Posts tagged with: "supreme+court"
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17 May 2013, 1:59 pm
Have any suggestions for the 3 Count? Let me know via Twitter @plagiarismtoday.
1: Advocates Call for Legal Protections for Copyright Consumers
First off today, Grant Gross at Tech Hive reports that yesterday marked the first hearing before the intellectual property subcommittee of the House Judiciary Committee on a possible major overhaul of copyright in the United States.
The hearing involved members from a group called the Copyright Principles Project, which released a 2010 report about trying… [read post]
17 May 2013, 1:41 pm
In November 2011, I posted about whether attorney fees must be superseded to stay execution of a judgment pending appeal. Today, in In re Nalle Plastics Family Limited Partnership (No. 11-0903), the Texas Supreme Court resolved a split among the intermediate courts of appeals and answered the question, “No.”
Let me set the stage a little. With some exceptions, filing a notice of appeal does not prevent a judgment from being enforced. Before 2003, an appellant seeking to supersede a… [read post]
17 May 2013, 1:41 pm
In November 2011, I posted about whether attorney fees must be superseded to stay execution of a judgment pending appeal. Today, in In re Nalle Plastics Family Limited Partnership (No. 11-0903), the Texas Supreme Court resolved a split among the intermediate courts of appeals and answered the question, “No.”
Let me set the stage a little. With some exceptions, filing a notice of appeal does not prevent a judgment from being enforced. Before 2003, an appellant seeking to supersede a… [read post]
17 May 2013, 11:46 am
In a unanimous decision, the Supreme Court affirmed both the lower court and Federal Circuit decisions rejecting Bowman’s patent exhaustion defense relating to his harvesting of second generation soybean seeds featuring Monsanto’s patented genetic trait.
Monsanto invented and patented a genetic alteration that allows soybean seeds to survive exposure to a certain herbicide. Monsanto sold its patented seeds to farmers, subject to a licensing agreement that only allows farmers to… [read post]
17 May 2013, 11:46 am
In a unanimous decision, the Supreme Court affirmed both the lower court and Federal Circuit decisions rejecting Bowman’s patent exhaustion defense relating to his harvesting of second generation soybean seeds featuring Monsanto’s patented genetic trait.
Monsanto invented and patented a genetic alteration that allows soybean seeds to survive exposure to a certain herbicide. Monsanto sold its patented seeds to farmers, subject to a licensing agreement that only allows farmers to… [read post]
17 May 2013, 8:00 am
One of the big issues in wage and hour law in the last few years has been what has become known as "F-quad-A preemption." The Federal Aviation Administration Authorization Act of 1994 (FAAAA) preempts state laws "related to a price, route, or service of any motor carrier . . . with respect to the transportation of property." The question is whether state wage and hour laws fall within the preemptive scope of the FAAAA when applied to employees in the transportation industry.
This issue is… [read post]
17 May 2013, 7:16 am
Hello everyone and Happy Friday! Take a look at the latest in foreign filing news for the past week: In Bowman v. Monsanto Co., the U.S. Supreme Court ruled that an Indiana farmer violated the principles of patent law. Throughout … Continue reading → [read post]
17 May 2013, 6:17 am
Here:
Response to Petition
The petition is here.
Lower court materials here. An earlier incarnation of the case, here.
[read post]
17 May 2013, 5:48 am
On Monday, May 13, 2013, the United States Supreme Court, in a unanimous decision, ruled that a farmer who buys Monsanto’s patented seeds cannot then propagate new seeds for future use without infringing the underlying patent.
The opening paragraph in the Court’s decision, which was delivered by Justice Kagan, succinctly captures the essence of the ruling. Justice Kagan wrote:
Under the doctrine of patent exhaustion, the authorized sale of a patented article gives the purchaser, or… [read post]
17 May 2013, 3:45 am
In February, the brokerage firm Charles Schwab won a ruling from a hearing panel of FINRA, the financial industry regulatory authority, invalidating FINRA's rule against class-action bans and allowing Schwab to use a class-action ban in its customer agreements. The panel concluded that "the amended language used in Schwab's customer agreements to prohibit participation in judicial class actions does violate FINRA rules, but that FINRA may not enforce those rules because they are in conflict… [read post]
17 May 2013, 2:11 am
Preston (formerly Moore) v President of the Methodist Conference [2013 UKSC 29; [2013] WLR (D) 179
“The basis for the rights and duties of an ordained minister of the Methodist Church were to be found in the constitutional provisions of the church and not in any arrangement of a kind which could amount to a contract. Therefore a Methodist minister was not an “employee” of the church for the purposes of section 230 of the Employment Rights Act 1996 and was not entitled to bring… [read post]
16 May 2013, 11:11 am
Here is the Montana Supreme Court’s ruling in In re K.B.:
Opinion
Excerpt:
Mother appeared with counsel at the termination hearing and contested the termination of her parental rights, suggesting instead that the State be granted a long-term guardianship of the children. The Tribe did not appear. Mother’s attorney informed the court:
I don’t think alcoholism is a reason to terminate under the Indian Child Welfare Act. My client has been making visits. My client is employed. And my… [read post]
16 May 2013, 9:00 am
Today, the HAWSCT will hear oral arguments at 9AM in In the Matter of the Application of Honolulu
Construction and Draying Company, Ltd. v. State of Hawaii, Department of Land
and Natural Resources et al., Scenic Hawaii, and Aloha Tower Development Corp.,
SCWC-30484, concerning the award of attorneys' fees under the private attorney
general doctrine. The Land Court awarded
attorneys' fees and costs totaling over $135,000.00 to Scenic Hawaii, and the
ICA reversed.
The underlying case… [read post]
16 May 2013, 8:21 am
by Deepak Gupta
A divided panel of the Third Circuit today joined the D.C. Circuit in holding that President Obama's recess appointments to the NLRB are unconstitutional. The case is NLRB v. New Visa Nursing and Rehabilitation. From the majority opinion by Judge Smith, who is joined by Judge Van Antwerpen:
The central
question in this
case
is the
meaning of "the Recess of the Senate," which is the only
time in which the president may use his power to recess
appoint officers. Three… [read post]
16 May 2013, 8:00 am
I have said that one of my favorite legal blogs is the FLSA Overtime Law Blog, written by Andrew R. Frisch. Mr. Frisch practices in New York and Florida and he does an excellent job of covering developments in Fair Labor Standards Act law across the country.
Mr. Frisch recently noted that the Supreme Court has denied a petition for certiorari in Convergent Outsourcing, Inc. v. Zinni:
On the heels of last month’s Genesis Healthcare Corp. v. Symczyk, the Supreme Court had the… [read post]
16 May 2013, 7:27 am
The surgical "assignment" of sex/gender to an infant born with "ambiguous" genitals is a problem that has garnered much attention. The Constitutional Court of Colombia issued a series of opinions beginning in 1995, analyzed in a 2004 law review article... [read post]
16 May 2013, 7:01 am
"... a tea party group in Southern California that was sent an IRS questionnaire with more than 100 questions on it.... Some groups, including several interviewed by The Washington Post, were asked to provide names of donors or membership lists, which experts say the IRS cannot legally do."
The San Fernando group first submitted its application for nonprofit status in the fall of 2010, which was after the IRS’s Cincinnati-based “determination unit” had implemented its politically… [read post]
16 May 2013, 6:20 am
Authored by Scott St. Amand and Douglas L. Waldorf, Jr. of Rogers TowersIt is no secret that Florida consistently ranks among the worst states in the union in regards to the mire of the residential mortgage foreclosure case backlog. From 2007 to 2013, approximately 1.5 million foreclosure cases have been filed in Florida alone. As of February 2013, nearly 360,000 cases remained pending in Florida courts, and an estimated 680,000 new cases will be filed within the next three years. Clearly, something… [read post]
16 May 2013, 4:25 am
Oakland County Business CourtOn June 3rd, the Oakland County Business Court commences here at the Oakland County Circuit Court. The Michigan Supreme Court has appointed Oakland Circuit Judges Wendy Potts and James Alexander to preside over the docket. To qualify for the Business Court, a dispute must seek at least $25,000 in damages and all litigants must be business entities; not individuals. In addition, the Business Court will adopt e-filing and feature cost-saving tools such as… [read post]
16 May 2013, 4:03 am
It is always good to have powerful friends, and a new study shows that the business community has a powerful ally in the U.S. Supreme Court. Evidence shows the current Court strongly favors business interests, according to a new study appearing in April’s Minnesota Law Review. The paper is authored by Lee Epstein, a law [...] [read post]