Appearing far from the frail image of Pauline Newman painted by recent public discourse, the 95-year-old judge on the U.S. Court of Appeals for the Federal Circuit took the stage at a recent vaccine law conference in Washington D.C. As reported by Reuters, Newman urged more scrutiny into how patent law could affect the development…
In an interesting development in the financial world, Grayscale Investments, LLC reported a provisional win in their bid for a spot Bitcoin ETP. Decided on August 29, 2023, a three-judge panel from the District of Columbia Circuit Court of Appeals has ruled in favor of Grayscale against an order from the Securities and Exchange Commission…
In legal discourse, one aspect which must be prioritized in today’s COVID-19 era, is the question of custody rights and what remedies are accessible. With the pandemic throttling the Pennsylvania judicial system, a significant drop in the dispensation of legal cases have occurred in comparison to the Superior Court’s pre-COVID-19 paced dispatching of 7,500-8,000 filings…
The trusted legal reporting institution that is SCOTUSblog consistently offers a comprehensive, curated compilation of all Supreme Court-related news and commentary every week. The list for Monday, September 18, 2023 was recently published. The SCOTUSblog team has put together a collection of noteworthy items ranging from news articles, relevant commentary, to critical and relevant links,…
The Supreme Court of India declared on Wednesday that courts should not arrive at differing decisions for two or more criminal defendants if the evidence against them is nearly identical. This observation was made by a bench comprising of Justices Abhay S. Oka and Sanjay Karol in the case of Javed Shaukat Ali Qureshi vs…
The Ohio State Bar Association (OSBA) recently highlighted a series of important cases in the sales and use tax law. These cases, while technologically and legally intricate, underscores the increasing importance of proper comprehension and application of legal principles in this rapidly changing field. In one significant recent case, Stingray Pressure Pumping, LLC v. Harris,…
Engagements often symbolize a binding agreement or a contract of marriage between two parties. However, engagements do not always result in weddings, with around 20% of them being called off. This scenario raises a common and pertinent question: Who gets to keep the engagement ring? This question has fuelled numerous legal debates, largely because the…
In an important precedent unfolding in the United States legal landscape, the U.S. Court of Appeals for the First Circuit recently issued a noteworthy decision regarding the Fair Labor Standards Act’s (FLSA) administrative exemption. The matter in question is Marcus v. American Contract Bridge League, which was delivered on August 14, 2023. For the unversed,…
The U.S. Supreme Court issued a temporary stay on a lower court ruling last Thursday that significantly constricted the Biden administration’s ability to persuade social media platforms to remove content it classifies as misleading, thus briefly halting a preliminary injunction implemented on the administration by a federal court in Louisiana in July. The court’s orders…
In a significant development, the United States Court of Appeals for the Second Circuit reinforced the Kirschner v. JP Morgan Chase Bank, N.A. ruling from 2020, stating that a $1.775 billion syndicated term loan granted to Millennium Laboratories LLC (Millennium) does not qualify as a security. This recent affirmation adopts a fact-specific analysis to arrive…
In a notable shift from traditional procedure, the Sixth Circuit Court of Appeals recently outlined a new set of guidelines which district courts should adhere to when deciding whether to greenlight notice in Fair Labor Standards Act (FLSA) cases. This new approach was first adopted in the case of Clark v. A&L Homecare & Training…
In a recent Massachusetts appeals court case addressing the question of who maintains ownership of an engagement ring after a broken engagement, the presiding judge cited a precedent almost 64 years old. In De Cicco v. Barker the Massachusetts Supreme Judicial Court declared an engagement ring to be of the “nature of a pledge, given…
In a recent shift in the North Carolina legal landscape, the Court of Appeals underscored the essential nature of correctly recording lease terms and renewal options. The case in question centers around North Carolina’s Connor Act (N.C. Gen. Stat. § 47-18), a law under which North Carolina operates as a “pure race” system. Within this…
The latest decisive move by the Fifth Circuit in the Federal Court of Appeals has spurred significant discussion among employers across Louisiana, Texas, and Mississippi. This regarded court, known for its conservative stance and employer-friendly positions, swerved from tradition in a recent Title VII claims case – Hamilton v. Dallas County. In an unexpected ruling,…
In a developing story in employment and labor law, particularly concerning Sunday premium pay, a recent judgment in Massachusetts Appeals Court has significantly impacted beauty and massage spas. Specifically, the case, Chapoteau, et al. v. Bella Sante, Inc., et al., has determined that spa operators have an obligation to pay their employees premium rates for…
In a recent edition of the National Law Journal’s Bench Report, Judge Guido Calabresi of the U.S. Court of Appeals for the Second Circuit shared some personal insights from his time working as a clerk for former U.S. Supreme Court Justice Hugo Black. Besides reflecting on his own experiences and professional development gleaned from this…
The U.S. Court of Appeals for the Sixth Circuit issued a reversal order on a prior decision that denied a preliminary injunction to Catholic Healthcare, a religious organization. The case was centered around a dispute with a Michigan township over Catholic Healthcare’s desire to feature religious displays on its prayer trail. The earlier ruling had…
The U.S. Court of Appeals for the Third Circuit recently upheld the rejection of a trademark application from PIM Brands, a candymaker who created Sour Jack Wedges, asserting that a confectioner cannot obstruct its competitors from producing candy similar in appearance to a watermelon. The Sour Jack Wedges, which debuted two decades ago, mirror the…
The Fourth District Court of Appeals recently made a noteworthy ruling regarding the compliance thresholds of a pre-suit demand letter in the case of Chris Thompson, P.A. a/a/o Elmude Cadau v. Geico Indemnity Co., Nos. 4D21-1820 and 4D21-2310 (47 Fla. L. Weekly D 1588). The controversy involved an appeal by Chris Thompson, P.A. (Thompson) subsequent…
In an ongoing dispute over content regulation on social media platforms, the Biden administration last Thursday made an appeal to the Supreme Court. The administration is seeking a temporary block of a lower court’s order which, they claim, limits its ability to converse with social media companies regarding their moderation policies. The appeal was first…
In a recent ruling, the U.S Court of Appeals for the Federal Circuit reaffirmed its stance that amendments to claims during an inter partes review (IPR) proceeding should not broaden the claim’s scope in any regard, in comparison to the original claims. This rule holds true even if the new claim is generally narrower than…
In a recent decision that could have significant implications for antitrust lawsuits, the U.S. Court of Appeals for the Third Circuit dismissed an appeal for a new trial presented by supermarket chain Winn-Dixie against the Eastern Mushroom Marketing Cooperative (EMMC). Winn-Dixie had alleged that EMMC, its individual mushroom farmer members, and certain downstream distributors conspired…
In a recent development in the art world, a case in the Second Circuit has reignited the debate around the intersection of intellectual property rights and contentious artwork. The heart of the controversy is whether or not an artist’s rights under the 1990 Visual Artists Rights Act (VARA) are violated when a contentious piece of…
In an unexpected turn of events, the U.S. Court of Appeals for the D.C. Circuit issued a significant ruling against the Securities and Exchange Commission (SEC) on August 29, 2023. The court held that the SEC had acted “arbitrarily and capriciously” when it disapproved the listing of Grayscale Investments, LLC’s proposed spot bitcoin exchange-traded product…
In a unanimous en banc judgment, the Eleventh U.S. Circuit Court of Appeals reversed its previous jurisprudence, holding that the receipt of a solitary text message is enough grounds to establish Article III standing in respect to a Telephone Consumer Protection Act (TCPA) lawsuit. This compelling development was reported by Manatt, Phelps & Phillips, LLP….