to overrule Miranda. Share Miranda v. 3) Goodbye, Miranda ? 4) Proximate cause says what?

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Constitutional Law Reporter

MAY 1, 2023

Supreme Court held that the Quiet Title Act’s statute of limitations is a claim-processing rule rather than a bright-line rule that constrains a court’s jurisdiction. Justice Sonia Sotomayor wrote on behalf of the Court. In Wilkins v. United States , 598 U.S. _ (2023), the U.S. Fort Bend County v. Davis , 587 U.S.

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Constitutional Law Reporter

FEBRUARY 16, 2023

In reaching its decision, the Court explained that equitable tolling “effectively extends an otherwise discrete limitations period set by Congress” when a litigant diligently pursues his rights but extraordinary circumstances prevent him from bringing a timely action. It also noted that pursuant to Irwin v.

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Statute Diligence Court Constitutional Law 52

Conflict of Laws

MAY 17, 2023

There are state courts and federal courts, state statutes and federal statutes, state common law and federal common law. This feeling of pity is compounded when I imagine this same lawyer trying to advise her client as to whether a choice-of-court clause will be enforced by a court in the United States.

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FDA Law

AUGUST 9, 2021

FDA claimed that Congress afforded FDA the discretion to regulate devices as drugs based an overlap in the statutory definitions of “drug” and “device” and chose to do so in the case of contrast agents in response to a 1997 court decision and related Citizen Petition.

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Constitutional Law Reporter

MAY 14, 2024

All this “complexity and uncertainty” would “‘breed[] litigation from a statute that seeks to avoid it.’” The Court next turned to Flowers argument that the §1 exemption would sweep too broadly without an implied transportation-industry requirement.

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Contract Court Construction Constitutional Law 52

ClimateChange-ClimateLaw

APRIL 18, 2023

In 2021, the District Court ruled that the Berkeley ordinance was not preempted by EPCA , rejecting the notion that EPCA preempts local ordinances that do “not facially address any of those [energy conservation or energy use] standards.” Under EPCA, the U.S. Clean Air Act, not EPCA.

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Conflict of Laws

MAY 31, 2021

9] This approach is that a Nigerian court cannot assume jurisdiction where the cause of action arose in one State, or another foreign country. There is no provision of the Nigerian constitution that states that a court’s jurisdiction is limited to matters that occur within its territory. This is a discussion for another day. [1]

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JonathanTurley

MARCH 24, 2022

That is curious because just a week ago, many of these same figures went ballistic when I noted that we have little evidence of a judicial philosophy in past decisions by Judge Jackson and it would be one of the key issues in her confirmation hearings. ’” ( 3:45 ) It is not clear if we can now take Jackson’s word on the subject.

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Conflict of Laws

MAY 6, 2024

’ This Case is highly significant, because it extensively addresses the recognition and enforcement of foreign judgments in Kenya and the principles to be considered by the Kenyan Courts. This decision thus did not only tackle orders of local investigation but concluded the process for all four commission orders as highlighted above.

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JURIST

APRIL 19, 2024

The Nevada Supreme Court upheld a 2021 state ban on ghost guns Thursday, overturning a lower-court decision that declared the law unconstitutional for being vague. Stiglich authored the opinion of the court. That year, a US District Court also upheld the law, ruling that it did not violate the Second Amendment.

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Broadcast Law Blog

OCTOBER 27, 2017

This case reached the Florida Supreme Court when it was certified by the United State Court of Appeals which was reviewing a District Court decision reaching the same conclusion as did the Florida Supreme Court – that there was no performance right under state law for pre-1972 sound recordings (see our summary of the District Court decision here ).

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Conflict of Laws

MARCH 10, 2021

If that is so, as is indeed it is, how much less can parties by their private acts remove the jurisdiction properly and legally vested in our Courts ? Sixth, Nigeria should consider ratifying the Hague Choice of Court Convention , 2005. The recent Court of Appeal’s decision in A.B.U. Conclusion.

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Broadcast Law Blog

SEPTEMBER 25, 2014

In reaching this decision, the Court looked at the language of the California statute dealing with pre-1972 sound recordings. It is important to recognize that this is a trial court decision by a Federal Court interpreting California law. The Autumn of Copyright had begun!

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Patently O

DECEMBER 11, 2023

This seems both untenable as a practical outcome and inconsistent with both the statute and governing precedent. Based on my review of reported decisions, contributory infringement has not played a significant role in pharmaceutical patent litigation, and is redundant in view of the availability of an action for induced infringement.

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At the Lectern

MAY 1, 2024

California Commerce Club : Does California’s test for determining whether a party has waived its right to compel arbitration by engaging in litigation remain valid after the United States Supreme Court decision in Morgan v. The court granted review in August 2022. Sundance, Inc. 2022) _ U.S. _ [142 S.Ct. 1901 et seq.;

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Patently O

JANUARY 3, 2024

Court of Appeals for the Federal Circuit has begun 2023 with its first precedential patent decision in DexCom, Inc. In an opinion by Judge Stoll, the court affirmed a district court decision denying DexCom’s motion for a preliminary injunction. Abbott Diabetes Care, Inc., 2023-1795 (Fed. January 3, 2024).

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