We gave you our quickie analysis of Goodyear Dunlop Tires Operations, S.A. v. Brown, ___ U.S. ___, 2011 WL 2518815 (U.S. June 27, 2011); and J. McIntyre Machinery, Ltd. v. Nicastro, ___ U.S. ___, 2011 WL 2518811 (U.S. June 27, 2011), here, the day after those cases were decided. We weren’t alone. Our partner, Sean Wajert, analyzed these cases on his blog the day after. The Prawfs’ network was even quicker out of the blocks than we were, and later posted an even more interesting followup here. SCOTUSblog posted an article about the two cases here. There’s lots more, see here, here, here, here, and here. (Please see links below.)
This post, however, is “2.0.” We’re not going to rehash (much) the facts of Brown and Nicastro or offer detailed point-by-point analysis of the reasoning. We already did that. Today we're thinking in terms of what the Court did, and how that affects what we do going forward.
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