Posts filtered by tags: Court[x]


SCOTUS completes OT20 criminal docket with "it depends" Fourth Amendment ruling on misdemeanors and exigent circumstances

Astute law students often learn pretty quickly that "it depends" is often a pretty good answer to hard legal questions.  Consequently, I am not too surprised that the Supreme Court this morning, in deciding the last significant criminal case on its docket this Term, embraced its usual "it depends" approach — more formally a "case-by-case" analysis — to what can constitute exigent circumstances when police pursue a person suspect of a misdemeanor.  The Court's opinion in Lange v. California, No. ...
Tags: Supreme Court, Law, California, Kentucky, Israel, Court, United States, Tennessee, Lange, Garner, Kagan, Douglas A Berman, Voisine, Amicus Curiae

Patent Eligibility: No Patenting a Correlation

by Dennis Crouch iLife Technologies, Inc. v. Nintendo of America, Inc., No. 20-1760 (Supreme Court 2021) [Petition] iLife’s recent petition for writ of certiorari matches those found in American Axle’s pending petition: What is the appropriate standard for determining whether a patent claim is  directed to” a patent-ineligible concept under step 1 of the Court’s two-step framework for determining whether an invention is eligible for patenting under 35 U.S.C. § 101? Is patent eligibility (at eac...
Tags: Law, Court, Nintendo, Patent, Trump, SG, Federal Circuit, IPR, Dennis Crouch, PTAB, Nintendo of America Inc, Prometheus Labs Inc, iLife Technologies Inc, Mayo Collaborative Servs, Am Axle the Supreme Court, U S Government Solicitor General

PRIDE in the Courts: Judge Deborah A. Batts

Marcelo Rodriguez and Judge Deborah Batts at an event in the Thurgood Marshall Courthouse in New York, NY, June 2019. Let me tell you about someone I met a couple of years ago. Her name was Judge Deborah A. Batts. In 1994, the Honorable Judge Batts became the first openly gay person to be appointed as an Article III federal judge in the United States. She held this position for over 25 years in the Southern District of New York. As part of the library team in my previous position, we commemora...
Tags: New York, Supreme Court, Law, Australia, Washington Post, Court, US, Canada, United States, Arizona, Puerto Rico, Robert, Eastern District of Michigan, Court of Appeals, Northern District of California, Los Angeles CA

In unanimous ruling, Court agrees with athletes that NCAA violated antitrust laws

The Supreme Court on Monday upheld a major shift in the relationship between universities and the athletes who play sports for those schools. In an opinion by Justice Neil Gorsuch, the justices unanimously affirmed a lower-court decision holding that the NCAA, the umbrella group that regulates college sports, cannot restrict benefits related to education, such as free laptops or paid post-graduate internships. Monday’s decision in NCAA v. Alston ended a dispute that began seven years ago as a...
Tags: Featured, Supreme Court, Law, California, Court, America, Yale, Ncaa, Alston, Howe, U S Court of Appeals, Kavanaugh, Gorsuch, Merits Cases, Brett Kavanaugh, Neil Gorsuch

United States v. Arthrex: Supreme Court Preserves the PTAB

by Dennis Crouch United States v. Arthrex (Supreme Court 2021) The Supreme Court has confirmed that PTAB Judges yield unreviewable authority during inter partes review and therefore are Principal Officers under the US Constitution. Therefore the judges should have been nominated by the President and confirmed by the Senate. BUT, the Court solved the problem in a new way–by making PTAB determinations reviewable by the USPTO Director.  This leaves the PTAB system in-place, but will place major ins...
Tags: Supreme Court, Law, Senate, Court, United States, Patent, PTO, Arthrex, Dennis Crouch United States, Arthrex Supreme Court 2021 The Supreme Court

Summaries Sunday: Supreme Advocacy

One Sunday each month we bring you a summary from Supreme Advocacy LLP of recent decisions at the Supreme Court of Canada. Supreme Advocacy LLP offers a weekly electronic newsletter, Supreme Advocacy Letter, to which you may subscribe. It’s a summary of all Appeals, Oral Judgments and Leaves to Appeal granted from May 27 – June 17, 2021 inclusive. Appeals Civil Procedure: Court Record Access MediaQMI inc. v. Kamel, 2019 QCCA 814; 2021 SCC 23 (38755) In Québec, the Code of Civil Procedure give...
Tags: Law, Court, Queen, Court of appeal, Quebec, Trustees, Donovan, Morrow, Colucci, Summaries Sunday, Supreme Advocacy, Supreme Advocacy LLP, Supreme Court of Canada Supreme Advocacy LLP, Supreme Advocacy Letter, Kamel, Slatter

Fulton quiets Tandon’s thunder: A free exercise puzzle

This article is the first entry in a symposium on the court’s decision in Fulton v. City of Philadelphia. Jim Oleske is a professor of law at Lewis & Clark Law School. His research focuses on the intersection of religious liberty and other constitutional values. Ten weeks ago, acting on an emergency application for injunctive relief in the COVID-19 case of Tandon v. Newsom, the Supreme Court issued an unsigned opinion that appeared to resolve one of the two major free exercise issues previously...
Tags: Featured, Law, Court, Philadelphia, Smith, Rube Goldberg, Trump, Thomas, Fulton, Alito, Barrett, U S Court of Appeals, Stephen Breyer, Clarence Thomas, Tandon, Kavanaugh

"The refusal of Philadelphia to contract with CSS for the provision of foster care services unless [Catholic Social Services] agrees to certify same-sex couples as foster parents violates the Free Exercise Clause of the First Amendment."

 The Supreme Court has just ruled in Fulton v. Philadelphia.ROBERTS, C. J., delivered the opinion of the Court, in which BREYER, SOTOMAYOR, KAGAN, KAVANAUGH, and BARRETT, JJ., joined. BARRETT, J., filed a concurring opinion, in which KAVANAUGH, J., joined, and in which BREYER, J., joined as to all but the first paragraph. ALITO, J., filed an opinion concurring in the judgment, in which THOMAS and GORSUCH, JJ., joined. GORSUCH, J., filed an opinion concurring in the judgment, in which THOMAS and ...
Tags: Supreme Court, Law, Court, Css, Adoption, Philadelphia, Smith, Thomas, Fulton, Adam Liptak, Alito, Barrett, Breyer, Elena Kagan, Kavanaugh, Catholic Social Services

"Court tosses suit by Republican states challenging Affordable Care Act."

"The justices ruled 7-2 that Texas and 17 other states lacked standing to argue that the individual mandate to purchase health insurance is unconstitutional" — SCOTUSblog reports.  Here's the opinion. BREYER, J., delivered the opinion of the Court, in which ROBERTS, C. J., and THOMAS, SOTOMAYOR, KAGAN, KAVANAUGH, and BARRETT, JJ., joined. THOMAS, J., filed a concurring opinion. ALITO, J., filed a dissenting opinion, in which GORSUCH, J., joined.Looking at that, I'm most interested in why Justice...
Tags: Texas, Supreme Court, Law, Obamacare, Court, Standing, Thomas, Alito, Breyer, Clarence Thomas, Gorsuch, Ann Althouse, Thomas J, BARRETT JJ, SOTOMAYOR KAGAN KAVANAUGH

Court again leaves Affordable Care Act in place

This article was updated on June 17 at 5:16 p.m. In a much-anticipated decision, the Supreme Court on Thursday rejected another effort to dismantle the Affordable Care Act, the health care reform law often regarded as the signature legislative achievement of former President Barack Obama. The justices did not reach the main issue in the case: whether the entirety of the ACA was rendered unconstitutional when Congress eliminated the penalty for failing to obtain health insurance. Instead, by a v...
Tags: Texas, Featured, Supreme Court, Law, Congress, California, Court, Barack Obama, House Of Representatives, Biden, Ruth Bader Ginsburg, ACA, Medicaid, King, Irs, Trump

Wednesday: What’s Hot on CanLII

Each Wednesday we tell you which three English-language cases and which French-language case have been the most viewed* on CanLII and we give you a small sense of what the cases are about. For this last week: 1. Working Families Ontario v. Ontario, 2021 ONSC 4076 (CanLII) [63] It is with the minimal impairment portion of the Oakes test that the rubber of Bill 254 hits the slippery road of justification, causing the EFA vehicle to skid off course. [64] The government’s own evidence demonstrates ...
Tags: Law, Court, Bill, Ross, Ontario, Donovan, Oakes, R, Coates, SCC, EFA, Daigneault, Wednesday: What's Hot on CanLII, SCR, Sherman Estate, Working Families Ontario

Court makes it easier for appellate courts to affirm federal felon-in-possession convictions after Rehaif

Federal felon-in-possession defendants who fail in the trial court to assert their rights under the Supreme Court’s 2019 decision in Rehaif v. United States face an “uphill climb” to get a new trial or plea proceeding, the court stated Monday in Greer v. United States and United States v. Gary. Justice Brett Kavanaugh wrote for a unanimous court affirming Greer and an 8-1 majority reversing Gary, stating that “if a defendant was in fact a felon, it will be difficult for him to carry the burden ...
Tags: Featured, Supreme Court, Law, Court, United States, Gary, Sonia Sotomayor, Greer, U S Court of Appeals, Sotomayor, Kavanaugh, 4th Circuit, Merits Cases, United States and United States, Brett Kavanaugh, Rehaif

SCOTUS rules in Terry that lowest-level crack offenders cannot secure resentencing based on FIRST STEP Act retroactivity of Fair Sentencing Act

Continuing to make quick work of its criminal docket, the Supreme Court's second criminal ruling today comes in Terry v. US, No. 20– 5904 (S. Ct. June 14, 2021) (available here), and it serves to limit the offenders who can secure resentencing based on crack penalties being lowered by the Fair Sentencing Act and then made retroactive by the FIRST STEP Act. Here is how Justice Thomas's opinion for the Court in Terry gets started: In 1986, Congress established mandatory-minimum penalties for coca...
Tags: Supreme Court, Law, Congress, Court, US, Terry, Thomas, Sotomayor, Douglas A Berman

SCOTUS rules defendants must show plain error (and likely won't) when pressing Rehaif claims on appeal in felon-in-possession cases

The Supreme Court is busy clearing the criminal cases off its docket as the Term winds to a close; today first opinion is unanimously ruling in Greer v. US, No. 19–8709 (S. Ct. June 14, 2021) (available here), holding that "in felon-in-possession cases, a Rehaif error is not a basis for plain-error relief unless the defendant first makes a sufficient argument or representation on appeal that he would have presented evidence at trial that he did not in fact know he was a felon."  Here is a bit mo...
Tags: Supreme Court, Law, Court, US, United States, Gary, District Court, Greer, Wilkinson, Sotomayor, Kavanaugh, Douglas A Berman, Rehaif, Dominguez Benitez

SCOTUS rules defendants must show plain error (and likely won't) when pressing Rehaif claims in felon-in-possession cases

The Supreme Court is busy clearing the criminal cases off its docket as the Term winds to a close, as today in ruled unanimously in Greer v. US, No. 19–8709 (S. Ct. June 14, 2021) (available here), that "in felon-in-possession cases, a Rehaif error is not a basis for plain-error relief unless the defendant first makes a sufficient argument or representation on appeal that he would have presented evidence at trial that he did not in fact know he was a felon."  Here is a bit more explanatory conte...
Tags: Supreme Court, Law, Court, US, United States, Gary, District Court, Greer, Wilkinson, Sotomayor, Kavanaugh, Douglas A Berman, Rehaif, Dominguez Benitez

Notwithstanding in Ontario, Yet Again

Nearly three years ago, I wrote here that the use of s. 33 in Ontario constituted “UnChartered waters.” Given the successful appeal in that case, the use of the clause ultimately wasn’t necessary. However, I was fortunate to appear as an intervener before the Court to note that the potential use of the notwithstanding clause would presumably appear in circumstances that were pressing and substantial, and asked the Court to carefully scrutinize any such rationale as a result. That decision is sti...
Tags: Law, Court, Vienna, Canada, United States, United Kingdom, House, States, Bill, Parliament, Quebec, Alberta, Ontario, Legislature, Ontario Superior Court of Justice, Charlottetown

More Perspectives About Van Buren v. US (Guest Blog Post)

by guest blogger Kieran McCarthy [Eric’s comment: this is a supplement to my more comprehensive post on Van Buren v. US] This was a critically important case with far-reaching policy implications across dozens of industries. 23 amici curiae were filed. Justice Barrett wrote a 20-page opinion, nearly half of which was dedicated to a textual analysis of the word “so.” While I don’t have the pedigree to comment on the theoretical drafting practices of the US Supreme Court, as a practitioner in thi...
Tags: Law, Congress, Court, US, US supreme court, Eric, Van Buren, Barrett, CFAA, Orin Kerr, Licensing/Contracts, Trespass to Chattels, Kieran McCarthy, US Guest Blog Post

Split Indiana Supreme Court finally rules that forfeiture of Tyson Timbs' Land Rover driven to small drug deal was constitutionally excessive

Well over two years ago, as blogged here, the Supreme Court ruled unanimously in Timbs v. Indiana, 139 S. Ct. 682 (2019), that the that Excessive Fines Clause of Eighth Amendment applies to the states and then said little else about how that limit on punishment was to be applied. Upon remand, as blogged here, the Indiana Supreme Court some months later issued a lengthy opinion explaining its approach to the Clause while remanding case to the state trial court to apply this approach. And yesterda...
Tags: Supreme Court, Law, Court, Indiana, Dick, State, United States Supreme Court, Indiana Supreme Court, Massa, Ahab, Douglas A Berman, Timbs, Tyson Timbs, Split Indiana Supreme Court, Tyson Timbs Here

Less travel, plenty of royalties for justices in 2020

The effects of the COVID-19 pandemic were reflected in an unusual source: the justices’ 2020 financial disclosures, which the Administrative Office of the U.S. Courts released (and Fix the Court posted online) on Friday. Unlike in previous years, the justices mostly stayed close to home, with only two justices reporting reimbursements for trips after the pandemic hit in mid-March. The financial disclosures, which are released every year around this time, are relatively opaque. For example, they...
Tags: Florida, New York, Featured, Supreme Court, Law, Colorado, Washington, New York City, Court, Indiana, University of Florida, Peter Pan, Princeton University Press, Penguin Random House, Caribbean, George Washington University

Court limits definition of “violent felony” in federal gun-possession penalty

A fractured Supreme Court on Thursday narrowed the scope of a key phrase in the Armed Career Criminal Act, ruling that crimes involving recklessness do not count as “violent felonies” for the purpose of triggering a key sentencing enhancement. Justice Elena Kagan announced the judgment of the court and wrote an opinion that was joined by Justices Stephen Breyer, Sonia Sotomayor and Neil Gorsuch. Justice Clarence Thomas did not join Kagan’s opinion but concurred in the result. That means that fi...
Tags: Featured, Supreme Court, Law, Congress, Court, United States, Tennessee, Johnson, Thomas, Borden, U S Court of Appeals, Elena Kagan, Kagan, Clarence Thomas, Kavanaugh, United States the Supreme Court

In 5-4 decision, SCOTUS limits reach of ACCA mandatory minimum "violent felony" predicates by holding a "reckless offense cannot so qualify"

The last big SCOTUS sentencing ruling of this Term that I have been eagerly awaiting was (yet another) one concerning application of the Armed Career Criminal Act.  Today the wait was over, as this morning the Court handed down it opinion in Borden v. US, No. 19–5410 (S. Ct. June 10, 2021) (available here).  And it is a big win for the defendant with Justice Kagan authoring the key opinion for four Justices (with Justices Breyer, Sotomayor and Gorsuch joining), which starts this way: The Armed C...
Tags: Law, Congress, Court, US, United States, Arizona, Johnson, Thomas, Scalia, Borden, Kagan, Kavanaugh, ACCA, Gorsuch, Douglas A Berman, Breyer Sotomayor

Mediation Clause Can Stay a Miller Act Claim, Just Not Forever

It seems to be Miller Act time here at Construction Law Musings, not to mention in the Federal District Courts here in Virginia.  Last week I discussed what sort of work can form the basis for a Miller Act claim.  This week I am discussing the effect of a mandatory mediation contract clause on the same type of claim.  I have discussed both the benefits and the possible negative consequences of the inclusion of such a clause in your construction contract. The recent case out of the Norfolk, Virgi...
Tags: Law, Virginia, Court, Construction, Richmond VA, ADR, Mediation, Construction Law, Virginia Construction Attorney, Virginia Construction Mediator, Bond Claims, Miller Act, Federal District Courts, Bond Claim, Norfolk Virginia Federal District Court

When is a habeas petition “second or successive”?

The Relist Watch column examines cert petitions that the Supreme Court has “relisted” for its upcoming conference. A short explanation of relists is available here. The Supreme Court cleared out both of last week’s new relists with dispatch. The court granted cert in Federal Bureau of Investigation v. Fazaga, 20-828, involving whether Section 1806(f) of the Foreign Intelligence Surveillance Act of 1978, which creates procedures for people to seek to suppress FISA evidence that will be introduce...
Tags: Featured, Supreme Court, Law, Congress, California, Court, Arizona, Davis, Woodford, California Supreme Court, Miranda, Federal Bureau of Investigation, Reeves, Sonia Sotomayor, Scott, 9th Circuit

Flipping Bird During Zoom Hearing Costs Lawyer $3,000

These days, the duty of technology competence requires lawyers not only to know how to use Zoom, but also to remember that it can record you. It seems a lawyer inconveniently forgot that fact when he flipped the bird during his opponent’s appellate argument on Zoom, and then denied it. It was an expensive lesson, as the combination of those two acts — of flipping the bird and then denying it — cost him $3,000. It all happened during an oral argument on Zoom before the Michigan Court of Appeals. ...
Tags: Law, Court, Uncategorized, Michigan, Detroit Free Press, HEOS, Richard Reid, James Heos, Michigan Court of Appeals According

Crown Immunity Means Tough Luck for the Police: A Good Call?

In Ontario (Attorney General) v. Clark (“Clark“), the majority (8 judges) of the Supreme Court of Canada held that Crown immunity precludes claims based on misfeasance in public office. Justice Côté dissented. Here I consider the policy underpinnings and ramifications of the two opinions. Clark addressed only the question of whether the claim at issue, brought by police officers against the Crown attorneys in two cases in which the officers were involved, constituted a recognized cause of action...
Tags: Supreme Court, Law, Court, Toronto, Canada, United States, Court of appeal, PSU, British Columbia, Ontario, Moss, Henry, Watts, Clark, Blair, Abella

The Supreme Court said it won't hear a case challenging why only men have to register for the draft in the US

U.S. Army soldiers from Stryker Brigade Combat Team stand after a live fire drill during joint exercises with South Korea, dubbed Key Resolve and Foal Eagle, at Seungjin Fire Training Field in Pocheon, South Korea, Monday, March 7, 2011. South Korean and U.S. troops kicked off their annual drills on Feb. 28, while North Korea slammed the maneuvers as a rehearsal for invasion that could trigger a nuclear war on the divided peninsula. Ahn Young-joon/AP The Supreme Court on Monday said it wou...
Tags: South Korea, Politics, News, Supreme Court, Congress, North Korea, Court, US, Trends, Military, Sonia Sotomayor, The Supreme Court, U S Army, Sotomayor, Stephen Breyer, Chris Geidner

Law School Canons: You can’t always “have it your way!”

Editor’s Note: Avery Welker is a rising 2L at Mizzou and likely a future patent attorney. He authors a series linking law school canonical cases with intellectual property counterparts. You can email ideas for future posts to [email protected]  – Dennis Crouch By Avery Welker If PerDiemCo LLC (PerDiemCo | Defendant) could have it their way, sending demand letters to a company in another state would not constitute minimum contacts for purposes of personal jurisdiction. Trimble, Inc. v. PerDiem...
Tags: Florida, Texas, Law, California, Washington, Court, Burger King, Delaware, Patent, State, Mizzou, Sunnyvale California, Northern District of California, CORALVILLE Iowa, Eastern District of Texas, Federal Circuit

State secrets and the constitutionality of the male-only draft

The Relist Watch column examines cert petitions that the Supreme Court has “relisted” for its upcoming conference. A short explanation of relists is available here. The world was in balance this week, as the Supreme Court cleared out two relisted cases even as it took on two new relists. Good news for the petitioner in Unicolors, Inc. v. H&M Hennes & Mauritz, L.P., 20-915, as the court agreed to decide whether knowing falsity alone is enough to justify invalidating a copyright, or whether a par...
Tags: Featured, Supreme Court, Law, Congress, California, Court, Department Of Defense, Fbi, United States, Davis, Woodford, California Supreme Court, Federal Bureau of Investigation, Sanders, Reeves, Scott

Supreme Court’s spokesperson to step down after 38 years

The Supreme Court announced on Wednesday that Kathleen Arberg, the court’s longtime spokesperson, will retire on July 3. Arberg has spent 40 years working for the federal judiciary, with 38 of those years at the Supreme Court and 22 as the head of the court’s Public Information Office. Arberg came to the court in 1982 as an assistant public information officer and served in that role until 1999, when she became the public information officer, responsible not only for serving as the court’s spok...
Tags: Featured, Supreme Court, Law, Court, Ruth Bader Ginsburg, Antonin Scalia, John Roberts, Kathy, Roberts, Howe, Anthony Kennedy, Arberg, What's Happening Now, Kathleen Arberg, Court The post Supreme Court, COVID

Is Privity of Contract with the Owner a Requirement of a Valid Mechanic’s Lien? Not for GC’s

Originally posted 2020-12-07 10:29:33. As any reader of this construction law blog knows, mechanic’s liens make up much of the discussion here at Construction Law Musings.  A recent case out of Fairfax County, Virginia examined the question of whether contractual privity between the general contractor and owner of the property at issue is necessary.  As a reminder, in most situations, for a contract claim to be made, the claimant has to have a direct contract (privity) with the entity it sues.  ...
Tags: Law, Virginia, Court, Construction, Contracts, Fairfax, Virginia General Assembly, Richmond VA, Lien, Fairfax County Virginia, Construction Law, Mechanic's Liens, Virginia Construction Lawyer, Virginia Mechanic's Lien, Construction Mediator, Privity Of Contract

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