Certiorari

News & Analysis as of

The Supreme Court - May 2016

The Supreme Court of the United States issued one decision on May 2, 2016: Ocasio v. United States, No. 14-361: Petitioner Samuel Ocasio, a former police officer, was tried and convicted under the Hobbs Act for...more

Amici Support Certiorari in Sequenom v. Ariosa

In response to Sequenom's March 21 petition for certiorari seeking Supreme Court review of the Federal Circuit's decision in Ariosa Diagnostics, Inc. v. Sequenom, Inc. (see "Sequenom Petitions for Certiorari"), a total of...more

Supreme Court Denies Petition to Review Expanded Theory of Joint Infringement

On Monday the Supreme Court denied certiorari in Limelight Networks Inc. v. Akamai Technologies Inc. et al, Case No. 15-993. Limelight had petitioned the Court in January, urging for review of the Federal Circuit’s en banc...more

Reason to Cheer – SCOTUS Suits Up to Hear Copyright Clash Over Cheerleading Uniforms

Hold onto your pom-poms, copyright fans. On May 2, 2016, the U.S. Supreme Court granted certiorari to address a question that has vexed lower courts across the land: What is the appropriate test to determine when a feature...more

Supreme Court To Resolve Circuit Split Over Bank Fraud Statute

On Monday April 25, the U.S. Supreme Court granted certiorari in United States v. Shaw, a closely watched case out of the Ninth Circuit addressing the bank fraud statute, 18 U.S.C. § 1344. That statute has two subsections,...more

Is Evidence of Juror Bias in Deliberations Admissible? Supreme Court to Decide

What happens in the jury room, stays in the jury room. Except when it doesn’t. Earlier this month, the Supreme Court agreed to hear the appeal of a Colorado man whose counsel learned, after the guilty verdict was rendered,...more

US Supreme Court Hears Oral Argument on Viability of FCA’s Implied Certification Theory

In qui tam case, Supreme Court oral argument addresses practical implications of limiting the scope of the implied certification theory of liability under the FCA....more

SCOTUS Denies Review Regarding Pennsylvania Wal-Mart “Rest Break” Class Judgment

On April 4, the United States Supreme Court denied certiorari review of a $188 million class-action judgment returned against Wal-Mart in Pennsylvania state court and later upheld by the Pennsylvania Supreme Court regarding...more

Context Is Everything: Evaluating Different Approaches Toward Attorneys’ Fees Awards Under Copyright Act in Light of Supreme Court...

The Supreme Court will soon hear oral arguments on standards for awarding attorneys’ fees to the winner of a copyright dispute. Currently there are at least three different test being applied by federal courts. Data analysis...more

Supreme Court Ruling on at Least Five Patent-Related Cases

To date, the Supreme Court has granted certiorari (commonly referred to as cert) to five patent-related cases this term, which will result in three oral arguments likely to be decided before the end of the term. Two of the...more

Supreme Court Refuses to Review $188M Class Action Verdict Against Wal-Mart Based Upon “Trial by Formula”

Wal-Mart may have felt the first aftershock of the Supreme Court’s March 2016 opinion in Tyson Foods, Inc. v. Bouaphakeo, which undercut overbroad interpretations of its landmark 2011 Wal-Mart v. Dukes decision and found that...more

The EPA Gets a First Big Win at the Supreme Court in the Post-Scalia Era

On March 3, 2016 the Supreme Court denied an application by Michigan Attorney General Bill Schuette and several other states for a stay of the Environmental Protection Agency’s Mercury and Air Toxics Standards (“MATS”) – a...more

Of Slants, Skins and Signs: No Relief For Trademark Applicant Until Supreme Court Weighs In

As part of our continuing monitoring of this issue, we bring you the latest chapter in the saga over the registration of THE SLANTS trademark. After the en banc Federal Circuit struck down Section 2(a) as facially...more

The Supreme Court Emerges From Its Carbon Freeze on Design Patents

When we last left our story, Jedi combatants Apple and Samsung were circling the Supreme Court imploring it to review their dispute involving design patents—an area of the law that the Court has not touched in over a century....more

Supreme Court Update: Americold Realty Trust V. Conagra Foods (14-1382), V.L. V. E.L. (15-648), Wearry V. Cain (14-10008) And...

More fun with an even number of Justices! The Court issued two orders today reflecting in different ways on the difficulties of deciding cases with a vacant seat. This morning, the Court released its much anticipated...more

The Supreme Court - March 2016 #5

The Supreme Court of the United States issued one per curiam decision on March 29, 2016: Friedrichs v. California Teachers Assn., No. 14-915: Petitioner Rebecca Friedrichs and other public school teachers in California...more

The Supreme Court - March 2016 #3

The Supreme Court of the United States issued one per curiam decision on March 21, 2016: Caetano v. Massachusetts, No. 14-10078: Massachusetts enacted a law prohibiting the possession of stun guns. That law was upheld...more

Court Lacks Subject Matter Jurisdiction To Review Interference Ruling

ABT Holding Company, et al. v. Garnet Biotherapeutics, Inc., C.A. No. 14-1512 – LPS-CJB, March 23, 2016 - Burke, C. J. Report and recommendation recommending that defendant’s motion to dismiss based on lack of subject...more

Environmental Notes - March 2016

U.S. Supreme Court to Decide Whether Jurisdictional Determinations May be Appealed - The U.S. Army Corps of Engineers determines the presence or absence of wetlands and other “waters of the United States” on a...more

U.S. Supreme Court to Decide Whether Jurisdictional Determinations May be Appealed

The U.S. Army Corps of Engineers determines the presence or absence of wetlands and other “waters of the United States” on a particular site by issuing a “jurisdictional determination” (JD). A JD is of great significance to...more

An Unexpected Supreme Court Decision Slows the Implementation of the Clean Power Plan

The legal dispute over one of the Obama Administration’s signature regulatory programs – the Clean Power Plan (the “CPP”) – took an unexpected turn on February 9, 2016, when the Supreme Court granted a request by 27 states...more

Supreme Court Won’t Resolve Multi-Circuit Split on Ascertainability Requirement

On February 29, the U.S. Supreme Court denied certiorari review in Mullins v. Direct Digital, LLC, No. 15-1776, an ascertainability case we previously covered when it was decided in the Seventh Circuit. In Mullins, a panel of...more

To “SIB” or Not to “SIB” – That Is the Question on How to Timely Fund Necessary Water and Wastewater Infrastructure Improvements

Recently, the U.S. Environmental Protection Survey showed that $271 billion is needed for the Nation’s Wastewater Infrastructure, including for investor-owned utilities regulated by state public utility commissions....more

Supreme Court Denies Certiorari in Closely Watched Consumer Class Action Case

In its first conference since the death of Justice Antonin Scalia, the U.S. Supreme Court declined to hear an important Seventh Circuit case that emphatically rejected a ''heightened'' standard for ascertaining class members...more

Copyright and Trademark Case Review

Summaries of Recent Precedential and Informative Appellate Opinions - January 29 – February 26 Copyright Opinions - CBS Broadcasting Inc. v. FilmOn.com, Inc., No. 14-3123-cv (2d Cir. Feb 16, 2016): Second...more

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