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Constitutional Law Updates

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A Wish for Nonexistent Cheap Drugs Is Not Standing to Sue

The recent releases of highly effective, and highly priced, drugs to treat chronic diseases has bred a spate of efforts by activists to disenfranchise drug developers of their patent rights. One recent chapter is instructive,...more

Third Circuit Issues Precedential Ruling: “Anti-Assignment” Clauses in ERISA-Governed Health Insurance Plans Are Enforceable

by White and Williams LLP on

On May 16, 2018, the US Court of Appeals for the Third Circuit held in a precedential opinion that “anti-assignment clauses in ERISA-governed health insurance plans as a general matter are enforceable.” In so holding, the...more

Mass. Appeals Court Ventures Onto High Wire Of Zoning Standing Doctrine, Answers Vexing Question

by Pierce Atwood LLP on

It’s about time! Not since the notable 1961 adverse possession case Kershaw v. Zecchini have real estate litigators had an important decision inspired by circus performers....more

Missouri’s Right-to-Work Bill: Not as Soon as the Legislature Intended but Perhaps Sooner Than the Unions Want

In February of 2017, Missouri Governor Eric Greitens signed Senate Bill 19, which was intended to make Missouri the 28th right-to-work state in the United States. Senate Bill 19 was scheduled to take effect on August 28,...more

Illinois Supreme Court Hears Oral Argument on Hospital Property Tax Exemptions

by Franczek Radelet P.C. on

Yesterday, the Illinois Supreme Court heard oral argument in Oswald v. Beard, a case challenging the constitutionality of the statute exempting most hospitals from paying any property taxes. ...more

Gambling on Sports May Be a Bad Bet for Marijuana

by Lane Powell PC on

Much has recently been discussed about the potential value to the cannabis industry of the May 14, 2018 decision by the U.S. Supreme Court concerning states authorizing sports betting. Murphy v. NCAA, No. 16-476 (U.S., May...more

Potential Issues for “Not Yet Practicing” PTAB Petitioners: Constitutional Requirements for Appealing PTAB Decisions

by Orrick - IP Landscape on

Order Reversing-In-Part, Vacating-In-Part, and Remanding, Altaire Pharmaceuticals, Inc. v. Paragon Bioteck, Inc., Appeal No. 2017-1487 (Fed. Cir. May 2, 2018) (Judge Evan J. Wallach) - Occasionally, a company may file a...more

Another Judge Refuses To Apply Anti-SLAPP Statute In Federal Court Diversity Case

by LeClairRyan on

For those hoping that, after the DC Court of Appeals’ Mann decision, DC federal district judges would again apply the DC anti-SLAPP statute in a diversity suit, as multiple judges had done before the DC Circuit’s Abbas...more

When Alleging Injury, A Tentative Claim Yields An Unambiguous Dismissal

by Ellis & Winters LLP on

This post looks at a potentially overlooked roadblock in proving a violation of N.C. Gen. Stat. § 75-1.1: the requirement that the claimant have standing to sue. You might think of standing as an exclusively federal-court...more

Fourth Circuit Rules that Maryland’s Anti-Price Gouging Act for Off-Patent or Generic Drugs is Unconstitutional

The U.S. Court of Appeals for the Fourth Circuit last month handed manufacturers and wholesalers of off-patent drugs a victory by ruling that Maryland’s anti-price gouging act violates the U.S. Constitution’s dormant commerce...more

Will There Be Less IPRs Moving Forward?: A Review of SAS Institute Inc. v. Iancu

by Workman Nydegger on

Recently, the Supreme Court handed down its decision in SAS Institute Inc. v. Iancu, 584 U.S. ____ 2018). In sum, the Supreme Court has decided that when instituting an inter partes review, the United States Patent and...more

Fourth Circuit Rules that Warrantless Cell Phone is Warranted: Data Privacy Trends

by CloudNine on

Don’t let my cute title confuse you. In this case, the Fourth Circuit issued an interesting decision regarding whether a warrant is required to search an individual’s cell phone....more

U.S. Supreme Court Rules That States May Conduct Sports Betting

by Snell & Wilmer on

After much speculation and anticipation, the U.S. Supreme Court today ruled that the States may conduct sports betting, and struck down the Professional & Amateur Sports Protection Act (“PASPA”). In the case of Murphy v....more

Lanham Act Injunction Floored Where Social Media Criticisms Were Not “Commercial Advertising”

A judge in the Western District of Wisconsin recently denied a motion for a preliminary injunction that sought to prevent a customer from criticizing the plaintiff’s products over social media. Buckeye Int’l v. Schmidt Custom...more

Ninth Circuit Gives Cities Boost in Regulating Rent Increases - Limitations on Rent Increases Imposed by Cities Not Considered a...

by Best Best & Krieger LLP on

City governments’ broad powers to enforce rent control and other regulations — even if that results in lower profits for landlords — were reinforced in a recent opinion from the U.S. Ninth Circuit Court of Appeals. ...more

Supreme Court Strikes Down Ban on Sports Wagering

by K&L Gates LLP on

On May 14, 2018, the U.S. Supreme Court issued a decision that struck down the Professional and Amateur Sports Protection Act (“PASPA”) on grounds that the act unconstitutionally “commandeers” the powers of the states. By...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

For adults only: A peep at immoral and scandalous marks in the US

The landmark case, Matal v. Tam, forever altered the innocence of the trademark landscape. The case, interestingly enough, involved a musical group wanting to trademark a seemingly disparaging mark. ...more

Three Point Shot - May 2018

by Proskauer Rose LLP on

Welcome to Three Point Shot, a newsletter brought to you by the Sports Law Group at Proskauer. Three Point Shot brings you the latest in sports law-related news and provides you with links to related materials. Your feedback,...more

Constitutional Challenge To CFAA Survives Motion To Dismiss As D.C. Court Weighs In On Circuit Split

On March 30, 2018, in Sandvig v. Sessions, the U.S. District Court for the District of Columbia allowed one of several constitutional challenges to the Computer Fraud and Abuse Act to survive a motion to dismiss. ...more

Update: Ninth Circuit Softens Its Decision In Flushable Wipes Case

On May 9, 2018, the Ninth Circuit issued an Opinion amending its previous decision in Davidson v. Kimberly-Clark Corp., 873 F.3d 1103 (9th Cir. 2017). As we noted in our December 4, 2017 post on the 2017 decision, the Ninth...more

Gavel to Gavel: Most states may surcharge transactions

by McAfee & Taft on

Few fees frustrate the average business more than those incurred by accepting credit cards. From a practical perspective, refusing credit cards is usually not a viable option. Originally published in The Journal Record |...more

Foreign Online Customer is Subject to US Personal Jurisdiction in Fraudulent Transfer Litigation

by Dechert LLP on

Is a foreign online customer of a bankrupt goods supplier subject to personal jurisdiction in the United States, when sued by a bankruptcy trustee for fraudulent transfers? Yes, says the Bankruptcy Court for the Northern...more

Supreme Court Strikes Down Federal Sports Gambling Law

On Monday, the Supreme Court opened the door for states across the country to authorize sports gambling within their borders—a decision that could have a dramatic effect in the world of sports and potentially weaken the...more

Supreme Court Opens Door to Legalized Sports Betting

by Womble Bond Dickinson on

On May 14, the United States Supreme Court struck down a federal law that effectively prohibited states from legalizing sports betting. The Court’s decision breaks Nevada’s monopoly on sports betting and will empower state...more

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