The Court continued its steady flow of spring decisions today, handing down three more. Two have been making headlines for their potential (though unspoken) impact on “patent trolls” (a derogatory term used to refer to those that hold patents not to manufacture products, but to extract licensing fees or inhibit competition). Octane Fitness, LLC v. ICON Health & Fitness, Inc. (12-1184) and Highmark Inc. v.
Read More Octane Fitness, LLC v. ICON Health & Fitness, Inc. (12-1184) and Highmark Inc. v. Allcare Health Management System, Inc. (12-1163)
Paroline v. United States (12-8561), White v. Woodall (12-794), Prado Navarette v. California (12-9490) and Order List
We know you’ve barely finished digesting Schuette, but we’re back to catch you up on the Court’s remaining decisions from this week: Paroline v. United Sates (12-8561), addressing restitution for victims of child pornography; White v. Woodall (12-794), reversing a grant of habeas corpus for failure to adhere to AEDPA’s deferential standard of review of state court decisions (shocking, we know); and
McCutcheon v. Federal Election Commission (12-536), United States v. Castleman (12-1371), Northwest, Inc. v. Ginsburg (12-462) and Order List
The Court surprised us with an early decision last week in McCutcheon v. Federal Election Commission (12-536), striking down aggregate limits on campaign contributions. Rather than waiting until the end of the Term, the Court handed down the weighty decision with two months to spare. This Update will cover McCutcheon as well as United States v. Castleman (12-1371), on what qualifies as “a
Read More McCutcheon v. Federal Election Commission (12-536), United States v. Castleman (12-1371), Northwest, Inc. v. Ginsburg (12-462) and Order List
Lexmark v. Static Control Components (12-873); United States v. Quality Stores, Inc. (12-1408) and Order List
This Update covers two of the Court’s three decisions from last week, a good week for toner and tax aficionados: Lexmark v. Static Control Components (12-873), on who can maintain an action for false advertising under the Lanham Act; and United States v. Quality Stores, Inc. (12-1408), on whether severance payments made to employees terminated against their will are taxable “wages” under the
Read More Lexmark v. Static Control Components (12-873); United States v. Quality Stores, Inc. (12-1408) and Order List
Marvin M. Brandt Revocable Trust v. United States (12-1173) and Order List
We’re back with yesterday’s decision and orders.
The Government was hoisted by its own petard in Marvin M. Brandt Revocable Trust v. United States (12-1173), a case that could significantly impede federal efforts to convert abandoned railway lines into bike trails. The Government argued in this case that rights of way given to railroad companies under a federal law between 1875 and 1976 were
Read More Marvin M. Brandt Revocable Trust v. United States (12-1173) and Order List
Rosemond v. United States, Lozano v. Montoya Alvarez and BG Group PLC v. Republic of Argentina (12-138)
We’re back to wrap up last week’s decisions: Rosemond v. United States (12-895), on criminal aiding and abetting; Lozano v. Montoya Alvarez (12-820), addressing international child abduction; and BG Group PLC v. Republic of Argentina (12-138), discussing arbitration agreements in international bilateral investment treaties.
Before we get started, though, we need to say a fond farewell to Julie Loughran, a dedicated author
Read More Rosemond v. United States, Lozano v. Montoya Alvarez and BG Group PLC v. Republic of Argentina (12-138)