SCOTUSBlog

DECEMBER 9, 2021

As Roberts put it, what should the court do in a situation where “the plain language” of a statute “seems to require one result,” while “the plainly logical meaning of a subsequent precedent” seems to require the opposite? But a 2012 Supreme Court decision, Martinez v. We have to follow AEDPA.”

Statute 104

Statute Lawyer Lawyers Court 104

Conflict of Laws

OCTOBER 2, 2023

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.” Litigation on the custom has been described as a matter of life and death. This custom is a mandatory norm in conflict of laws.

Laws 64

Laws Court Decisions Litigation Litigating 64

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.’”

Court 104

Court Court Decisions Litigation Litigating 104

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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Statute Court Decisions Litigating Litigation 94

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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Statute Government Court Decisions Litigation 117

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.

Court 100

Court Litigation Litigating Statute 100

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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Statute Manufacturing Court Decisions Court 95

SCOTUSBlog

DECEMBER 7, 2022

After a few slow weeks on the relist front, the Supreme Court came roaring back this week with four newly relisted petitions that, if granted, will likely be added to the March 2023 argument calendar. District courts have discretion to impose either consecutive or concurrent sentences unless a statute mandates otherwise.

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Immigration Court Statute Law Firm 103

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.

Laws 95

Laws Court Litigation Litigating 95

Constitutional Law Reporter

JUNE 1, 2023

According to the Court majority, when a prisoner pursues state post-conviction DNA testing through the state-provided litigation process, the statute of limitations for a 42 U.S.C. 1983 procedural due process claim begins to run at the end of the state-court litigation.

Statute 52

Statute Litigating Litigation Cause of Action 52

SCOTUSBlog

SEPTEMBER 3, 2021

In their petition, the legislators argue that courts are split as to whether an official seeking to intervene in a case under a state law must prove that the state’s interest is not adequately represented. Federal law curtails the extent to which a federal court can consider arguments that a prisoner has not presented in state court.

Litigation 104

Litigation Litigating Court Attorney 104

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.

Contract 103

Contract Laws Statute Litigation 103

FDA Law Blog

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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Litigating Litigation Statute Manufacturing 59

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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Drafting Statute Government Court Decisions 105

SCOTUSBlog

APRIL 16, 2021

The meaning of these distinctions is at the core of the current litigation over the 2020 CARES Act. They further claim that subsequent statutes, federal agencies and appeals court decisions have all already recognized the corporations as entities eligible for federal contracting under the ISDA.

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Government Contract Statute Education 122

The Crime Report

SEPTEMBER 2, 2022

For a time, that decision stopped the death penalty in its tracks and offered a stinging critique of its unfairness. The Furman litigation was the culmination of a campaign conducted by a group of lawyers under the auspices of the NAACP Legal Defense Fund. This time the court’s verdict was less equivocal, though no less divided.

Statute 105

Statute Lawyer Lawyers Court 105

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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Litigation Litigating Statute Court 61

SCOTUSBlog

APRIL 27, 2022

Animal Legal Defense Fund , involving the constitutionality of a Kansas statute criminalizing trespass by deception at animal facilities with intent to damage the enterprise. McCall , the other case raising the issue, which the court will now hold pending the outcome of Mallory. Next up is Bartenwerfer v.

Statute 95

Statute Stare Decisis Court Drafting 95

SCOTUSBlog

APRIL 20, 2022

Two pending petitions raise the question of the constitutionality of state statutes providing that corporations are deemed to have consented to “general” personal jurisdiction by virtue of having registered to do business in a state. Some older Supreme Court decisions support that theory of consent. Returning Relists.

Statute 107

Statute Stare Decisis Court Manufacturing 107

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

SCOTUSBlog

APRIL 22, 2022

The answer to that question turned on the relationship between a Supreme Court decision and a congressional statute. Additionally, the majority noted, the legal materials that a court may consult when addressing the two inquiries are distinct: AEDPA requires the court to focus on U.S. In Brecht v.

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Court Court Decisions Statute Legal 98

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.

Litigation 75

Litigation Litigating Court Statute 75

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.

Statute 81

Statute Court Technology Contract 81

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.

Small Business 90

Small Business Court Statute Court Decisions 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.

Statute 78

Statute Litigation Litigating Depositions 78

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.

Statute 58

Statute Construction Litigation Litigating 58

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.

Compensatory Damages 64

Compensatory Damages Laws Litigation Litigating 64

FDA Law Blog

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.

Court Rules 59

Court Rules Cause of Action Court Statute 59

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.

Statute 52

Statute Government Entertainment 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.

Court 52

Court Statute Lawyer Lawyers 52

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.

Statute 52

Statute Diligence Court Constitutional Law 52

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?

Court 104

Court Government Lawyer Lawyers 104

SCOTUSBlog

OCTOBER 5, 2023

Several of them are sequels to earlier high court decisions. First Amendment The current court is very solicitous of First Amendment rights. Three trials the district court selected as non-binding “bellwether” trials resulted in plaintiff verdicts. Below we briefly discuss those 14 cases. du Pont de Nemours & Co.

Tort 130

Tort Court Litigation Litigating 130

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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Court Decisions Court Statute Government 249

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.

Contract 52

Contract Court Construction Constitutional Law 52

Conflict of Laws

JANUARY 24, 2022

courts for use in foreign proceedings. Referring to the statute’s twin goals to provide “efficient assistance to participants in international litigation and encourag[e] foreign countries by example to provide similar assistance to our courts”, U.S. The first issue U.S.

Litigation 52

Litigation Litigating Laws Court 52

FDA Law Blog

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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Statute Litigation Litigating Construction 52