Intent

News & Analysis as of

Five Surprising Facts About the Inclusive Communities Case

In the Supreme Court’s recent, landmark decision in Texas Department of Housing & Community Affairs v. Inclusive Communities Project, Inc., 576 U.S. ___, 2015 WL 2473449 (Jun. 25, 2015), the Court held that, while disparate...more

Whose Intent to Evade Tax Is It?

On July 29, 2015, the Federal Circuit, rejecting the Tax Court’s decision in Allen v. Commissioner, 128 T.C. 37 (2007), held in BASR Partnership v. United States, No. 2014-5037, that section 6501(c)’s suspension of the...more

"Duke" Blazes a New Trail in Estate Law - California Supreme Court Reverses Course, Changing 50 Years of Precedent

The California Supreme Court issued its long-anticipated decision in Estate of Duke July 27, 2015, changing the way in which all state courts evaluate wills prospectively. At issue was a rule established by the Supreme Court...more

Supreme Court Requires Proof of Criminal Intent Even If Facebook Threats Are Obvious to a Reasonable Person

On June 1, 2015, in Elonis v. United States, ____ U.S. ___ (2015) (Docket #13-983), a case involving statements made on the Criminal Defendant/Petitioner’s Facebook page, the U.S. Supreme Court reversed the Third Circuit’s...more

Meeting of the Minds at the Inbox: Some Pitfalls of Contracting via Email

We have had a number of clients run into issues relating to whether or not an email exchange constituted a binding contract. This issue comes up regularly when informality creeps into negotiations conducted electronically,...more

Come What May: The Power of Testimony in Domicile Cases

One of the more interesting aspects I’ve seen in residency cases in my practice is the importance and understanding of a taxpayer’s intent in the overall analysis. That’s part of what makes residency cases so unique. There...more

SCOTUS rules Facebook posts not threatening without intent

The Supreme Court of the United States of America (SCOTUS) ruled on June 1, 2015, that violent Facebook posts of a husband about killing his wife with a mortar launcher and blowing up FBI agents cannot be considered...more

Insider Trading Recklessness and Kevin Love’s Shoulder

A couple of weeks ago I expressed skepticism about the ultimate impact of Judge Rakoff’s recent opinion in SEC v. Payton. In it, he held that for purposes of a motion to dismiss, the SEC had adequately alleged insider...more

U.S. Sentencing Commission Approves Major Changes to Fraud Guidelines - The Updates Could Significantly Affect White Collar...

On April 9, 2015, the United States Sentencing Commission voted to approve changes to §2B1.1 of the sentencing guidelines. The changes will take effect on Nov. 1, 2015, unless Congress objects. If they go into effect, these...more

Ruling Highlights the Need for Testamentary Intent for Holographic Codicil

Last month, the Fairfax, Virginia Circuit Court issued a written opinion that, while it does not break new law in Virginia, illustrates how a writing must demonstrate “testamentary intent” to qualify as a valid holographic...more

When is an Electronic Signature Enforceable?

When is an electronic signature sufficient to make an agreement enforceable? Two recent California Court of Appeal decisions rejected efforts to enforce agreements supposedly entered into with electronic signatures under the...more

Supreme Court to Review Defenses to Induced Patent Infringement

On December 5, 2014, the Supreme Court granted certiorari in Commil USA, LLC, v. Cisco Systems, Inc., to decide whether a defendant’s good-faith belief that a patent is invalid is a defense to induced infringement....more

Supreme Court to Consider Good-Faith Belief of Invalidity Defense

On December 5, 2014, the Supreme Court granted certiorari in Commil v. Cisco to decide whether an infringer’s good-faith belief of patent invalidity is a defense to induced infringement. The case could prove significant for...more

Proving An Operator’s Gross Negligence: Is Intention Required?

Establishing an operator’s gross negligence requires “a degree of intentionality”, the Alberta Court of Queen’s Bench recently held in Bernum Petroleum Ltd v Birch Lake Energy Inc, 2014 ABQB 652 [Bernum]....more

Delaware Supreme Court Finds UCC Termination Filings Valid Despite Lack of Lender’s Intent

On October 17, the Delaware Supreme Court held that JP Morgan (JPM) terminated its security interest in all of the collateral provided by General Motors (GM) in support of a $1.5 billion loan, despite neither party intending...more

Supreme Court Adopts Broad Interpretation Of Bank Fraud

Choosing to adopt a broad view of what constitutes bank fraud under the federal bank fraud statutes, the U.S. Supreme Court held that to constitute a violation of the statute, no proof of intent to defraud the particular...more

Case Illustrates Dangers of Executing a Will Without Legal Assistance

People sometimes try to save money by not consulting with a qualified attorney when executing their will, instead using a pre-printed form or online program. A recent court case offers yet another example of the hazards of...more

Lack of Intent Must Be Proved for All Times After Learning of a Patent

Bose Corp. v. SDI Techs., Inc. - Addressing the requisite intent required to prove induced infringement, the U.S. Court of Appeals for the Federal Circuit reversed a lower court’s summary judgment of non-infringement,...more

Does the Filing on an IPR Negate the Intent Element for an Indirect Patent Infringement Action? One District Court Says No.

Clouding IP ("Clouding") filed a patent infringement action against Rackspace, which alleged direct, indirect, and willful infringement of the patents-in-suit. The district court granted defendant Rackspace's motion to...more

Florida Supreme Court Compels Legislator Depositions in Redistricting Case

On December 13, 2013, the Florida Supreme Court decided that Florida legislators and legislative staff members can be forced to give deposition testimony and produce documents relating to legislation establishing new...more

Spilman Alert: W.Va. Supreme Court Rulings Impact Defense of Deliberate Intent Cases

The West Virginia Supreme Court of Appeals recently issued two rulings that have a significant impact on the way employers may defend cases brought under West Virginia's deliberate intent statute (W.Va. Code § 23-4-2)....more

Florida Possession With Intent to Deliver Controlled Substance Not An Aggravated Felony

Convictions of certain types of crimes, referred to as “Aggravated Felonies,” carry severe immigration consequences for foreign nationals seeking permanent residence, citizenship, asylum, and relief from removal. The types...more

How Much “Intent” is Enough to Support an “Intent to Use” Trademark Application?

For many years now, the US Trademark Office has accepted trademark applications based upon a “bona fide intent to use” the applied-for mark on all the goods and/or to provide all of the services listed in the application at...more

When Intent Matters in Trademark Matters

One of the unfortunate aspects of trademark practice is the permission that exists in the law to challenge the motives and intentions of people. Unfortunate, because this permission is frequently abused, especially by...more

W.Va. Supreme Court Decision Could Have Significant Implications for Employer Liability Under Deliberate Intent Statute

The Supreme Court of Appeals' recent decision in McComas v. ACF Indus., Inc. could have significant implications for employer liability under West Virginia's deliberate intention statute. In McComas, the plaintiff was a...more

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