On May 17, 2021, the Supreme Court held in BP P.L.C., et al. v. Mayor and City Council of Baltimore that when a remand order is appealable under 28 U.S.C. § 1447(d), the court of appeals may review the entire remand order,...more
On June 29, 2020, the Supreme Court of the United States decided Agency for International Development, et al. v. Alliance for Open Society International, Inc., et al., No. 19-177, holding that Congress may lawfully condition...more
7/1/2020
/ Constitutional Challenges ,
First Amendment ,
Foreign Affiliates ,
Foreign Aid ,
NGOs ,
Non-Citizens ,
Policies and Procedures ,
Prostitution ,
Public Health ,
Reversal ,
SCOTUS ,
Sex Trafficking ,
The Leadership Act ,
United States Agency for International Development v Alliance for Open Society International Inc
On June 30, 2020, the Supreme Court of the United States decided United States Patent and Trademark Office, et al. v. Booking.com B. V., No. 19-46, holding that a generic term, like “Booking,” combined with “.com” does not...more
7/1/2020
/ Acquired Distinctiveness ,
Appeals ,
Booking.com ,
Domain Name Registration ,
Domain Names ,
Generic Marks ,
Lanham Act ,
SCOTUS ,
Trademark Registration ,
Trademarks ,
United States Patent and Trademark Office v Booking.com BV ,
USPTO
On January 14, 2020, the Supreme Court of the United States decided Ritzen Group, Inc. v. Jackson Masonry, LLC, No. 18-938, holding that an order unreservedly ruling on a creditor’s motion for relief from bankruptcy’s...more
1/15/2020
/ Appeals ,
Automatic Stay ,
Bankruptcy Court ,
Commercial Bankruptcy ,
Creditors ,
Debtors ,
Dismissals ,
Federal Rules of Bankruptcy Procedure ,
Motion for Relief from Automatic Stay ,
Reaffirmation ,
Right To Appeal ,
Ritzen Group Inc v Jackson Masonry LLC ,
SCOTUS ,
Time-Barred Claims
On December 11, 2019, the Supreme Court of the United States decided Peter v. NantKwest, Inc., No. 18-801, holding that Section 145 of the Patent Act does not require dissatisfied patent applicants who file a civil action in...more
12/12/2019
/ American Rule ,
Attorney's Fees ,
Civil Claims ,
Fee-Shifting ,
Litigation Fees & Costs ,
Patent Act ,
Patent Applicants ,
Peter v NantKwest Inc ,
Prevailing Party ,
Remedies ,
SCOTUS ,
Section 145 ,
Summary Judgment ,
USPTO
On December 10, 2019, the Supreme Court of the United States decided Rotkiske v. Klemm, et al., No. 18-328, holding that the one-year statute of limitations set out in the Fair Debt Collection Practices Act (FDCPA) begins to...more
12/11/2019
/ Cause of Action Accrual ,
Credit Cards ,
Debt Collectors ,
Default Judgment ,
Discovery Rule ,
Equitable Tolling ,
FDCPA ,
Rotkiske v. Klemm ,
SCOTUS ,
Service of Process ,
Statute of Limitations
On June 21, 2019, the Supreme Court of the United States decided Knick v. Township of Scott, Pennsylvania, No. 17-647, overruling Williams County Regional Planning Comm’n v. Hamilton Bank of Johnson City, 473 U.S. 172 (1985),...more
6/24/2019
/ 42 U.S.C. §1983 ,
Federal v State Law Application ,
Fifth Amendment ,
Inverse Condemnation ,
Just Compensation ,
Knick v Township of Scott Pennsylvania ,
Precedential Opinion ,
Property Owners ,
Reversal ,
SCOTUS ,
State Law Remedies ,
Takings Clause
On June 10, 2019, the Supreme Court of the United States decided Return Mail, Inc. v. Postal Service, No. 17-1594, holding that the United States Postal Service is not “a person” able to seek post-issuance review of...more
On April 24, 2019, the Supreme Court decided Lamps Plus, Inc. v. Varela, No. 17-988, holding that courts may not compel classwide arbitration based on an ambiguous agreement.
In 2016, a hacker tricked a Lamps Plus employee...more
4/25/2019
/ Ambiguous ,
Appeals ,
Arbitration ,
Arbitration Agreements ,
Class Arbitration ,
Consent ,
Federal Arbitration Act ,
Federal v State Law Application ,
Jurisdiction ,
Lamps Plus Inc v Varela ,
Motion to Compel ,
Preemption ,
Reversal ,
SCOTUS
On February 27, 2019, the Supreme Court of the United States decided Jam v. International Finance Corp., No. 17-1011, holding that the International Organizations Immunities Act of 1945 grants international organizations the...more
2/28/2019
/ Absolute Immunity ,
Appeals ,
Foreign Governments ,
Foreign Sovereign Immunities Act of 1976 (FSIA) ,
Foreign Sovereigns ,
Immunity ,
International Litigation ,
International Organizations ,
International Organizations Immunities Act of 1945 ,
Jam v International Finance Corporation ,
Qualified Immunity ,
Reversal ,
SCOTUS ,
Statutory Interpretation
On January 8, 2019, the Supreme Court of the United States decided Culbertson v. Berryhill, No. 17-773, holding that the Social Security Act permits an attorney fee award greater than 25 percent of the claimant’s past-due...more
1/9/2019
/ Administrative Proceedings ,
Appeals ,
Attorney Representation Agreements ,
Attorney's Fees ,
Concurrent Litigation ,
Culbertson v Berryhill ,
Denial of Benefits ,
Fee Caps ,
Litigation Fees & Costs ,
Past-Due Benefits ,
Remand ,
Reversal ,
SCOTUS ,
Social Security Act ,
Social Security Benefits ,
Title II ,
Trial Fees
On December 10, 2018, the Supreme Court of the United States decided United States v. Stitt, No. 17-765, holding that the federal statutory term “burglary,” as used in the Armed Career Criminal Act, includes burglary...more
12/12/2018
/ Armed Career Criminal Act ,
Burglary ,
Criminal Code ,
Federal v State Law Application ,
Felonies ,
Prior Conviction ,
Remand ,
Reversal ,
SCOTUS ,
Sentencing Enhancements ,
United States v Stitt