The United States Supreme Court is the highest court of the United States and is charged with interpreting federal law, including the United States Constitution. The Court's docket is largely discretionary... more +
The United States Supreme Court is the highest court of the United States and is charged with interpreting federal law, including the United States Constitution. The Court's docket is largely discretionary with only a limited number of cases granted review each term. The Court is comprised of one chief justice and eight associate justices, who are nominated by the President and confirmed by the Senate to hold lifetime positions.
Bill on Bankruptcy: Lawyers Easily Make Simple Words Complicated
D.C. Court Wreaks Havoc on NLRB Pro-Worker Cases
Are Human Genes Patentable? Supreme Court Hears Oral Arguments in Myriad Case
President Obama Appoints Three Members to NLRB, but Will They Be Confirmed?
Can You Patent Human Genes? ACLU Says No
Supreme Court Raises the Bar for Class Certification in Comcast Corp. v. Behrend
Bill on Bankruptcy: ResCap Report, a Bargain at $83 Million
'Gray Market' Lawyer: Congress Won't Change Copyright Laws
Journalist Who Changed How SCOTUS Is Covered
Analysis of Oral Arguments in the Two Same-Sex Marriage Cases Before the Supreme Court
Weekly Brief: $350K in Wine Leads to $14M Lawsuit
Supreme Court Closes CAFA Loophole in Standard Fire v. Knowles
Viewer's Guide to Gay Marriage Oral Arguments
Weekly Brief: Are Scholarships a Bait-and-Switch For Law Students?
As Expected, Noel Canning v. NLRB Headed to the Supreme Court
Bill on Bankruptcy: How Purchasers of AMR Stock Made a Killing
SEC News - Five Year Enforcement Limitation, FCPA Charges for Foreign Nationals, More...
Justices Kagan & Sotomayor Do 180s On Video At High Court
With Probable Cause and Drug-Sniffing Dogs, Supreme Court Would Rather Keep Things Fluid
Corporate Law Report: Global HR, Textual Harassment, Working Interviews, and Other Workplace Issues
Harsh Criticism for Ad Industry Over DNT -
The advertising industry faced harsh criticism at a hearing held by Sen. Jay Rockefeller (D-W.V.). He addressed the implementation of a federal Do Not Track program and...more
In This Issue:
- Data-Breach Class Actions After the Supreme Court Decision in Clapper
- California Supreme Court Holds That Song-Beverly Credit Card Act Does Not Apply to Online Purchases
Native American tribes increasingly are engaging in consumer lending over the Internet. These “tribal loans” present unique legal questions and issues, including whether tribal sovereign immunity shields tribes and their...more
On March 25, 2012, the Supreme Court heard oral argument on the legality of “reverse payment” or “pay for delay” agreements between brand-name and generic drug manufacturers....more
In this issue:
- The Time Is Here: Protecting Your Brands Against New Top-Level Domain Names
- Kirtsaeng v. John Wiley & Sons, Inc.: Supreme Court Holds that the First Sale Doctrine Applies Regardless of Where a...more
We are pleased to present the 26th edition of the Bernstein Shur Business and Commercial Litigation Newsletter. This month, we highlight a recent U.S. Supreme Court decision favoring the emerging gray market, arbitration of...more
The Supreme Court’s ruling in Federal Trade Commission v. Actavis, Inc., will almost certainly have major implications for the viability of Federal Trade Commission and private suits alleging that pay-for-delay settlements...more
[Ed. The Supreme Court heard oral argument today in Federal Trade Commission v. Watson Pharmaceuticals. While Patent Docs will provide analysis regarding the oral argument in a subsequent post, we provide the following...more
In This Issue:
- Uniform State Test Implementation Nearing
- Mortgage Servicer's Alleged Failure To Be Licensed Subjects Company to Claims under State and Federal Debt Collection Statutes
- Sixth Circuit...more
In this issue:
- Obama Nominates Ramirez to Lead FTC
- FDA Warning Letter Makes Shout-Out to Facebook
- Supreme Court’s Amgen Ruling: What it Means for Consumer Class Actions
A prevailing defendant in a Fair Debt Collection Practices Act case can recover costs even without a court finding that the plaintiff filed suit in bad faith and for the purpose of harassment, the U.S. Supreme Court has ruled...more
In a closely watched decision, a unanimous U.S. Supreme Court has reversed an 11th Circuit decision that invoked the state action doctrine to prevent the Federal Trade Commission (FTC) from challenging a state hospital...more
Par PharmaceuticalPar/Paddock, one of the generic drug company defendants in FTC v. Actavis Inc. et al. (the "reverse payment" ANDA settlement case now before the Supreme Court) filed its reponsive brief last week. In it,...more
Last week a unanimous Supreme Court issued its highly anticipated opinion in FTC v. Phoebe Putney Health System, Inc., addressing the "State action" exemption from application of the federal antitrust laws for the first time...more
The U.S. Supreme Court on February 19th scaled back the "state action immunity" doctrine, siding with the Federal Trade Commission on an issue that had divided the lower courts and holding that a county Hospital Authority's...more
On February 19, 2013, the Supreme Court unanimously held that the effective acquisition of Palmyra Medical Center (“Palmyra”) by Phoebe Putney Health System, Inc. (“PPHS") in Southwestern Georgia was not immune from antitrust...more
In This Issue:
Implementation of the Affordable Care Act; Other HHS and Federal Regulatory Initiatives; Other Congressional and State Initiatives; Other Health Care News; and Hearings and Mark-Ups Scheduled.
What you need to know:
The Supreme Court issued a unanimous decision siding with the FTC against a hospital merger in Georgia.
What you need to do:
Companies should conduct careful analysis before investing...more
On February 19, 2013, the U.S. Supreme Court, in a unanimous decision, found that a merger of two Georgia hospitals was not immune from federal antitrust laws under the "state-action" exemption, reversing a decision of the...more
On Tuesday, the United States Supreme Court reined in the state action immunity doctrine, which exempts municipalities from scrutiny under the federal antitrust laws when they act pursuant to a “clearly articulated state...more
In a unanimous opinion, the U.S. Supreme Court this week tightened the standard for state action immunity under federal antitrust laws in a case involving a hospital merger. This decision arguably tightens the reins on the...more
Recent major regulatory and technological developments have brought forth historic changes to the health care market. Health care providers have responded to these developments in several ways. One such mechanism, hospital...more
Holding in Phoebe Putney case narrowly construes state-action exemption to antitrust laws.
On February 19, in Federal Trade Commission v. Phoebe Putney Health System, Inc., the U.S. Supreme Court unanimously reversed a...more
On February 19, 2013, the U.S. Supreme Court unanimously held that state-action immunity does not protect a state-created hospital authority from antitrust scrutiny over a proposed hospital merger where the anticompetitive...more
In a unanimous decision issued on February 19, 2013, the U.S. Supreme Court ruled that the state-action doctrine did not immunize Phoebe Putney Health System’s acquisition of Palmyra Park Hospital in Albany, Georgia.1 The...more
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