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16 Jun 2023, 12:04 pm by Ted Max
 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 by Ted Max
 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 by Jacob T. Elberg
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 by Ted Max
 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 by Howard Bashman
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 by Amy Howe
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 by Laura Winston, Esq.
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 by Adam Lamparello
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 by jonathanturley
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 by Ronald Mann
Kagan’s treatment of the dispute flows directly from that foundation. [read post]
9 Jun 2023, 8:00 am by Devin Ricci
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 by Mark Walsh
Justice Elena Kagan is next with the unanimous opinion in Jack Daniel’s Properties v. [read post]
8 Jun 2023, 10:33 am by Amy Howe
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 by Howard Bashman
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 by Andrew Weissmann
” 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]
7 Jun 2023, 1:35 pm by Amy Howe
Justice Elena Kagan was one of the most frequent travelers on the court, speaking in New York City, Chicago, Connecticut, Rhode Island, Toronto, and Philadelphia. [read post]
6 Jun 2023, 8:29 am by Paul R. Recupero
” Justice Elena Kagan spoke to this concern in her concurrence, stating: “in ordinary language, one thing is adjacent to another not only when it is touching, but also when it is nearby. [read post]
6 Jun 2023, 8:29 am by Paul R. Recupero
” Justice Elena Kagan spoke to this concern in her concurrence, stating: “in ordinary language, one thing is adjacent to another not only when it is touching, but also when it is nearby. [read post]