Posts tagged with: "supreme+court"
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14 Nov 2013, 7:00 am by AIPLA
The Supreme Court on November 5, 2013, heard oral argument on whether the burden of proof in an action for a declaratory judgment of non-infringement falls on the plaintiff licensee or on the defendant patentee. The debate centered around whether a patentee/defendant sued for a declaratory judgment of non-infringement is required to prove a case of infringement that was neither alleged nor arguably possible where the DJ plaintiff is a licensee. The Petitioner argued that the burden that would... … [read post]
26 Aug 2013, 6:33 am by Beth Graham
On Friday, the Supreme Court of Texas agreed to hear Americo Life, Inc., et al. v. Robert L. Myer and Strider Marketing Group, Inc., No. 12-0739, which is currently on appeal from the 5th Court of Appeals in Dallas.  The issue in the case is whether an arbitration award of more than $26 million should be vacated based on an arbitrator’s disqualification by the American Arbitration Association (AAA) where the parties’ agreement to select an arbitrator purportedly conflicts with AAA… [read post]
10 Jan 2011, 11:47 am by Tasha C. Taylor
The Honorable Karen Baker and the Honorable Courtney Hudson Henry will be sworn in as Associate Justices of the Arkansas Supreme Court today at 3:00 p.m. in the Arkansas Supreme Court courtroom in Little Rock.  The ceremony will be streamed live online.  Judge Karen Baker formerly served as the Court of Appeals Judge for District 2, Position 2.  She was elected to the Arkansas Supreme Court in a runoff election on November 2, 2010, where she received 60% of the votes to overtake her… [read post]
4 Jan 2011, 5:15 am by Tim Evans
No, I don’t mean what make a Mississippi divorce attractive. I don’t think there is anything that can make a divorce attractive. I mean asking a higher court to review the judge’s decision in your Mississippi divorce. In Mississippi, divorces are granted by the chancery courts. All appeals from the chancery courts go to the Mississippi Supreme Court. That court then determines whether to keep the case or assign it to the Mississippi Court of Appeals. What Can Be Appealed? Not every order from… [read post]
23 Apr 2012, 8:57 am by McNabb Associates, P.C.
The Associated Press on April 23, 2012 released the following: "WASHINGTON (AP) - The Supreme Court has turned away an appeal from a former Merrill Lynch executive who was convicted on perjury and obstruction charges that stemmed from a bogus 1999 deal involving Enron. The justices did not comment Monday in leaving in place a federal appeals court ruling that upheld the conviction of James A. Brown. He argued that federal prosecutors improperly withheld favorable evidence in his case. The charges… [read post]
10 Sep 2013, 8:49 am by Beth Graham
The Supreme Court of Texas has declined to review a First District Court of Appeals decision requiring arbitration in a natural gas contract dispute.  In Enterprise Field Services, LLC v. TOC-Rocky Mountain, Inc., No. 01-12-00345-CV (Tex. App. 1st February 28, 2013), Houston’s First Appellate District compelled the case to arbitration despite that arbitration was not expressly required under the parties’ agreement because the dispute could not be decided without considering another… [read post]
6 Jun 2011, 10:31 am by Stefanie Levine
Big news for the technology transfer world…. earlier today, the Supreme Court issued it's decision in Stanford v. Roche. The issue in the case was, in the context of federally funded research, the ownership of the invention first arises with the federal contractor (i.e., Stanford) or with the inventor under the Bayh-Dole Act 35 U.S.C. §§ 200-212 and whether the inventor can interfere with that right by assigning the invention to a third party. Gene Quinn, of IPWatchdog and Practice Center… [read post]
12 Jun 2013, 8:03 am by Beth Graham
On Monday, the United States Supreme Court agreed to hear BG Group PLC v. Republic of Argentina, No. 12-138.  In the case, the Republic of Argentina argued an arbitrator exceeded his authority by ignoring the terms of a bilateral investment treaty between the nation and the United Kingdom.  The treaty provides that arbitration may take place only if a dispute is not resolved within 18 months of a filing in the host nation’s courts.  Argentina alleged that “BG Group, PLC, a… [read post]
30 Jun 2011, 1:35 pm by ERIC J DIRGA PA
Image via Wikipedia John Ashcroft was sued by Abdullah al-Kidd because in 2003 Mr. al-Kidd was held on a material witness warrant (authorized by Ashcroft) in a case against Sami Omar al-Hussayen.  Mr. al-Kidd was in jail for 16 days and then supervised release for 14 months until the case against al-Hussayen was resolved (without Mr. al-Kidd being called as a witness).  The complaint alleged that Ashcroft was using the material witness warrant to detain individuals that were suspected of some… [read post]
14 Nov 2013, 7:00 am by AIPLA
The Supreme Court on November 5, 2013, heard oral argument on whether the burden of proof in an action for a declaratory judgment of non-infringement falls on the plaintiff licensee or on the defendant patentee. The debate centered around whether a patentee/defendant sued for a declaratory judgment of non-infringement is required to prove a case of infringement that was neither alleged nor arguably possible where the DJ plaintiff is a licensee. The Petitioner argued that the burden that would be on… [read post]
12 Aug 2011, 7:25 am by McNabb Associates, P.C.
Brian and Kerry Ann Howes, from Bo’ness, near Falkirk, are said to have sold legal chemicals which were then used to make illegal drugs in the US. The pair maintain they ran a legitimate business. The Court of Criminal Appeal in Edinburgh granted them leave to take their human rights challenge to London. Defence counsel Chris Shead, for Mrs Howes, told Lord Mackay, sitting with Lord Bonomy and Lord Osborne, that an English case involving parents facing extradition had already been referred to the… [read post]
18 Nov 2010, 8:36 pm by Glenn R. Reiser
In a 4-2 vote, New Jersey's Supreme Court in The Committee to Recall Robert Menendez v. Nina Wells (A-86-09) held that a tea-party group can't continue with its effort to recall U.S. Sen. Robert Menendez. The group, amongst Menendez's critics, argued that the states have the power to regulate recall efforts because the U.S. Constitution is silent on the issue. Specifically, the tea party group maintained that an amendment to New Jersey's state constitution later implemented by statute provides for… [read post]
7 Jan 2011, 4:19 pm by Paul Karlsgodt
Instead of a trilogy of class action decisions by the U.S. Supreme Court this term, it looks like there will be a “quadrilogy“! For the fourth time in the October 2010 Term, the Court has granted certiorari in a class action-related case.  Today, the Court granted cert in Erica P. John Fund, Inc. v. Halliburton Co., No. 09-1403.  The appeal raises issues regarding the burden of proof  for class certification in a securities fraud case when the plaintiff intends to prove causation and… [read post]
17 Feb 2014, 7:59 am by Tasha C. Taylor
*Andy and I are excited to report that our good friend and mentor, Tim Cullen, has announced his candidacy for Arkansas Supreme Court.   I have known Tim for the past seven years, more than three of which were spent working with him and learning from him as an Associate Attorney at Cullen & Co., PLLC.  Andy also spent a year working with Tim at his firm.  Tim is an excellent attorney and advocate for his clients, and his years practicing primarily as an appellate… [read post]
21 Mar 2012, 11:01 am by McNabb Associates, P.C.
The Associated Press on March 21, 2012 released the following: "Court: Lawyers must do good job on plea bargains By JESSE J. HOLLAND Associated Press WASHINGTON (AP) - A divided Supreme Court on Wednesday laid out new standards for criminal plea bargains, saying defense lawyers must do a competent job advising and informing their clients of prosecutors' offers of less prison time for convictions and guilty pleas. Justice Antonin Scalia, in a rare move, dissented aloud from the bench, calling the… [read post]
25 Aug 2011, 5:23 am by Charlotte Law Library
The U. S. Supreme Court will hear oral arguments in U.S .v.  Jones (Docket No. 10-1259) on Tuesday, November 8th. The facts of the Jones case were first presented in the DC District Court in 2006 and then in the D.C. Circuit Court of Appeals in 2010. The U.S. District Court of D. C. summarized the  Jones case this way in their Memorandum Opinion and Order dated August 1,2011 (2011 WL 3332856): Antoine Jones the defendant in the above referenced case was found guilty of a conspiracy to distribute… [read post]
22 Apr 2013, 5:48 am by Dianne Saxe
We have written several times about the Supreme Court of Canada’s decision in Abitibi Bowater v. Newfoundland, in which insolvency law trumped environmental orders. Today, we want to tell you more about the rule the court laid down, and why it is likely to have perverse consequences. In short, the Supreme Court ruled that environmental orders can jump the insolvency queue, and take priority over other creditors, but only when the province is NOT likely to pay for the work itself. For a brief… [read post]
4 Mar 2014, 8:18 am by Tasha C. Taylor
Judge Rhonda Wood’s Unopposed Election Leads to First Female-Majority Arkansas Supreme Court With the filing period officially closed and all judicial candidates announced, the Arkansas Supreme Court will, for the first time in history, be made up of a majority of female justices.  Court of Appeals Judge Rhonda Wood is running unopposed for Position 7 on the Arkansas Supreme Court, the seat being vacated by Justice Cliff Hoofman.  Justice Hoofman was appointed in 2012 by Governor… [read post]
24 Sep 2008, 2:08 pm by Glenn R. Reiser
In an important decision that provides guidelines for retiring judges seeking future employment in the legal profession, on September 24, 2008 the New Jersey Supreme Court ordered that a new trial must be conducted because of the appearance of impropriety created by a then soon-to-be retiring Chancery Court trial judge who, before the case had been concluded, began negotiating employment with an attorney appearing before him whose firm represented one of the litigants in the same case. DeNike v.… [read post]
25 Apr 2013, 5:02 am by Dianne Saxe
We have written several times about the Supreme Court of Canada’s decision in AbitibiBowater v. Newfoundland, in which insolvency law trumped environmental orders. Today, we want to tell you more about the rule the court laid down, and why it is likely to have perverse consequences. In short, the Supreme Court ruled that environmental orders can jump the insolvency queue, and take priority over other creditors, but only when the province is NOT likely to pay for the work itself. For a… [read post]