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Supreme Court of the United States Remand First Amendment

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 -
Sunstein LLP

Bad Spaniels on Remand: Parody Provides an Escape from Infringement But Not From Dilution

Sunstein LLP on

The dispute at issue in Jack Daniel’s arises from a conflict between the well-known whiskey company and a dog toy company (VIP) regarding VIP’s unauthorized use of Jack Daniel’s trademarks and trade dress in connection with a...more

Morrison & Foerster LLP - Social Media

Supreme Court Clarifies The Boundaries Of Public Official Liability On Social Media

In its recent opinion in Lindke v. Freed, the U.S. Supreme Court addressed when public officials may be held liable for violating the First Amendment for silencing critics on social media. The Court held that a public...more

Fox Rothschild LLP

Public Official’s Use of Social Media May Trigger First Amendment Scrutiny

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The U.S. Supreme Court has established guidelines for determining when a public official’s use of a private social media platform such as Facebook, X or Nextdoor constitutes public speech that cannot be censored. State and...more

Holtzman Vogel Baran Torchinsky & Josefiak

Supreme Court Issues Key Decisions on Public Officials’ Use of Social Media and Ability to Block Commenters

On March 15, 2024, the Supreme Court issued a unanimous opinion in Lindke v. Freed and a per curiam opinion in O’Connor-Ratcliff v. Garnier addressing when a public official may prevent a person from commenting on the public...more

Sheppard Mullin Richter & Hampton LLP

Second Circuit Finds Art Collective Can’t Use First Amendment to Skate Out of Injunction

In its first opportunity to apply the Supreme Court’s recent decision in Jack Daniel’s Properties v. VIP Products LLC, which held that the First Amendment did not protect infringing works that “use [the complainant’s] mark [...more

Sterne, Kessler, Goldstein & Fox P.L.L.C.

MarkIt to Market® - June 2023

Thank you for reading the June 2023 issue of Sterne Kessler's MarkIt to Market® newsletter. This month, we begin a three-part series that closely examines ways to lose trademark rights; share an article that examines the...more

Dorsey & Whitney LLP

The Supreme Court - June 23, 2021

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Collins v. Yellen, No. 19-422: The Housing and Economic Recovery Act of 2008 (“Recovery Act”), 12 U.S.C. §4501 et seq., was passed in response to concerns that Fannie Mae’s and Freddie Mac’s financial condition as a result of...more

Stoel Rives LLP

U.S. Supreme Court Affirms Religious Freedom in Government Benefits and Employment Decisions

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In three cases this term, the U.S. Supreme Court has affirmed the freedom of religious institutions to access government benefits and to make employment decisions....more

Faegre Drinker Biddle & Reath LLP

Supreme Court Decides Thompson v. Hebdon

On November 25, 2019, the U.S. Supreme Court decided Thompson v. Hebdon holding that, in considering whether caps on individual campaign contributions violate the First Amendment, courts must compare the cap to others upheld...more

Fox Rothschild LLP

U.S. Supreme Court Holds Political Gerrymandering Non-Justiciable

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Late last week, the Supreme Court issued a ruling in two cases concerning the constitutionality of political gerrymandering: Rucho v. Common Cause, a case arising out of North Carolina, and Lamone v. Benisek, arising out of...more

Faegre Drinker Biddle & Reath LLP

Supreme Court Decides Rucho v. Common Cause

On June 27, 2019, the U.S. Supreme Court decided Rucho v. Common Cause, No. 18-422, holding that claims of partisan gerrymandering present nonjusticiable political questions that cannot be resolved by the federal courts under...more

Womble Bond Dickinson

Supreme Court Remands Berkeley Cell Phone Case to Ninth Circuit

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The Supreme Court has vacated the U.S. Court of Appeals for the Ninth Circuit’s decision upholding a Berkeley, California ordinance requiring cell phone retailers to warn customers about potential radiofrequency (RF) safety...more

Dorsey & Whitney LLP

The Supreme Court - June 27, 2018

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Today, the Supreme Court of the United States announced the retirement of Associate Justice Anthony M. Kennedy: Justice Kennedy, nominated by President Ronald Reagan to the Supreme Court, assumed the bench in 1988. ...more

Ward and Smith, P.A.

Supreme Court Avoids a Decision on Partisan Gerrymandering

Ward and Smith, P.A. on

In advance of the midterm elections scheduled for November 6, 2018, many states are preparing for, or have already completed, their primary elections. Meanwhile, voters and state officials in Wisconsin and Maryland have...more

Sands Anderson PC

Supreme Court Leaves Big Partisan Gerrymandering Questions Undecided: Some Clues About What Happens Next

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On Monday the Supreme Court avoided deciding, once again, when, if ever, political gerrymandering violates the Constitution. In Gill v. Whitford, the Supreme Court was presented with startling evidence that Wisconsin...more

Faegre Drinker Biddle & Reath LLP

Supreme Court Decides Gill v. Whitford

On June 18, 2018, the Supreme Court of the United States decided Gill v. Whitford, No. 16-1161, holding that where voters assert that a state’s legislative districts have been improperly gerrymandered, those voters lack...more

Dorsey & Whitney LLP

The Supreme Court - June 26, 2017

Dorsey & Whitney LLP on

The Supreme Court of the United States issued decisions in five cases today: California Public Employees’ Retirement System v. ANZ Securities, Inc., No. 16-373: Lehman Brothers’ collapse led to a number of securities...more

BCLP

SCOTUS Gets Social: Does the First Amendment Protect the Right to Post, Snap and Chat?

BCLP on

The U.S. Supreme Court has issued one of its first decisions addressing the relationship between the First Amendment and the Internet. In Packingham v. North Carolina, 582 U.S. ___ (June 19, 2017), the Court holds that a...more

Bass, Berry & Sims PLC

Supreme Court of the United States Holds that New York Law Regarding Credit Card Surcharges Regulates Speech, Remands for Further...

Last week, in a unanimous decision, the Supreme Court of the United States held that New York General Business Law Section 518, which provides that "[n]o seller in any sales transaction may impose a surcharge on a holder who...more

Dorsey & Whitney LLP

The Supreme Court - March, 2017 #4

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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

Knobbe Martens

This Year’s Top Ten IP Cases

Knobbe Martens on

#10 Design Patent Damages § 289 - Samsung Elecs. Co., v. Apple Inc., 580 U.S. _ (Dec. 6, 2016) - In the case of a multicomponent product, the relevant article of manufacture for arriving at a damages award under...more

Proskauer - California Employment Law

California Employment Law Notes - July 2015

Employee's Inability To Work For A Particular Supervisor Does Not Constitute A "Disability" - Higgins-Williams v. Sutter Med. Found., 237 Cal. App. 4th 78 (2015) - Michaelin Higgins-Williams worked as a clinical...more

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