Posts tagged with: "supreme+court"
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5 Jan 2010, 3:45 pm
Yesterday I published my Patent Wishes for 2010. Those things identified were largely industry wide wishes or desires and did not focus on any particular category or classification of invention. I wrote about how the monstrosity of an obviousness test we are hobbled with thanks to the Supreme Court's KSR decision must be changed and [...] [read post]
27 Jun 2012, 3:25 am
Tomorrow, the Supreme Court is expected to issue its long-awaited ruling on health care reform.
Experts all over the planet are issuing predictions on how the court will rule. I thought it might be fun to see what YOU think will happen. Please express yourselves and then tune in tomorrow to see how clairvoyant you are.
Note: There is a poll embedded within this post, please visit the site to participate in this post's poll. [read post]
1 Apr 2011, 6:20 am
Readers may be interested in the Equal Justices Initiative at Queen Mary University of London. The Initiative is lobbying for gender parity in the English judiciary by 2015. Gender parity means “that there should be no fewer than 40 per cent and no more than 60 per cent of women and men from diverse backgrounds at all levels of the judiciary. ” You can see Erika Rackley’s related discussion of recent appointments to the UK Supreme Court here. The initiative is of huge… [read post]
3 Nov 2010, 5:00 am
This morning at 9:00 a.m., the Supreme Court will hear oral argument in in Kwikset Corp. v. Superior Court (Benson), no. S171845, in which the issue on revivew is as follows:
Does a plaintiff's allegation that he purchased a product in reliance on the product label's misrepresentation about a characteristic of the product satisfy the requirement for standing under the Unfair Competition Law (Bus. & Prof. Code, section 17200 et seq.) that the plaintiff allege a loss of money or property, or is such… [read post]
31 Dec 2009, 12:27 pm
On December 21, 2009, I embarked upon identifying the top 10 patent stories of the decade, which ends as we usher in the new year. The Top 10 Part 1 identified what I thought were in the bottom half of the top 10, and while any top 10 list is sure to be at least [...] [read post]
5 May 2010, 11:53 am
Image via Wikipedia The Alabama Rules of Appellate Procedure are now available on this website. The version of the rules posted is current through the most recent amendments that went into effect on February 1, 2009. Posting the Rules of Appellate Procedure to our website is part of our effort to increase public access to [...] [read post]
7 Oct 2011, 5:08 am
In honor of Constitution Day (September 17, 2011), the Law Library of Congress was pleased to host Dahlia Lithwick speaking on the topic of "The Supreme Court and Free Speech." The event was held on Friday, September 16, 2011, at 4 p.m. in the Madison Hall at the Library of Congress James Madison Memorial Building. Lithwick's entertaining and insightful lecture explored the implications of the U.S. Supreme Court's conflicts over free speech issues and how the press and the public contribute to the… [read post]
11 Mar 2013, 9:44 am
Balancing a guitar & hula hoop at the Pike Place market in Seattle (Photo credit: Wikipedia)
The recent BC Supreme Court decision in Ruloff Capital Corporation v. Hula, 2013 BCSC 322 (CanLII) poses the following question on forum non conveniens and parallel proceedings:
[65] Does a finding that one party can acquire representation in another jurisdiction, coupled with the fact that the other jurisdiction, for reasons not articulated, has accepted… [read post]
28 Jun 2012, 5:01 am
The Supreme Court is expected to issue its much-anticipated ruling on health care reform @ 10:00 a.m. Eastern TODAY.
Yesterday, we asked you to gaze into your crystal ball and predict what will happen. After 178 votes, here are the results:
Uphold it 100% (19%)
Strike only the individual mandate (18%)
Strike several pieces but uphold it (45%)
Reject it 100% (14%)
None of the above (4%)
The overwhelming majority of you (82%) feel that the law will stay afloat in some fashion. Finishing in first… [read post]
7 Oct 2012, 10:00 am
The Supreme Court reheard arguments in Koibel v. Royal Dutch Shell this past week. I discussed this case on this blog back in February. The issue before the court now is whether the alien tort statute can be used when the parties and the case have no connection to the United States. http://www.npr.org/2012/10/01/162110683/high-court-takes-up-human-rights-on-first-day-backPrevious Posts on the Alien Tort… [read post]
30 Nov 2009, 9:17 pm
The Supreme Court heard argument today in the securities class action case, Merck & Co., Inc. v. Reynolds, No. 08-905 (U.S.). The case involves allegations that the defendant defrauded investors by making false statements about the health risks associated with the drug Vioxx. The issue in the case, courtesy of SCOTUS Wiki, is
Whether under the “inquiry notice” standard applicable to federal securities fraud claims, the statute of limitations does not begin to run until an investor… [read post]
28 Jun 2012, 7:14 am
Hot off the presses …
A few moments ago, a divided (5-4) Supreme Court upheld the health care reform law.
Here are the highlights (in our standard 100 words or less):
Individual Mandate Survives
The individual mandate survived as a “tax.” Because that piece was deemed lawful, the Court didn’t need to address the constitutionality of the other major parts of the law.
One Minor Quibble
The only piece of the law the Court questioned was a provision requiring states to comply with the new… [read post]
3 Mar 2010, 12:59 pm
I’m sure some patent litigators will blanch at what I’m suggesting about telling the “story” behind the invention in a patent application because of all the supposed “admissions” that will be made. But most patent litigators haven’t had to endure the frustration we patent prosecutors experience when try to get a “silk purse patent” based on a “sow’s ear description” because there’s no “story” told in the patent application about why the invention is patentable. Also,… [read post]
21 Apr 2010, 7:15 am
The United States Supreme Court recently held that an attorney's duty to provide effective assistance of counsel includes the responsibility of providing accurate advice about the immigration consequences of a guilty plea. Providing incorrect legal advice to an immigrant about the deportation consequences of a guilty plea to drug trafficking charges constitutes ineffective assistance of counsel, and can serve as grounds for setting aside a guilty plea. In Alabama, such a petition would be raised… [read post]
23 Feb 2013, 7:22 am
The Illinois Supreme Court is the latest to get in the “Help Stop Foreclosures” game… which by the way can also be played at home… is no fun for the whole family and makes for lovely graft. (Hey, if that didn’t make you laugh, you should go lie down.)
The new rules are are the result of public hearings and 21 months of work by the “Special Supreme Court Committee on Mortgage Foreclosures,” which was the brian child of Justice Mary Jane… [read post]
20 Dec 2011, 11:45 am
Mr. Boyer has been admitted to the United States Supreme Court.
The Supreme Court of the United States is the highest court in the United States. It has ultimate appellate jurisdiction over all state and federal courts, and original jurisdiction over a small range of cases. The United States Supreme Court meets in Washington, D.C., and consists of a chief justice and eight associate justices who are nominated by the President and confirmed by the Senate. Once appointed, justices have life tenure… [read post]
26 Oct 2010, 5:00 am
The Supreme Court has posted online copies of the briefs in Kwikset Corp. v. Superior Court (Benson), no. S171845, which is scheduled for oral argument in San Francisco on Wednesday, November 3, 2010 at 9:00 a.m.:
S171845 - KWIKSET CORPORATION v. S.C. (BENSON)
Real Parties' in Interest Petition for Review
Petitioners' Answer to Petition for Review
Real Parties' in Interest Reply to Answer to Petition for Review
Real Parties' in Interest Opening Brief on the Merits
Petitioners' Answer Brief on… [read post]
25 Mar 2011, 1:01 pm
The United States Supreme Court will hold oral argument next Tuesday, March 29, 2011, in case of Wal-mart v. Dukes, No. 10-277. The issue for review, at least so far, according to order granting certiorari, is:
Whether claims for monetary relief can be certified under Federal Rule of Civil Procedure 23(b)(2) – which by its terms is limited to injunctive or corresponding declaratory relief – and, if so, under what circumstances.
Hopefully, questions posed by the justices during the argument… [read post]
15 May 2010, 8:53 pm
Further to my previous posts on this topic, if a Plaintiff successfully sues in the BC Supreme Court but receives damages below $25,000 they may be deprived of their court ‘costs’ unless they had ’sufficient reason’ for choosing the Supreme Court over small claims court.
Two judgements were released this week by the BC Supreme Court discussing this area of law. In this weeks cases (Spencer v. Popham and Spencer v. Horton) the Plaintiff was involved in 2 separate BC car crashes. She… [read post]
3 Apr 2012, 7:05 pm
Unfortunately this unspecific remand by the Supreme Court in AMP vacates as well the two-to-one ruling by this same Federal Circuit panel (Judges Lourie and Moore in the majority, Judge Bryson in dissent) that the claimed isolated DNA sequences were also patent-eligible under 35 U.S.C. § 101. What, pray tell, does Mayo Collaborative Services change with regard to that ruling in the original AMP decision? For those, like the plaintiffs in AMP (including the ACLU), who would like to upset this… [read post]