Posts tagged with: "supreme+court"
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31 Oct 2013, 11:30 am by pgbarnes
United States: The leader of the federal court system of the world’s greatest democracy, the U.S. Supreme Court, refuses to allow its proceedings to be televised.  Television is an archaic technology that dates back to the 1920s. . Refusing to be televised is akin to insisting in 1440 that the bible be penned by monks […] [read post]
22 Mar 2012, 7:03 am by McNabb Associates, P.C.
The Washington Post on March 21, 2012 released the following: "By Robert Barnes A divided Supreme Court ruled for the first time Wednesday that the guarantee of effective legal representation applies to plea bargain agreements, significantly expanding the constitutional rights of defendants as they move through the criminal justice system. In a pair of cases decided by 5 to 4 votes, the court opened a new avenue for defendants to challenge their sentences on grounds that their attorneys gave them… [read post]
11 Mar 2013, 9:44 am by Antonin I. Pribetic
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]
16 Feb 2011, 11:39 am by William L. Pfeifer, Jr.
There are a number of mistakes trial lawyers make when they venture into Alabama appellate law practice, some of which were covered in our last post on Should Trial Lawyers Handle Their Own Appeals. In that post, we discussed some of the observations made by appellate court judges on why trial lawyers may want to think [...] [read post]
27 Jun 2012, 3:25 am by Mark Toth
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]
5 Jan 2010, 3:45 pm by Gene Quinn
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]
31 Dec 2009, 12:27 pm by Gene Quinn
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]
7 Oct 2011, 5:08 am by Christine Sellers
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]
3 Nov 2010, 5:00 am by Kimberly A. Kralowec
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]
1 Apr 2011, 6:20 am by Máiréad Enright
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]
5 May 2010, 11:53 am by William L. Pfeifer, Jr.
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]
23 Feb 2013, 7:22 am by Mandelman
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]
7 Oct 2012, 10:00 am by Kurt T. Koehler
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. Posts on the Alien Tort… [read post]
28 Jun 2012, 5:01 am by Mark Toth
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 Nov 2013, 4:45 am by Gene Quinn
Today, after several years of substantial turmoil, patent eligibility in a variety of economically significant technologies is extremely uncertain, including software, natural products, medical diagnostics and personalized medicine. It is with great irony that one of the few things we know with any degree of certainty is that business methods are patent eligible… If you haven't noticed, overwhelming portions of the U.S. economy are tied to the biotechnology and software sectors. Are we about… [read post]
28 Jun 2012, 7:14 am by Mark Toth
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]
30 Nov 2009, 9:17 pm by Paul Karlsgodt
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]
3 Mar 2010, 12:59 pm by Eric Guttag
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]
17 Feb 2014, 6:10 am by Henry Sneath
By: Henry Sneath, Chair of the Intellectual Property practice at Picadio Sneath Miller & Norton, P.C. or 412-288-4013 The US Supreme Court has a very busy IP docket in the next few months. Close watchers of the court predict a continuing focus on IP cases. Our friends at AIPLA provide a nice summary of the oral argument schedule of IP cases through April. We will follow these cases and post any important decisions. See AIPLA link below:… [read post]
21 Apr 2010, 7:15 am by William L. Pfeifer, Jr.
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]