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Supreme Court of the United States › Congressional Intent

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. less -
Venable LLP

Cybersecurity Policymaking Post-Chevron

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On June 28, 2024, the Supreme Court issued its long-awaited decisions in Loper Bright Enterprises v. Raimondo and Relentless v. Department of Commerce. The opinions overturned the long-standing "Chevron doctrine," under which...more

Holland & Knight LLP

Chevron Deference Running on Fumes?

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Recently, the U.S. Supreme Court agreed to revisit one of its most significant rulings affecting administrative rules and regulations by granting cert in the matter Loper Bright Enterprises v. Raimondo. The court's decision...more

Proskauer - Minding Your Business

State Infringement of Copyright Cannot Proceed in Federal Court, Fifth Circuit Says

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When there is a right, there is a remedy—or so the maxim goes. But when a state infringes upon your copyright, such a remedy may be more difficult to obtain. Just a year ago, the Supreme Court held in Allen v. Cooper that the...more

McDonnell Boehnen Hulbert & Berghoff LLP

Arthrex Files Certiorari Petition in Arthrex case (Second Petition)

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Arthrex recently filed a(nother) certiorari petition with the Supreme Court, this time in Arthrex, Inc. v. Smith & Nephew, Inc., which has also been the subject of petitions from the U.S. government and Smith & Nephew.  (This...more

Jones Day

Cert Filed in Arthrex on Appointments Clause Issue

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The United States petitioned the Supreme Court for certiorari in Arthrex. Cert. Pet., No. 19-1434 (June 25, 2020). Two additional petitions for writs of certiorari have been filed, one by Arthrex and one by Smith & Nephew...more

Foley Hoag LLP

Supreme Court Issues Important Decision on Retroactive Effect of Amendment to Foreign Sovereign Immunities Act

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A recent Supreme Court decision sets important precedent on the retroactive effect of legislation amending the law governing sovereign immunity in the United States. On May 18, 2020, the Supreme Court handed a victory to...more

Manatt, Phelps & Phillips, LLP

Supreme Court: States Generally Immune From Copyright Infringement

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In Allen v. Cooper, the Supreme Court held that the copyright clause in the U.S. Constitution did not authorize Congress to abrogate states’ Eleventh Amendment immunity from copyright infringement. In addition, Congress’s...more

Bricker Graydon LLP

Copyrights and state sovereignty: U.S. Supreme Court removes monetary damages for state actor infringement

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On March 23, 2020, a unanimous, if slightly fractured, Supreme Court ruled in Allen v. Cooper, 140 S. Ct. 994 (2020), that Congress did not properly abrogate sovereign immunity when it enacted the Copyright Remedy...more

Jones Day

U.S. Supreme Court Allows Retroactive Punitive Damages Against the Republic of the Sudan - The Supreme Court allows victims of...

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The Supreme Court in Opati v. Republic of Sudan, No. 17–1268, 590 U.S. ___ (2020), has held that the Foreign Sovereign Immunities Act ("FSIA") allows certain plaintiffs to recover punitive damages from state sponsors of...more

Faegre Drinker Biddle & Reath LLP

Supreme Court Decides Opati v. Republic of Sudan

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On May 18, 2020, the U.S. Supreme Court decided Opati v. Republic of Sudan, holding that plaintiffs who sue a foreign government under the state-sponsored-terrorism exception to the Foreign Sovereign Immunities Act can seek...more

Dorsey & Whitney LLP

The Supreme Court - May 18, 2020

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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

Sunstein LLP

Supreme Court Allows States to Plunder Copyrighted Videos

Sunstein LLP on

In a remarkable decision, Allen v. North Carolina, the Supreme Court held on March 23 that the state of North Carolina can lawfully plunder a videographer’s copyrighted videos and photographs of the recovery of Blackbeard’s...more

ArentFox Schiff

Sovereign Immunity Prevails: Litigants Cannot Sue States for Copyright Infringement, Supreme Court Holds

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The Supreme Court has stricken a federal statute that abrogated a State’s immunity from copyright infringement lawsuits. The Copyright Remedy Clarification Act of 1990 (CRCA) provided that States “shall not be immune, under...more

McDermott Will & Emery

SCOTUS Sinks the CRCA, Confirms States Are Immune from Copyright Suits

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A unanimous decision from the Supreme Court of the United States in Allen v. Cooper affirmed a previous ruling by the US Court of Appeals for the Fourth Circuit and held that states cannot be sued for copyright infringement,...more

Akerman LLP - Marks, Works & Secrets

The Final Revenge of Queen Anne’s Revenge: State’s Use of Photographs Is Not Piracy

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On March 23, 2020, in Allen v. Cooper, the Supreme Court held that Allen, who spent over two decades, photographing the shipwreck of Queen Anne’s Revenge, better known as the flagship for the pirate Blackbeard, cannot sue the...more

Foley Hoag LLP - Making Your Mark

Supreme Court Says State Sovereign Immunity Sinks Pirate Shipwreck Copyright Suit

Foley Hoag LLP - Making Your Mark on

Edward Teach, more popularly known as Blackbeard, roamed the seven seas and terrorized merchant vessels off the U.S. and Caribbean coasts during the colonial period. He ultimately met his demise when the colony of Virginia...more

Akerman LLP

IP: The Final Revenge of Queen Anne’s Revenge: State’s Use of Photographs Is Not Piracy

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On March 23, 2020, in Allen v. Cooper, the Supreme Court held that Allen, who spent over two decades, photographing the shipwreck of Queen Anne’s Revenge, better known as the flagship for the pirate Blackbeard, cannot sue the...more

Robins Kaplan LLP

Supreme Court Holds that States are Immune from Copyright Infringement

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On March 23, the U.S. Supreme Court held that a state cannot be sued for copyright infringement because Congress lacked authority to abrogate the states’ immunity from copyright infringement suits when it enacted the...more

Dorsey & Whitney LLP

Shiver Me Timbers: Can the States Now Legitimately Hornswoggle Copyright Owners?

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In a case where the subject matter (copyrights relating to footage of a salvaged pirate ship) is arguably more intriguing than the question presented, the Supreme Court held that a section of the Copyright Act allowing...more

McDonnell Boehnen Hulbert & Berghoff LLP

Supreme Court Upholds State Sovereign Immunity in Copyright Case in Allen v. Cooper (2020)

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The Supreme Court on Monday affirmed the Fourth Circuit’s decision upholding State sovereign immunity against claims of copyright infringement.[i] The case arose over Petitioner Allen’s suit against North Carolina’s...more

McDonnell Boehnen Hulbert & Berghoff LLP

Allen v. Cooper (2020)

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On March 23, 2020, in a decision containing not a small amount of whimsy (more regarding that aspect anon), Justice Kagan, joined almost unanimously by her brethren, upheld a State's ( North Carolina) sovereign immunity...more

Womble Bond Dickinson

North Carolina Won’t Be Walking the Plank: Supreme Court Finds State is No Copyright Pirate in Blackbeard Ruling

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Blackbeard and his band of pirates pillaged and plundered up and down North Carolina’s Outer Banks more than 300 years ago, inspiring stories (both true and fictional) that capture imaginations to this day. On March 23rd, the...more

Proskauer - New Media & Technology

Supreme Court Rules That States Cannot be Sued for Copyright Infringement, For Now…

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The U.S. Supreme Court’s busy intellectual property term (with six copyright and trademark cases) rolls on. On March 23, SCOTUS ruled in Allen v. Cooper, 589 U.S. ___, No. 18-877 (Mar. 23, 2020), that states, absent consent,...more

Ballard Spahr LLP

Think Twice When Licensing Copyrighted Works to States – Sovereign Immunity Applies

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The Supreme Court held in Allen v. Cooper that legislation enacted by Congress revoking the sovereign immunity of states for acts of copyright infringement is unconstitutional. The Supreme Court reasoned that Article 1 of the...more

Snell & Wilmer

Supreme Court: Statute Exposing States to Claims of Copyright Infringement Must Walk the Plank

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Today a unanimous Supreme Court struck down the Copyright Remedy Clarification Act of 1990 (“CRCA”), which sought to expose States to copyright infringement suits. See 17 U.S.C. § 511(a). The Court’s decision in Allen v....more

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