Our Lady of Guadalupe School v. Morrissey-Berru, No. 19-267: The Court has recognized that the First Amendment protects the right of religious institutions “to decide for themselves, free from state interference, matters of...more
7/8/2020
/ Age Discrimination ,
Americans with Disabilities Act (ADA) ,
Appeals ,
Disability Discrimination ,
Dismissals ,
Employment Discrimination ,
First Amendment ,
Freedom of Religion ,
Ministerial Exception ,
Ministerial Function ,
Our Lady of Guadalupe School v Morrissey-Berru ,
Religious Schools ,
Religious Workers ,
Reversal ,
SCOTUS ,
St James School v Biel ,
Teachers
Department of Homeland Security v. Thuraissigiam, No. 19-161. Under the Illegal Immigration Reform and Immigrant Responsibility Act (“IIRIRA”), Congress in 1996 crafted a system for processing aliens apprehended at or near...more
6/30/2020
/ 8 U.S.C. §1252(e)(2) ,
Appeals ,
Department of Homeland Security (DHS) ,
Department of Homeland Security v Thuraissigiam ,
Deportation ,
Detainees ,
Dismissals ,
Due Process ,
Expedited Actions Process ,
Illegal Immigration Reform and Immigrant Responsibility Act (IIRIRA) ,
Judicial Review ,
Non-Citizens ,
Political Asylum ,
Remand ,
Removal Orders ,
Reversal ,
SCOTUS ,
Suspension Clause ,
Unlawful Aliens ,
Writ of Habeus Corpus
Opati v. Republic of Sudan, No. 17-1268: Victims of a 1998 al Qaeda attack outside the United States Embassies in Kenya and Tanzania brought suit in federal court against the Republic of Sudan, alleging that Sudan had...more
5/24/2020
/ Al-Qaeda ,
Amended Complaints ,
Appeals ,
Bodily Injury ,
Congressional Intent ,
Exceptions ,
Foreign Sovereign Immunities Act of 1976 (FSIA) ,
Opati v Republic of Sudan ,
Preenactment Conduct ,
Punitive Damages ,
Remand ,
SCOTUS ,
State Sponsors of Terrorism ,
Sudan ,
Terrorist Acts ,
Vacated ,
Wrongful Death
Lucky Brand Dungarees, Inc. v. Marcel Fashions Group, Inc., No. 18-1086: Petitioner Lucky Brand Dungarees and respondent Marcel Fashions Group have been engaged in three separate rounds of trademark-related litigation over a...more
5/18/2020
/ Appeals ,
Claim Preclusion ,
Collateral Estoppel ,
Counterclaims ,
Defense Preclusion ,
Fashion Branding ,
Issue Preclusion ,
Lucky Brand Dungarees v Marcel Fashion Group ,
Motion to Dismiss ,
Release Agreements ,
Remand ,
Res Judicata ,
SCOTUS ,
Split of Authority ,
Subsequent Litigation ,
Trademark Litigation ,
Trademarks ,
Vacated
Kelly v. United States, No. 18-1059: When the mayor of Fort Lee, New Jersey refused to back then-Governor Chris Christie’s reelection campaign, the Governor’s Deputy Chief of Staff, Bridget Anne Kelly, and others punished the...more
Babb v. Wilkie, No. 18-882: Petitioner Norris Babb, a clinical pharmacist at the U.S. Department of Veterans Affairs, brought an age discrimination suit against the Secretary of Veterans Affairs (“VA”). The federal-sector...more
Today, the Supreme Court of the United States issued two opinions:
Ritzen Group, Inc. v. Jackson Masonry, LLC, No. 18-938: After petitioner Ritzen Group brought a breach of contract claim against respondent Jackson Masonry...more
1/15/2020
/ Appeals ,
Automatic Stay ,
Breach of Duty ,
Commercial Bankruptcy ,
Corporate Officers ,
Duty of Prudence ,
Employee Retirement Income Security Act (ERISA) ,
Employee Stock Purchase Plans ,
ESOP ,
Failure To Disclose ,
Federal Rules of Bankruptcy Procedure ,
Fiduciary Duty ,
Motion for Relief from Automatic Stay ,
Plan Participants ,
Retirement Plans Committee of IBM v Jander ,
Right To Appeal ,
Ritzen Group Inc v Jackson Masonry LLC ,
SCOTUS ,
Time-Barred Claims
Today, the Supreme Court of the United States issued the following opinion:
Peter v. NantKwest, Inc., No. 18-801: Under the Patent Act, an adverse decision by the Patent and Trademark Office (“PTO”) can be appealed...more
This afternoon, the Supreme Court of the United States granted certiorari in the following cases:
Google LLC v. Oracle America, Inc., No. 18-956: 1) Whether copyright protection extends to a software interface. 2) Whether,...more
11/18/2019
/ Appeals ,
Armed Career Criminal Act ,
Certiorari ,
Copyright ,
Fair Use ,
Google ,
Mens Rea ,
Military Courts ,
Oracle ,
Rape ,
SCOTUS
The Supreme Court of the United States issued three decisions this morning:
Tennessee Wine and Spirits Retailers Assn. v. Thomas, No. 18-96: The State of Tennessee has a number of laws imposing durational-residency...more
6/27/2019
/ Appeals ,
Auer Deference ,
Commerce Clause ,
Fifth Amendment ,
Kisor v Wilkie ,
Liquor Licences ,
Preponderance of the Evidence ,
Residency Status ,
Sixth Amendment ,
Stare Decisis ,
Tennessee Wine & Spirits Retailers Association v Thomas ,
Twenty-First Amendment ,
Veterans Administration ,
Veterans' Benefits ,
Wine & Alcohol
The Supreme Court of the United States issued four decisions on June 24, 2019:
Iancu v. Brunetti, No. 18-302: Respondent Erik Brunetti founded a clothing line that uses as its trademark four letters that though spelled...more
6/25/2019
/ Affordable Care Act ,
Appeals ,
Appropriations Bill ,
Certiorari ,
Copyright ,
Department of Agriculture ,
Equitable Tolling ,
Federal Funding ,
Firearms ,
FOIA ,
Food Marketing Institute v Argus Leader Media ,
Habeas Corpus ,
Hobbs Act ,
Iancu v. Brunetti ,
Inter Partes Review (IPR) Proceeding ,
Patent Trial and Appeal Board ,
Punitive Damages ,
Robbery ,
Scandalous/Immoral Marks ,
SCOTUS ,
SNAP Program ,
The Dutra Group v Batterton ,
Unseaworthiness Claims ,
USDA ,
Workplace Injury
The Supreme Court of the United States issued the following decision this morning:
Thacker v. TVA, No. 17-1201: The Tennessee Valley Authority (“TVA”) is a federally-created and Government-owned corporation that...more
4/30/2019
/ Appeals ,
Discretionary Functions ,
Employee Misconduct ,
Federal Tort Claims Act (FTCA) ,
Government-Owned Corporation ,
Negligence ,
Public Utility ,
Remand ,
Reversal ,
SCOTUS ,
Sovereign Immunity ,
Sue-and-Be-Sued Clause ,
Thacker v Tennessee Valley Authority ,
Waivers
The Supreme Court of the United States issued the following decision this morning:
Lamps Plus, Inc. v. Varela, No. 17-988: Respondent Frank Varela, an employee of petitioner Lamps Plus, brought a putative class action in...more
Today, the Supreme Court issued three decisions:
Rimini Street, Inc. v. Oracle USA Inc., No. 17-1625: Section 505 of the Copyright Act permits courts to award “full costs” to a party in a civil action. Broadly interpreting...more
3/6/2019
/ Appeals ,
BNSF Railway Company v Loos ,
Certiorari ,
Copyright ,
Copyright Exhaustion ,
Copyright Infringement ,
Copyright Litigation ,
Copyright Registration ,
Damages ,
Expert Fees ,
Fourth Estate Public Benefit Corp v Wall-Street.com LLC ,
Judicial Discretion ,
Litigation Fees & Costs ,
Prevailing Party ,
Railroad Retirement Tax Act (RRTA) ,
Rimini Street Inc v Oracle USA Inc ,
SCOTUS ,
Split of Authority ,
The Copyright Act ,
USPTO
Today, the Supreme Court issued one decision:
Yovino v. Rizo, No. 18-272: Eleven days after Judge Stephen Reinhardt passed away, the Ninth Circuit filed an en banc decision listing Judge Reinhardt as the author of the...more
2/26/2019
/ Appeals ,
Certiorari ,
Deceased ,
Discovery Rule ,
En Banc Review ,
Equal Pay Act ,
FDCPA ,
Judge Reinhardt ,
Judicial Review ,
Precedential Opinion ,
Reversal ,
SCOTUS ,
Yovino v Rizo
The Supreme Court of the United States issued the following decision this morning:
Helsinn Healthcare S.A. v. Teva Pharmaceuticals USA, Inc., No. 17-1229: Every patent statute over the past two centuries has included an...more
1/23/2019
/ America Invents Act ,
Appeals ,
Assignment of Inventions ,
Certiorari ,
Confidentiality Agreements ,
Helsinn Healthcare SA v Teva Pharmaceuticals USA Inc ,
Inventions ,
On-Sale Bar ,
Patent Applications ,
Patent Infringement ,
Patents ,
Pharmaceutical Industry ,
Pharmaceutical Patents ,
Public Use ,
Reaffirmation ,
Reversal ,
SCOTUS ,
Section 102 ,
Third-Party Relationships ,
Transgender ,
Trump Administration
The Supreme Court of the United States issued three decisions yesterday -
United States v. Microsoft Corp., No. 17-2: Federal law enforcement agents obtained a warrant under 18 U.S.C. §2703, requiring Microsoft to...more
4/18/2018
/ Aggravated Felony ,
Appeals ,
Certiorari ,
Cloud Storage ,
Constitutional Challenges ,
Criminal Convictions ,
Data Storage ,
Deportation ,
Habeas Corpus ,
Immigration and Nationality Act ,
Ineffective Assistance of Counsel ,
Ireland ,
Murder ,
Remand ,
Reversal ,
SCOTUS ,
Search Warrant ,
Sessions v Dimaya ,
Stored Communications Act ,
US v Microsoft ,
Violent Felonies ,
Wilson v Sellers
Hall v. Hall, No. 16-1150: Petitioner Elsa Hall and respondent Samuel Hall are siblings litigating against each other in two consolidated cases surrounding the management of their mother’s property and estate. One of the...more
The Supreme Court of the United States issued two decisions yesterday:
Marinello v. United States, No. 16-1144: Petitioner Carlo Marinello was indicted in 2012 for violating criminal tax laws following investigations...more
Hamer v. Neighborhood Housing Servs. Of Chicago, No. 16-658: Petitioner Chamaine Hamer’s Title VII action was dismissed at summary judgment, and final judgment was entered. A week before the 30-day deadline for her notice...more
The Supreme Court of the United States issued a decision in the following case today:
Expressions Hair Design v. Schneiderman, No. 15-1391: Five businesses in New York, petitioners here, wanted to pass along the...more
3/30/2017
/ Appeals ,
Credit Cards ,
Criminal Convictions ,
Death Penalty ,
Disability ,
Eighth Amendment ,
Evidentiary Standards ,
First Amendment ,
Remand ,
SCOTUS ,
Transaction Fees
The Supreme Court of the United States issued decisions in three cases on May 31, 2016:
Army Corps of Engineers v. Hawkes, No. 15-290: Three mining companies sought a permit under the Clean Water Act seeking to...more
6/2/2016
/ Administrative Procedure Act ,
Appeals ,
Certiorari ,
Clean Water Act ,
Collateral Review ,
Convictions ,
Criminal Procedure ,
Death Penalty ,
Dixon Bar ,
Due Process ,
False Claims Act (FCA) ,
Federal v State Law Application ,
Final Action ,
First Degree Murder ,
Habeas Corpus ,
Hawkes Co v United States Army Corps of Engineers ,
Johnson v Lee ,
Judicial Review ,
Jurisdictional Determination (JD) ,
Jury Instructions ,
Lynch v Arizona ,
Murder ,
Parole ,
Relators ,
Reversal ,
SCOTUS ,
US Army Corps of Engineers ,
Wetlands