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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SCOTUSBlog

MAY 28, 2021

Hotels.com crisply resolved what would seem to be a basic procedural question: how courts should decide the “costs” that the prevailing party on appeal can recover from the losing party. Justice Samuel Alito’s opinion for a unanimous court tells us the answer: the court that resolved the appeal decides, not the district court.

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SCOTUSBlog

DECEMBER 7, 2022

Share The Relist Watch column examines cert petitions that the Supreme Court has “relisted” for its upcoming conference. 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.

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Patently O

FEBRUARY 24, 2022

The Supreme Court has not yet granted writ of certiorari in any patent cases this term. Rather, any new grant this term will very likely be pushed back to the October 2022 Term for hearing and decision. Still, there are a number of important patent cases pending before the court. by Dennis Crouch. Lets talk them through.

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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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Intelligize Blog

JULY 9, 2024

Have you heard about the big Supreme Court decision that came down a couple weeks ago? For roughly 40 years, administrative law in the United States has adhered to the Chevron doctrine, so named for the Supreme Court’s ruling in Chevron U.S.A., Last month, the Supreme Court’s holding in Loper Bright Enterprises v.

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SCOTUSBlog

APRIL 22, 2022

Davenport , the Supreme Court held on Thursday that a federal court cannot grant habeas relief to a convicted state prisoner whose constitutional rights were violated at trial unless that prisoner satisfies both the judicially-created Brecht v. The Supreme Court held in 2005 in Deck v. Share In Brown v. In Brecht v.

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SCOTUSBlog

JULY 9, 2024

Share The Petitions of the Week column highlights some of the cert petitions recently filed in the Supreme Court. This week, we highlight petitions that ask the court to consider, among other things, whether that 30-day deadline bars owners from reclaiming property if they file with a missing signature. In Sanchez v.

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SCOTUSBlog

JANUARY 10, 2022

Share The Supreme Court will hear oral arguments on Tuesday in two related immigration cases , Johnson v. Gonzalez raises the additional question of whether, in a class action brought by noncitizens in detention, a district court has the authority to issue classwide injunctive relief. The Supreme Court will now review those decisions.

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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. Most important, though, are two relatively recent decisions enforcing maritime forum-selection clauses, The Bremen v.

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SCOTUSBlog

OCTOBER 6, 2021

Share The Supreme Court heard oral argument Tuesday in Brown v. The dispute centers on whether that error was harmless and, more specifically, what test a federal habeas court should apply when addressing a state prisoner’s claim that the state courts incorrectly deemed a constitutional violation harmless.

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SCOTUSBlog

DECEMBER 9, 2021

Share On Wednesday, the court heard oral argument in Shinn v. 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? The question raised in Shinn v.

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Patently O

APRIL 11, 2024

The Supreme Court answered that question as it relates to 35 U.S.C. § In answering that question, the Supreme Court applied its recently minted, two-step methodology for assessing the extraterritorial reach of U.S. statutes generally. statutes generally. 284, the Court noted that damages are tied to “the infringement.”

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Constitutional Law Reporter

MAY 14, 2024

Supreme Court held that the Federal Arbitration Act’s (FAA) exemption for transportation workers in interstate commerce applies to transportation workers regardless of whether they work in the transportation industry. Supreme Court’s Decision The Supreme Court unanimously reversed. “A In Bissonnette v. Adams , 532 U.S.

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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.” by Dennis Crouch.

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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). Who better to know the answer to that question than the Ohio Supreme Court, which, under Erie Railroad Co. 22-3750/3751/3753/3841/3843/3844.

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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. Supreme Court’s Decision The Supreme Court reversed by a vote of 6-3.

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Constitutional Law Reporter

FEBRUARY 16, 2023

Supreme Court issued its first opinion of the 2022-2023 Term. S. _ (2023), a unanimous Court held that the effective date of an award of service-related disability compensation to a veteran of the United States military determined pursuant to 38 U.S.C. §§ 5110(a)(1) and 5110(b)(1) is not subject to equitable tolling. In Arellano v.

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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. Later, in Mayo and Alice , the Supreme Court fleshed-out its two step test for determining eligibility for these categorical exclusions. The recent decision in Hawk Tech Sys.

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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

APRIL 19, 2022

Arizona is one of the most significant Supreme Court decisions in American criminal procedure. Generally, if the police obtain a suspect’s statement in violation of Miranda , the government cannot use that statement against the defendant in court. Tekoh presents the court with that question. Share Miranda v.

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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. This argument was quickly rejected by the court. (2) Thus, the district court properly dismissed the claims against Mylan N.V. Celgene Corp. Mylan Pharma ( Fed. owns MPI.

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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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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? I call it questionable because of the different standards of proof applied in the PTAB vs the District Court. See, for instance, Moffitt v. Garr , 66 U.S.

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The Crime Report

SEPTEMBER 2, 2022

The Furman litigation was the culmination of a campaign conducted by a group of lawyers under the auspices of the NAACP Legal Defense Fund. They hoped the Supreme Court would strike down the death penalty because of its demonstrated racial discrimination and other inequities. The Furman Framework. The ruling was narrow in scope.

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SCOTUSBlog

FEBRUARY 21, 2022

The Supreme Court first addressed the problem squarely in its 1987 decision in California v. That decision distinguishes between types of gambling that a state prohibits outright and types of gambling that a state tolerates subject to regulation. Cabazon Band of Mission Indians.

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Patently O

SEPTEMBER 21, 2022

The PTAB is the busiest patent court in the country. The Board cancels lots of patent claims, but also regularly sides with patentees in the Final Written Decision (at least as to some claims). More recently, the court was faced with unique partial-institution circumstances in Click-to-Call Techs. by Dennis Crouch. 1348 (2018).

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Conflict of Laws

MARCH 10, 2021

In the year 2020, the Nigerian Court of Appeal delivered at least three decisions on foreign choice of court agreements. [1] In the first two decisions delivered in the year 2020, the Nigerian Court of Appeal gave full contractual effect to the parties’ foreign choice of court agreement. [2]

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SCOTUSBlog

SEPTEMBER 3, 2021

Court of Appeals for the 4th Circuit eventually affirmed the district court’s denial of the legislators’ attempt on the ground that the state attorney general was adequately defending the law. 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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At the Lectern

MAY 1, 2024

The Supreme Court today announced it will hear nine cases on its late-May calendar. That’s as many arguments as on next week’s large early-May calendar , and it puts the court on pace to issue well over 50 opinions this term. The court granted review in March 2023. The court granted review in August 2022.

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SCOTUSBlog

APRIL 20, 2022

Share The Relist Watch column examines cert petitions that the Supreme Court has “relisted” for its upcoming conference. The court denied cert on Monday. Justice Sonia Sotomayor, joined by Justices Stephen Breyer and Elena Kagan, filed an opinion dissenting from the court’s denial of summary vacatur.

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FDA Law Blog

APRIL 23, 2021

The Supreme Court has handed down a decision in AMG Capital Management, LLC, et al. The question presented is whether this statutory language authorizes the Commission to seek, and a court to award, equitable monetary relief such as restitution or disgorgement. It did that by focusing on the text of the statute.

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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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SCOTUSBlog

OCTOBER 5, 2023

Share The Relist Watch column examines cert petitions that the Supreme Court has “relisted” for its upcoming conference. The Supreme Court has returned from its summer break and gotten down to business. The court agreed to review a dozen petitions from that conference. Several of them are sequels to earlier high court decisions.

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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. decision, two key issues remained undecided. While the U.S.

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SCOTUSBlog

APRIL 16, 2021

On Monday, the Supreme Court will hear argument on that question in Yellen v. Oklahoma last term, the court confronted the complex past of Oklahoma’s Native nations, Chehalis turns on the unique legal history of Alaskan Natives. The meaning of these distinctions is at the core of the current litigation over the 2020 CARES Act.

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Broadcast Law Blog

OCTOBER 27, 2017

In a decision this week, the Florida Supreme Court rejected claims by Flo & Eddie (of the 1960s band the Turtles) that there was a common law public performance right in pre-1972 sound recordings in the state of Florida (the opinion is available here ). Could California decide differently?

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