Constitutional Law Reporter

MAY 21, 2024

There is nothing in the provision to distinguish, as the courts below did, between transfers causing significant disadvantages and transfers causing not-so-significant ones. To demand “significance” is to add words—and significant words, as it were—to the statute Congress enacted.

Court 52

Court Statute Constitutional Law Drafting 52

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 93

Court Court Decisions Litigation Litigating 93

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.

Litigation 61

Litigation Litigating Statute Court 61

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.

Immigration 135

Immigration Statute Government Court 135

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 84

Contract Laws Statute Litigation 84

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 102

Statute Lawyer Lawyers Court 102

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.

Court Decisions 98

Court Decisions Statute Court Litigation 98

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

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.

Statute 93

Statute Court Decisions Litigation Litigating 93

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

SCOTUSBlog

MAY 28, 2024

Avenatti came to the Supreme Court earlier this year, asking the justices to decide whether one of the statutes under which he was convicted – barring fraud that deprives someone else of “the intangible right of honest services” – is so vague that it is unconstitutional. A Florida state court upheld Cunningham’s conviction.

Court 116

Court Felony Lawyer Lawyers 116

Patently O

MARCH 24, 2022

Hirshfeld has the legal power to fulfill the expanded job as required by the Supreme Court’s decision. Guest post by Nina Mendelson , Following one Supreme Court decision posing dangers for the integrity of all sorts of agency adjudication, the ongoing litigation in Arthrex v. 1) The litigation background.

Statute 77

Statute Court Litigation Litigating 77

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

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.

Government 52

Government Statute 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

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

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.

Immigration 89

Immigration Court Statute Law Firm 89

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.

Statute 94

Statute Manufacturing Court Decisions Court 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.

Statute 114

Statute Government Court Decisions Laws 114

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

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 57

Statute Construction Court Litigation 57

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 74

Litigation Litigating Court Statute 74

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.

Technology 90

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.

Statute 77

Statute Litigation Litigating Court 77

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 83

Court Litigation Litigating Statute 83

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

SCOTUSBlog

MAY 28, 2021

Hill , the Louisiana Supreme Court affirmed a district court ruling that struck down two state statutes — one requiring sex offenders to obtain specialized identification cards (with the words “SEX OFFENDER” in all caps) and the other prohibiting alteration of such identification documents.

Felony 133

Felony Statute Court Attorney 133

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] ).

Drafting 105

Drafting Statute Government Court Decisions 105

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.;

Calendaring 45

Calendaring Court Entertainment Statute 45

ClimateChange-ClimateLaw

DECEMBER 11, 2023

This blog post explores how the litigation landscape has developed since the SEC proposed the rule, and discusses the implications of several developing cases and doctrines. Together, these matters suggest a volatile litigation landscape that the SEC will have to navigate thoughtfully as it finalizes and defends the climate disclosure rule.

Legal 62

Legal Legal Court Statute 62

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 85

Litigation Litigating Court Attorney 85

ClimateChange-ClimateLaw

NOVEMBER 4, 2022

Two principal federal antitrust statutes govern agreements among competitors: the Sherman Act of 1890, which prohibits monopolization and unlawful trade restraints, and the Clayton Act of 1914, which identifies additional prohibited conduct, including with respect to interlocking directorates, and mergers and acquisitions.

Finance 102

Finance Litigation Litigating Laws 102

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.

Court 92

Court Court Decisions Statute Legal 92

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 81

Statute Stare Decisis Court Drafting 81

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 103

Statute Stare Decisis Court Manufacturing 103

FDA Law Blog

MARCH 29, 2022

After years of regulatory procedures and litigation in two federal courts (the District Court for the District of Columbia and the U.S. Court of Appeals for the D.C. The court decisions were subjects of prior blogposts (link here and here ).

Court Decisions 40

Court Decisions Technology Court Statute 40

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.

Court 68

Court Laws Statute Litigation 68