SCOTUSBlog

MARCH 18, 2022

Share The Federal Arbitration Act requires courts to enforce arbitration agreements in most circumstances. But what happens if a party begins to litigate a case, and then seeks to compel arbitration several months later? Sundance , which will be argued on Monday, the Supreme Court will consider whether this is the correct rule.

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SCOTUSBlog

MARCH 24, 2022

Share The current Supreme Court is undoubtedly pro-arbitration – but after Monday’s oral argument in Morgan v. At the same time, the justices seemed to differ over why that was, and what standard the court should adopt for future cases. The district court decided that by delaying, Sundance waived its right to demand arbitration.

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LegalReader

MARCH 21, 2021

The student, Sydney Warner, filed the suit in Bremer County District Court over allegations that the “value of the remote learning provided by the college was less than the.

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SCOTUSBlog

APRIL 20, 2023

Share During oral argument in two consolidated cases on Tuesday, the court seemed poised to reverse the decision of the U.S. Court of Appeals for the 7th Circuit and reject a ruling observers said would gut the government’s primary anti-fraud statute.

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Patently O

FEBRUARY 22, 2023

Stroud is General Counsel at Unified Patents – an organization often adverse to litigation-funded entities. [1] litigation finance boom of the past 20 years—as has been widely reported, private equity now undergirds huge swaths of U.S. Guest post by Jonathan Stroud. Patent assertion finance today is a multibillion-dollar business. [2]

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Litigation Litigating Court Finance 126

NewmanFerraraLLP

JANUARY 8, 2023

Case Grounded on Fraud and Misrepresentation In mid-November, Kristie Brownell filed a proposed class action in a New York federal court against Starbucks Coffee Co. , the world’s largest coffeehouse chain. Will Starbucks wake up and smell the coffee? # # # SOURCE Brownell v Starbucks Coffee Company (Class Action Complaint).

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Patently O

MAY 17, 2021

1] The topic is personal jurisdiction –when may a Federal Court exercise its power over an out-of-state patentee in a declaratory judgment action challenging the patent’s validity. ISI is a subsidiary of Trimble that is both incorporated and headquartered in Iowa. In the U.S.,

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NewmanFerraraLLP

JANUARY 23, 2023

This Litigation Was Pretty Juicy. The plaintiff, who lived in Illinois, sought to pursue claims on behalf of herself and a class of other Illinois-based purchasers, together with those consumers who lived in Arkansas, Iowa, Wyoming, Texas, Nebraska, South Dakota, West Virginia, Utah, Idaho, Nebraska and Montana. In Cristia v.

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NewmanFerraraLLP

JANUARY 19, 2023

This Doesn't Sound Very Soothing On December 7, 2022, throat-drop manufacturer Ricola USA was sued in federal court (Southern District of New York, White Plains Courthouse), because one of its products, labelled “Green Tea With Echinacea,” is alleged to have been deceptively marketed. RICOLA USA (federal court complaint)

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JURIST

JULY 17, 2023

A district judge in Iowa issued a temporary injunction on the state’s new “ fetal heartbeat law ” Monday following a suit by abortion providers to block the strict abortion ban, formally known as House File (H.F.) Patience and perseverance are also hallmark traits on both sides, traits that continue to deserve respect.

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SCOTUSBlog

OCTOBER 10, 2022

On Tuesday, the Supreme Court will hear oral argument in a challenge to the constitutionality of the law. The National Pork Producers Council and the American Farm Bureau Federation went to federal court in California in December 2019 to challenge the law. A federal district court rejected the challengers’ argument, and the U.S.

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Patently O

MARCH 17, 2022

I’m teaching my usual Introduction to Intellectual Property course, together with an especially large Civil Procedure class (which at Iowa is 4 credit hours), and the Iowa Innovation, Business & Law Center is running an exciting speaker series on Genetics, Law and Society.

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Patently O

APRIL 22, 2021

Below he introduces the core idea underlying his new article on nonobviousness forthcoming in the Iowa Law Review. My take is different: the whole primary/secondary categorization is unhelpful, especially in litigation and during post-issuance PTAB review. Nonobviousness and Time. Dmitry Karshtedt. Let’s take one illustration.

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JURIST

JANUARY 17, 2024

The US Supreme Court denied certiorari Tuesday to an Indiana public school district’s appeal of a ruling that prohibited the district’s transgender bathroom policy. The Supreme Court refused without comment to hear the case, letting the lower court’s ruling stand.

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SCOTUSBlog

FEBRUARY 23, 2022

Share The Relist Watch column examines cert petitions that the Supreme Court has “relisted” for its upcoming conference. The court has granted review in eight cases, six of them relisted, on four different order lists. Of course, the court also denied cert for a couple relists. Court of Appeals for the 7th Circuit, held below).

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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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SCOTUSBlog

JANUARY 20, 2022

Share The Relist Watch column examines cert petitions that the Supreme Court has “relisted” for its upcoming conference. At this Friday’s conference, the Supreme Court will thus begin the process of considering what cases to review next fall during October Term 2022. The district court and U.S. What’s the difference ?

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SCOTUSBlog

OCTOBER 11, 2022

To what extent, she said, does California get to control how Iowa houses its sows? Why can’t California solve this problem some other way – for example, by segregating Iowa’s pork or requiring it to be labeled as coming from conditions to which the state objects? Isn’t that something, Roberts concluded, that courts should consider?

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Broadcast Law Blog

DECEMBER 9, 2016

This would be similar to the controls over the rates of ASCAP, BMI and SESAC, whose rates can only be imposed following an agreement with a copyright holder or, where there is no voluntary agreement, by a determination by a court (for ASCAP and BMI) or an arbitration panel (for SESAC) that the new rates are reasonable.

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JonathanTurley

SEPTEMBER 21, 2021

There is now an important ruling out of the United States Court of Appeals for the Eighth Circuit that could have enormous implications not just for the media but anyone who retweets stories or claims. The Supreme Court ruled that tort law could not be used to overcome First Amendment protections for free speech or the free press.

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LawSites

MARCH 10, 2023

Joe continues to tinker away and can currently be found in Northwest Iowa. Nicole began her career and practiced for 15 years at an AmLaw 100 firm in Chicago where she was a partner in the litigation department. As a student, I was provided with a lot of opportunities to get involved with the ReInvent program.

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JURIST

FEBRUARY 15, 2023

The Minnesota Supreme Court Wednesday upheld a state law prohibiting convicted felons from voting while on probation or parole in a 3-1 ruling. The court rejected this argument. This latest ruling is part of a wave of legislation and litigation surrounding felony disenfranchisement. The law at issue, Minn.

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The Crime Report

JANUARY 4, 2023

But that hasn’t stopped some from promoting his methods and even deploying 911 call analysis in court to win convictions. She said she disguised 911 call analysis in court by “getting creative … without calling it ‘science.’”. “I Searches for 911 call analysis in national court dockets come up virtually empty too.

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ClimateChange-ClimateLaw

OCTOBER 20, 2020

Each month, Arnold & Porter and the Sabin Center for Climate Change Law collect and summarize developments in climate-related litigation, which we also add to our U.S. climate litigation charts. Federal Court in Rhode Island Allowed Failure-to-Adapt Claims to Proceed. and non-U.S. FEATURED CASE.

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SCOTUSBlog

NOVEMBER 15, 2021

Concepcion , the Supreme Court ruled that the Federal Arbitration Act requires courts to put arbitration agreements “on an equal footing with other contracts.” On Monday, the court agreed to hear a lawsuit from a fast-food worker who alleges that a lower court treated an arbitration clause too favorably. Ohio, ex rel.

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LawSites

MARCH 18, 2024

We’d all been working for over a year on a contract that would make it possible, someday in the future, for everyone to have free and open access to all the official court decisions ever published in the United States. state and federal court decisions representing the bulk of our nation’s common law. Why Even Do This Project?

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JonathanTurley

JANUARY 31, 2023

That view was captured this week in the comment of Iowa school board member Rachel Wall, who said: “The purpose of a public ed is to not teach kids what the parents want. Indeed, courts repeatedly rule against universities. Yet administrators have an incentive to yield to the mob, even at the cost of millions in litigation costs.

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SCOTUSBlog

DECEMBER 1, 2022

Share The Supreme Court will fast-track a challenge to the Biden administration’s student-debt relief program and hear oral argument in February, the court said Thursday. The $400 billion program will remain on hold in the meantime due to lower-court rulings that have blocked the government from implementing it.

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JonathanTurley

AUGUST 15, 2022

Chuck Grassley (R-Iowa) on the Clinton investigation that, although the statute allows for gross negligence charges, prosecutors have long balked at the “constitutional implications of criminalizing such conduct without requiring the government to prove that the person knew he or she was doing something wrong.” 16, 2016, letter to Sen.

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JonathanTurley

DECEMBER 9, 2021

However, the moment that most struck me was an exchange between Supreme Court Justice Samuel Alito and Maine Chief Deputy Attorney General Christopher Taub where Taub appeared to acknowledge that legislatures have every right to ban critical race theory (CRT) from being taught. Maine is one of the states moving to ban CRT. Makin , Docket No.

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ClimateChange-ClimateLaw

JUNE 8, 2021

Each month, Arnold & Porter and the Sabin Center for Climate Change Law collect and summarize developments in climate-related litigation, which we also add to our U.S. climate litigation charts. The Court’s decision concerned the interpretation of 28 U.S.C. In addition, the Court cited its decision in Yamaha Motor Corp.,

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SCOTUSBlog

JULY 6, 2021

Share This article is part of a symposium on the court’s decision in Brnovich v. Muller is the Bouma fellow in law and professor of law at the University of Iowa College of Law. Democratic National Committee set the path for the six-justice majority of the Supreme Court to reject challenges to two Arizona laws.

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The Crime Report

FEBRUARY 23, 2023

And that legal distinction means Utahns like Mateer who decide to sue a health care provider for alleged sexual abuse are treated more harshly by the court system than plaintiffs who say they were harmed in other settings. The chance to go to civil court for damages is an important option for survivors, experts say.

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SCOTUSBlog

FEBRUARY 13, 2023

28, the Supreme Court will hear oral arguments in a pair of challenges to the program. But the court’s decision could also have a legal impact well beyond this case, as the justices weigh issues such as when states can go to court to contest federal policies and how courts should interpret laws giving power to federal agencies.

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Education Government Court Legal 101

SCOTUSBlog

SEPTEMBER 14, 2021

The solicitor general represents the federal government’s interests before the Supreme Court and is sometimes known as “the 10th justice” because of the influence that the job carries. Grassley questioned Prelogar on whether continuing in a similar vein would pose challenges to the office’s credibility.

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