Posts filtered by tags: Merits Cases[x]


 

Opinion analysis: Justices affirm ruling that secret sales of invention bar later patent

This morning’s decision in Helsinn Healthcare v. Teva Pharmaceuticals, the Supreme Court’s first patent case of the year, breaks no new ground. Justice Clarence Thomas’ opinion for a unanimous court holds that Congress’ 2011 revisions to the Patent Act, however important they might be in some areas, did not displace the long-standing rule that commercial exploitation of a patentable invention “bars” a later patent – even if the inventor manages to sell the patentable item without disclosing the ...
Tags: Featured, Supreme Court, Law, Congress, United States, AIA, Thomas, Clarence Thomas, Samuel Alito, Teva, Federal Circuit, U S Court of Appeals for the Federal Circuit, Merits Cases, Leahy Smith America, Helsinn, Art Lien


Now available on Oyez: This week’s oral argument audio aligned with the transcripts

Oyez has posted the aligned audio and transcripts from this week’s oral arguments at the Supreme Court. The court heard argument this week in: Thacker v. Tennessee Valley Authority Rimini Street Inc. v. Oracle USA Inc. Home Depot U.S.A. Inc. v. Jackson Azar v. Allina Health Services Knick v. Township of Scott, Pennsylvania Tennessee Wine & Spirits Retailers Association v. Blair   The post Now available on Oyez: This week’s oral argument audio aligned with the transcripts appeared first on SC...
Tags: Supreme Court, Law, Blair, Thacker, Oyez, Merits Cases, Tennessee Valley Authority Rimini Street Inc, Oracle USA Inc Home Depot U S A Inc, Jackson Azar, Allina Health Services Knick


Challengers urge justices to dismiss census case after district court ruling (Updated)

UPDATE: On Friday, January 18, the Supreme Court announced that it had removed the case from the February argument calendar and suspended the briefing schedule “pending further order of this Court.” Although the justices will not hear oral argument in the case in February, today’s order does not foreclose the possibility that the case could be argued later in the term, at which point the justices could also potentially review the district court’s decision blocking the government from including t...
Tags: Featured, Supreme Court, Law, Commerce, Department Of Justice, Doj, Ross, Gore, Trump, Howe, U S Department of Commerce, Merits Cases, What's Happening Now, Wilbur Ross, John Gore


Challengers urge justices to dismiss census case after district court ruling

On February 19, the Supreme Court is scheduled to hear oral argument in U.S. Department of Commerce v. U.S. District Court for the Southern District of New York, a dispute over evidence in a challenge to the Trump administration’s decision to reinstate a question about citizenship on the 2020 census. The justices agreed in November to review the case, but they also rejected the government’s request to put the trial in the case on hold. The district court went ahead with the trial, and on Tuesday...
Tags: Featured, Supreme Court, Law, Commerce, Department Of Justice, Doj, Ross, Gore, Trump, Howe, U S Department of Commerce, Merits Cases, What's Happening Now, Wilbur Ross, John Gore


Reargument analysis: Justices seek a “middle position” in takings litigation case

During yesterday’s argument in Knick v. Township of Scott – the second time the court has heard the case this term – the justices seemed to be looking for a compromise position. The court granted review in the case to decide whether to overrule a 1985 precedent, Williamson County Regional Planning Commission v. Hamilton Bank, which requires local-government takings plaintiffs to follow the state’s compensation procedures before alleging a taking in federal court. Williamson County is controversi...
Tags: Featured, Law, Congress, San Francisco, Pennsylvania, United States, Francisco, Sachs, Sonia Sotomayor, John Roberts, Roberts, Alito, Sotomayor, Stephen Breyer, Breyer, Elena Kagan


Argument analysis: Justices have strong views about removal of class actions

Yesterday morning’s argument in Home Depot U.S.A. v. Jackson was a notable one, as Justice Elena Kagan brought a strong view of the case to the bench and proceeded to dominate the argument. The case involves the removal of litigation from state court to federal court. Under Section 1441 (and predecessor provisions dating back to the 18th century), “the defendant or the defendants” generally has a right to remove “any civil action brought in a State court of which the [federal] district courts ha...
Tags: Home Depot, Featured, Law, Congress, Citibank, Jackson, Sonia Sotomayor, John Roberts, Alito, Sotomayor, Stephen Breyer, Breyer, Elena Kagan, Kagan, Samuel Alito, Goldstein Russell


Opinion analysis: Interesting 5-4 coalition holds that the ACCA reaches robberies that require force sufficient to overcome resistance (Corrected)

In the first 5-4 decision of this term (Stokeling v. United States), the Supreme Court ruled yesterday that state robbery statutes that require “resistance … overcome by physical force,” even if the force used is “minimal,” are sufficient to satisfy the prior-conviction requirement of the federal Armed Career Criminal Act. This result was not as surprising as the grouping of the justices. Justice Clarence Thomas’ majority opinion was joined by Justice Stephen Breyer, while Justice Sonia Sotomayo...
Tags: Florida, Featured, Supreme Court, Law, Congress, United States, Davis, Johnson, Corrections, United, Thomas, Sonia Sotomayor, Antonin Scalia, John Roberts, Scalia, U S Court of Appeals


Opinion analysis: Interesting 5-4 coalition holds that the ACCA reaches robberies that require force sufficient to overcome resistance

In the first 5-4 decision of this term (Stokeling v. United States), the Supreme Court ruled yesterday that state robbery statutes that require “resistance … overcome by physical force,” even if the force used is “minimal,” are sufficient to satisfy the prior-conviction requirement of the federal Armed Career Criminal Act. This result was not as surprising as the grouping of the justices. Justice Clarence Thomas’ majority opinion was joined by Justice Stephen Breyer, while Justice Sonia Sotomayo...
Tags: Florida, Featured, Supreme Court, Law, Congress, United States, Davis, Johnson, Thomas, Sonia Sotomayor, Antonin Scalia, John Roberts, Scalia, U S Court of Appeals, Sotomayor, Stephen Breyer


Argument transcripts

The transcript of oral argument in Knick v. Township of Scott is available on the Supreme Court’s website; the transcript in Tennessee Wine & Spirits Retailers Association v. Blair is also available. The post Argument transcripts appeared first on SCOTUSblog.
Tags: Supreme Court, Law, Blair, Merits Cases, Knick v Township of Scott, Tennessee Wine Spirits Retailers Association


Argument analysis: Justices weigh text and history of 21st Amendment in challenge to state residency requirement for liquor licenses

Ratified in 1933, the 21st Amendment ended Prohibition – which (fun fact!) was established by the 18th Amendment, ratified 100 years ago today. It also gave states broad power to regulate alcoholic beverages. At today’s oral argument in Tennessee Wine and Spirits Retailers Association v. Blair, the justices considered exactly how expansive that regulatory power is. In particular, does the 21st Amendment allow Tennessee to impose a two-year residency requirement for anyone who wants a retail lice...
Tags: Amazon, Utah, Featured, Supreme Court, Law, Tennessee, Nashville, Ruth Bader Ginsburg, Memphis, Wilson, Sonia Sotomayor, John Roberts, Phillips, Blair, Howe, Alito


Argument analysis: Justices grapple with notice-and-comment rulemaking for Medicare and beyond

Medicare was before the Supreme Court yesterday in a case that could have significant implications for administrative law. At the granular level, the case, Azar v. Allina Health Services, concerns whether the Department of Health and Human Services was permitted to change, without notice and comment, an important reimbursement formula for hospitals that treat many low-income patients. That question alone determines the fate of $3 to $4 billion. But the stakes are higher because the case requires...
Tags: Featured, Supreme Court, Law, Congress, Medicare, Ruth Bader Ginsburg, National Labor Relations Board, Shah, Thomas, Sonia Sotomayor, APA, HHS, D C Circuit, Department of Health and Human Services, Sotomayor, Bowen


Opinion analysis: Justices uphold arbitration exemption for transportation workers in rare victory for arbitration opponents

Arbitration month at the Supreme Court continued this morning with the unanimous decision in New Prime Inc. v. Oliveira – following by a single week the unanimous decision in Henry Schein v. Archer & White Sales. New Prime, though, is anything but business as usual: Justice Neil Gorsuch’s opinion for a unanimous court rejects a claim for arbitration for the first time in a string of more than a dozen of the Supreme Court’s cases stretching back more than a decade. Indeed, I doubt the court has r...
Tags: Featured, Supreme `` Court, Law, Congress, United States, Ruth Bader Ginsburg, Thomas, Henry Schein, John Roberts, Ginsburg, Kavanaugh, INS, Oliveira, Gorsuch, Merits Cases, Chadha


Argument transcripts

The transcript of oral argument in Home Depot U.S.A. Inc. v. Jackson is available on the Supreme Court’s website; the transcript in Azar v. Allina Health Services is also available.   The post Argument transcripts appeared first on SCOTUSblog.
Tags: Supreme Court, Law, Jackson, Merits Cases, Azar, Allina Health Services, Home Depot U S A Inc


Argument analysis: When is the government not really the government for immunity from tort liability?

In Thacker v. Tennessee Valley Authority, the government contends (and the lower courts agreed) that the TVA should be immune from tort liability to shield executive policy-making, even when the TVA is engaged in arguably commercial activity. The petitioner, Gary Thacker, argues that an entirely different analysis applies to the TVA, which Congress has made broadly subject to suit without expressly preserving policy immunity. Ann O’Connell Adams, assistant to the U.S. solicitor general (Art Li...
Tags: Featured, Supreme Court, Law, Congress, United States, Adams, Sonia Sotomayor, TVA, John Roberts, Roberts, Alito, Rouse, Tennessee River, Sotomayor, Stephen Breyer, Breyer


Argument analysis: Quiescent bench dubious about broad fee awards in copyright cases

The week’s second argument, Rimini Street v. Oracle USA, has the justices considering the scope of fees available to a prevailing party in litigation under the federal Copyright Act. Sitting for the second week without Justice Ruth Bader Ginsburg, the bench was remarkably quiescent. To the extent the justices evinced any strong interest in the case, they seemed skeptical about allowing broad fee awards. The case calls for a reading of Section 505 of the Copyright Act, which defines the recove...
Tags: Featured, Law, Congress, Court, Ruth Bader Ginsburg, Paul Clement, Sonia Sotomayor, John Roberts, Perry, Roberts, Sotomayor, Elena Kagan, Kagan, RIMINI, Clement, Mark Perry


Argument transcripts

The transcript of oral argument in Thacker v. Tennessee Valley Authority is available on the Supreme Court’s website; the transcript in Rimini Street Inc. v. Oracle USA Inc is also available.   The post Argument transcripts appeared first on SCOTUSblog.
Tags: Supreme Court, Law, Tennessee Valley Authority, Thacker, Rimini Street Inc, Merits Cases, Oracle USA Inc


Now available on Oyez: This week’s oral argument audio aligned with the transcripts

Oyez has posted the aligned audio and transcripts from this week’s oral arguments at the Supreme Court. The court heard argument this week in: Merck Sharp & Dohme Corp. v. Albrecht Obduskey v. McCarthy & Holthus LLP Herrera v. Wyoming Fourth Estate Public Benefit Corp. v. Wall-Street.com Franchise Tax Board of California v. Hyatt   The post Now available on Oyez: This week’s oral argument audio aligned with the transcripts appeared first on SCOTUSblog.
Tags: Supreme Court, Law, Hyatt, Oyez, Merits Cases, Merck Sharp Dohme Corp, Wyoming Fourth Estate Public Benefit Corp, Albrecht Obduskey, McCarthy Holthus LLP Herrera, Wall Street com Franchise Tax Board of California


Argument analysis: The familiar yet fresh debate in Franchise Tax Board of California v. Hyatt

Federal courts aficionados have been looking forward to the oral argument in Franchise Tax Board of California v. Hyatt, and the event did not disappoint. The question was whether to overrule the decades-old precedent Nevada v. Hall, which held that states lack sovereign immunity in one another’s courts. The argument largely broke down according to familiar ideological lines, but the discussion still had verve and creativity, in part thanks to the performances of veteran advocates Seth Waxman an...
Tags: Featured, Supreme Court, Law, California, Nevada, Ruth Bader Ginsburg, Hall, Hyatt, Sachs, Sonia Sotomayor, John Roberts, Waxman, Alito, William Rehnquist, Sotomayor, Stephen Breyer


Argument preview: Justices to consider constitutionality of residency requirements for liquor licenses

The Constitution’s 21st Amendment gives states the power to regulate the distribution of alcohol into and within a state, while a doctrine known as the dormant commerce clause (derived from the Constitution’s commerce clause) bars states from discriminating against interstate commerce. Next week the Supreme Court will hear oral argument in a challenge to a Tennessee law that requires anyone who wants a retail license to sell alcohol in Tennessee to have lived there for at least two years. A fe...
Tags: Utah, Featured, Maryland, Supreme Court, Law, Congress, Tennessee, Nashville, Memphis, Knoxville, Howe, U S Court of Appeals, Doug, Asheville North Carolina, David Trone, Alcoholic Beverage Commission


Reargument preview: A new theory of when local-government takings occur

Photo credit to Pacific Legal Foundation On Wednesday, for the second time this term, the court will hear argument in Knick v. Township of Scott. The case addresses when property owners who allege that a local government has taken their property can bring a lawsuit in federal court. A 1985 precedent, Williamson County Regional Planning Commission v. Hamilton Bank, requires such plaintiffs to first make use of the state’s compensation procedures; only then can they say whether their property h...
Tags: Featured, Supreme Court, Law, Congress, United States, Pacific Legal Foundation, Samuel Alito, Knick, Williamson County, Gorsuch, Merits Cases, Noel Francisco, Brett Kavanaugh, Williamson County Regional Planning Commission, Hamilton Bank, Neil Gorsuch


Argument analysis: Searching for the least unnatural reading

The second argument on Monday was in Obduskey v. McCarthy Holthus LLP, a case about whether law firms that handle nonjudicial foreclosures are “debt collectors” within the meaning of the Fair Debt Collection Practices Act. If the argument clarified anything, it’s that the FDCPA is a messy statute. This case arises from a crowded corner of consumer law involving significant state and federal regulations that do not always play well together. Colorado foreclosure law requires a firm initiating a n...
Tags: Featured, Law, Congress, Colorado, United States, Ruth Bader Ginsburg, Bond, Mccarthy, Wells Fargo, Fdcpa, Sonia Sotomayor, John Roberts, Sotomayor, Stephen Breyer, Breyer, Elena Kagan


Argument transcript

The transcript of oral argument in Franchise Tax Board of California v. Hyatt is available on the Supreme Court’s website.   The post Argument transcript appeared first on SCOTUSblog.
Tags: Supreme Court, Law, Hyatt, Merits Cases, Tax Board of California


Argument analysis: Justices wade deep into the copyright weeds

Tuesday’s argument in Fourth Estate v. Wall-Street.com featured competing interpretations of the phrase “registration of the copyright claim has been made” in 17 U.S.C.§ 411(a), which requires copyright registration as a prerequisite for filing an infringement suit. Because much of the argument focused on niceties of textual interpretation, I’ll quote the language of the relevant subsection: [N]o civil action for infringement of the copyright in any United States work shall be instituted until p...
Tags: Featured, Supreme Court, Law, Congress, United States, Ruth Bader Ginsburg, Copyright Office, Sonia Sotomayor, John Roberts, Ellis, U S Court of Appeals, Elena Kagan, Kagan, Kavanaugh, 11th Circuit, Fourth Estate


Argument analysis: Justices grapple with preclusion and “occupation” in Crow Tribe treaty case

On Tuesday, the Supreme Court heard argument in its latest foray into Indian treaty interpretation, Herrera v. Wyoming. The case concerns the persistence of the Crow Tribe’s hunting right in the 1868 Second Treaty of Fort Laramie. In an occasionally meandering argument, the Supreme Court repeatedly circled the three issues at the core of the case: issue preclusion, the implications of the court’s holding in its 1999 decision in Minnesota v. Mille Lacs Band of Chippewa Indians, and the meaning of...
Tags: Featured, Minnesota, Supreme Court, Law, Wyoming, Sonia Sotomayor, Ward, John Roberts, Roberts, Liu, Randy, U S Court of Appeals, Sotomayor, Stephen Breyer, Breyer, Mille Lacs


Opinion analysis: Kavanaugh’s first opinion rejects vague exception limiting enforcement of arbitration agreements

The justices’ first opinion day of 2019 brought the first opinion from Justice Brett Kavanaugh, writing for a unanimous court in Henry Schein Inc. v. Archer & White Sales Inc. The case is the most recent in a decade-long string of opinions under the Federal Arbitration Act, in which the Supreme Court consistently has reversed lower-court decisions refusing to enforce arbitration agreements. Many of those cases have been decided by narrow 5-4 majorities, which has raised the possibility that the ...
Tags: Featured, Supreme Court, Law, Henry Schein, The Supreme Court, Henry Schein Inc, Anthony Kennedy, Kavanaugh, Varela, Oliveira, Merits Cases, Lamps Plus, Brett Kavanaugh, New Prime Inc, Archer White Sales Inc, Kennedy Supreme Court


Opinion analysis: Social Security cap on attorney’s fees applies separately to successful representation before a court

According to a unanimous opinion released today, Social Security law does not impose an aggregate cap of 25 percent on attorney’s fees for successful representation of a Social Security disability claimant before both the Social Security Administration and a court. Instead, a 25 percent cap applies separately to representation before the court. This is a win for attorney Richard Culbertson, who represented a disability claimant both before the Social Security Administration and in court. He may ...
Tags: Featured, Supreme Court, Law, Congress, Social Security, Social Security Administration, Clarence Thomas, Weil, Merits Cases, Amy Weil, Richard Culbertson


Supreme Court declines to intervene in Virginia redistricting dispute

Today the Supreme Court rejected a request by Virginia legislators to put lower-court proceedings in a case challenging the legislative districts drawn for the state’s House of Delegates as the product of unconstitutional racial gerrymandering – that is, the idea that legislators relied too much on race when drawing the maps — on hold until the justices rule on the case. Today’s order means that a federal district court’s efforts to create a new map, with the assistance of a voting-rights expert...
Tags: Featured, Supreme Court, Law, California, Virginia, House, State, John Roberts, House of Delegates, Howe, Merits Cases, Virginia House of Delegates, Bethune Hill, Court The post Supreme Court


Argument transcripts

The transcript of oral argument in Herrera v. Wyoming is available on the Supreme Court’s website; the transcript in Fourth Estate Public Benefit Corp. v. Wall-Street.com is also available. The post Argument transcripts appeared first on SCOTUSblog.
Tags: Supreme Court, Law, Wyoming, Herrera, Merits Cases, Fourth Estate Public Benefit Corp


Argument preview: Requiring notice and comment under the Medicare statute

The intricacies of the Medicare program will be on display at the Supreme Court next week, in a case challenging a major Department of Health and Human Services payment determination issued without notice-and-comment procedures. The case has administrative law mavens tuned in as well, as it may have broader implications for the still unresolved but critical question of when agencies in general may act without such procedures. Medicare, the massive federal health insurance program for the elder...
Tags: Texas, Featured, Supreme Court, Law, Congress, Barack Obama, Cms, United States, Medicare, Department Of Homeland Security, APA, HHS, D C Circuit, Department of Health and Human Services, Kavanaugh, Sebelius


Argument preview: Justices to consider removal of class actions to federal court

Next Wednesday the justices will hear their second major class-action case of the year. Following on Frank v. Gaos (argued in November), Home Depot USA v. Jackson considers the ability of defendants to remove class actions to federal court. Unlike Frank v. Gaos, which considered a largely untethered question about the propriety of class-action settlements that do not provide direct compensation to class members, Home Depot USA presents two crisp questions of statutory interpretation. A litt...
Tags: Home Depot, Featured, Supreme Court, Law, Congress, Citibank, Jackson, North Carolina, Frank, Goldstein Russell, George Jackson, Merits Cases, GAOS, Home Depot Home Depot, CAFA, November Home Depot USA