Search for: "Elena Kagan"
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21 Jun 2023, 1:57 pm
Writing for the Court, Justice Elena Kagan reasoned that based on the structure of the qui tam provision in the False Claims Act, the United States could only move to dismiss a case if it is a party, and that the Government must, therefore, first intervene in the qui tam suit before moving to dismiss it. [read post]
18 Jun 2023, 9:01 pm
Given the relatively arcane subject matter, Justice Elena Kagan wrote a delightfully lively majority opinion in Polansky parsing the various provisions and sub-provisions of the FCA to conclude that the government’s dismissal motion was timely after all and should be evaluated under Federal Rule of Civil Procedure 41, just like a comparable non-qui-tam motion for voluntary dismissal.Justice Clarence Thomas was the lone dissenter. [read post]
18 Jun 2023, 2:12 pm
Justice Elena Kagan, writing for the majority, pointed out the unique nature of the statute, saying: The statute is unusual in authorizing private parties—known as relators—to sue on the Government’s behalf. [read post]
17 Jun 2023, 3:45 am
Little and Rosen argue the Court’s final opinion, written by Justice Elena Kagan, did not explore the intersection of trademark law and humorous expression. [read post]
16 Jun 2023, 12:04 pm
Justice Elena Kagan, who authored the majority opinion, suggested the Bad Spaniels dog toy was obviously a commercial product and said “[t]hat’s not a First Amendment problem. [read post]
16 Jun 2023, 11:54 am
Justice Elena Kagan, who authored the majority opinion, suggested the Bad Spaniels dog toy was obviously a commercial product and said “[t]hat’s not a First Amendment problem. [read post]
16 Jun 2023, 11:47 am
Justice Elena Kagan, writing for the eight-justice majority, agreed with Polansky on the first issue – requiring the government to intervene before seeking dismissal. [read post]
16 Jun 2023, 11:46 am
Justice Elena Kagan, who authored the majority opinion, suggested the Bad Spaniels dog toy was obviously a commercial product and said “[t]hat’s not a First Amendment problem. [read post]
16 Jun 2023, 7:03 am
Justice Elena Kagan delivered the opinion of the Court [link to opinion not functioning at time of posting] in United States ex rel. [read post]
15 Jun 2023, 12:27 pm
Justice Amy Coney Barrett wrote for the majority, in a 34-page opinion joined by Chief Justice John Roberts and Justices Sonia Sotomayor, Elena Kagan, Neil Gorsuch, Brett Kavanaugh, and Ketanji Brown Jackson. [read post]
13 Jun 2023, 5:51 am
Justice Elena Kagan wrote the opinion, holding that VIP Products’ sale of a dog chew toy in the shape of a Jack Daniel’s bottle, which also has a label replacing “Jack Daniel’s” with “Bad Spaniels” and other parodying of the Jack Daniel’s label in a manner referring to dog defecation, was not sufficiently protected under the First Amendment to avoid liability for trademark infringement or dilution. [read post]
11 Jun 2023, 6:37 pm
Justice Elena Kagan once stated, when referring to the justices on the Court, that “we are all originalists. [read post]
10 Jun 2023, 4:59 am
After the decision, the late Justice Ruth Bader Ginsburg noted that, if Justice Elena Kagan had not recused herself, it would have been 5-3 and “that’s about as solid as you can get. [read post]
9 Jun 2023, 8:20 am
Kagan’s treatment of the dispute flows directly from that foundation. [read post]
9 Jun 2023, 8:00 am
In a 9-0 opinion drafted by Justice Elena Kagan, the Supreme Court reversed the 9th Circuit’s holding. [read post]
8 Jun 2023, 11:48 am
Justice Elena Kagan is next with the unanimous opinion in Jack Daniel’s Properties v. [read post]
8 Jun 2023, 10:33 am
Justice Elena Kagan dissented from the decision to block the lower court’s decision, in a 12-page opinion joined by Justices Stephen Breyer and Sonia Sotomayor. [read post]
8 Jun 2023, 8:36 am
Kavanaugh and the court’s three liberal members, Justices Sonia Sotomayor, Elena Kagan and Ketanji Brown Jackson. [read post]
8 Jun 2023, 7:06 am
Justice Elena Kagan delivered the opinion for a unanimous Court in Jack Daniel’s Properties, Inc. v. [read post]
8 Jun 2023, 6:49 am
” Following up on a question by the Chief Justice, Justice Elena Kagan asked if that statement in the brief is meant to guard against “bad faith” or other forms of abuse, which the Assistant Solicitor General answered it does. [read post]
