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15 Oct 2020, 9:15 am by IPWatchdog
Last week, the United States Court of Appeals for the Third Circuit affirmed a decision of the district court that granted summary judgment to Lotte International America Corp. because Ezaki Glico’s cookie design was functional and not entitled to trade dress protection in Kaisha v. [read post]
12 May 2008, 3:38 am
United States [LII case backgrounder] that allowing a magistrate judge to oversee jury selection does not deprive a criminal defendant of the right to a jury trial and complies with the Federal Magistrates Act [text]. [read post]
21 Feb 2018, 9:26 am by Kenneth Hall
United States [SCOTUSblog materials] that a guilty plea does not, by itself, bar a federal criminal defendant from challenging the constitutionality of his statute of conviction on direct appeal. [read post]
8 Apr 2009, 12:24 pm
United States No. 07-10441 In vacating and remanding a 3rd Circuit decision, the U.S. [read post]
31 Mar 2013, 10:19 pm by Irina Tarsis
Artistic and legal minds want to know "Does the California Resale Right Act  (the "Act") violate the Commerce Clause of the United States Constitution, U.S. [read post]
24 Jan 2011, 5:33 pm by Ryan Sanada
The United States Supreme Court just issued a landmark decision in a case called Thompson v. [read post]
12 Aug 2019, 11:12 am by anbrandon
United States today, the Sixth Circuit holds that Missouri third-degree assault does not require the requisite level of force to be considered a violent felony under the Armed Career Criminal Act. [read post]
23 Feb 2023, 6:36 am
On February 22, 2023, the United States Supreme Court issued its opinion in Helix Energy Solutions Group, Inc. v. [read post]
9 Jun 2009, 5:10 pm
Smokes-Spirits.com, Inc., No. 92 The Court of Appeals answered the following certified questions from the United States Court of Appeals for the Second Circuit in the negative: 1) Does New York City have standing to assert its claims under General Business Law section 349? [read post]
2 Jul 2024, 7:40 am by Rick Hasen
United States case, does an official act clearly within the power of the president to undertake become an “unofficial act” not subject to immunity if the President uses what would be… Continue reading The post The Supreme Court’s Irresponsible Murkiness Over Whether the President Could Remove His Attorney General by Poisoning Him in the New Trump Immunity Case appeared first on Election Law Blog. [read post]
13 Jan 2009, 3:27 am
United States [Cornell LII backgrounder; JURIST report] that failure to report to prison does not constitute a "violent felony" for purposes of sentence enhancement under the Armed Career Criminals Act (ACCA) [18 USC § 924(e), text]. [read post]
19 Oct 2011, 3:00 pm
In 1999, the Supreme Count of the United State held that a guilty plea does not waive the self-incrimination privilege at sentencing in a case called Mitchell v. [read post]