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Fifth Circuit Upholds Indian Child Welfare Act as Constitutional

On Friday, August 9, 2019, in Brackeen v. Bernhardt, No. 18-11479, the U.S. Court of Appeals for the 5th Circuit declared that the Indian Child Welfare Act (ICWA) and its implementing federal regulations (“the Final Rule”)...more

Apple Inc. v. Pepper: The Supreme Court Chips Away at Illinois Brick, Allowing iPhone Users to Sue Apple for Monopolizing iPhone...

• The U.S. Supreme Court split 5-4 on how to apply Illinois Brick’s prohibition on federal indirect purchaser lawsuits to a case where plaintiff app purchasers bought apps from the Apple App Store, paying a price set by the...more

Supreme Court Strikes Down Federal Ban on Sports Betting

• The Supreme Court in Murphy v. NCAA ruled 7-2 that a federal law prohibiting states from authorizing sports betting violated the constitutional rule that the federal government may not “commandeer” the states. • The...more

Federal Circuit Strikes Down Statute Banning Scandalous and Immoral Trademarks

• The Federal Circuit held that the “immoral or scandalous” clause of Lanham Act § 2(a), which prohibits registration of a trademark that “consists of or comprises immoral or scandalous matter,” is unconstitutional under the...more

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