Supreme Court

The Supreme Court of the United States (first abbreviated as SCOTUS in 1879) was established pursuant to Article III of the United States Constitution in 1789 as the highest federal court in the United States. It has ultimate (and largely discretionary) appellate jurisdiction over all federal courts and over state court cases involving issues of federal law, plus original jurisdiction over a small range of cases. In the legal system of the United States, the Supreme Court is the final interpreter of federal constitutional law, although it may only act within the context of a case in which it has jurisdiction.
Posts about Supreme Court
    • B&I Partners Offer Webinar on Factor Presence Tax Nexus

      On September, 27, 2017, partners Martin Eisenstein and Matthew Schaefer co–led a webinar for Strafford Publications on “Factor Presence Nexus for State and Local Taxes: Meeting the Challenges of Developing State Standards.” The webinar provided corporate tax advisers with guidance on attempts by many states to enforce so–called “factor presence nexus” on nonresident corporate ...

      Brann & Isaacson- 19 readers -
  • The 90-Day Foreclosure Letter: Proving Service

    … In a continuing effort to minimize homestead foreclosures in the Empire State, New York Real Property Actions and Proceedings Law (RPAPL) Section 13041 requires notice be sent to the mortgagor at least 90 days before a foreclosure action is commenced against the borrower. This provision applies no matter the type or balance of the loan…

    Ronald D. Weiss, PC- 18 readers -
  • Spokeo Speaks — Again

    … In Robins v. Spokeo, Inc., a case that made its way up to the U.S. Supreme Court and back again, the U.S. Court of Appeals for Ninth Circuit has allowed a case to go forward on the slenderest thread of alleged “harm,” despite the U.S. Supreme Court’s admonition that a concrete injury must alleged. Spokeo: Background Spokeo publishes online…

    Brann & Isaacson- 11 readers -
  • Oil States Versus The Administrative State

    … The Supreme Court has now heard from the petitioner in Oil States Energy Services, LLC v. Greene’s Energy Group, LLC. At issue is not only the fate of inter partes review of patents by the Patent Trial and Appeal Board, but possibly the ability of administrative agencies to review and retract their own erroneous decisions. The question…

    David Swetnam Burland/ Brann & Isaacson- 15 readers -
  • B&I Partners Assist Microsoft In Ending Patent Case

    … Partners Stacy Stitham and Peter Brann, acting as local counsel, assisted Microsoft in obtaining a dismissal with prejudice of a patent lawsuit filed in the District of Maine. While the federal lawsuit was pending, Microsoft invalidated the patent in the Patent and Trademark Office (PTO), which was then affirmed on appeal. The plaintiff sought…

    Brann & Isaacson- 11 readers -
  • Understanding the Exceptional Trademark Case

    … The buzz in the (IP) blogosphere this week relates to Romag Fasteners v. Fossil, Inc., in which the Federal Circuit joined the Third, Fourth, Fifth, Sixth, and Ninth Circuits in concluding that fee recovery under the Lanham Act follows the standards of the Supreme Court’s decision in Octane Fitness. Translation: The same standard governing…

    Stacy Stitham/ Brann & Isaacson- 12 readers -
  • Former Prices: The Latest Class Action Trap In Sales Promotions

    … traction in one court or another, and then the floodgates open. A good example of this occurred in the aftermath of the Supreme Court of California’s decision in Pineda v. Williams-Sonoma Stores, Inc., as I’ve discussed in previous blog posts here and here. Now, we’re seeing growing influx of class action lawsuits arising out of discount and sales…

    Brann & Isaacson- 12 readers -
  • Skepticism from the Heartland

    … Last week we reported on the initial efforts to apply the Supreme Court’s opinion in TC Heartland, with particular interest in what impact that case may end up having on the business of patent litigation in the Eastern District of Texas. As we noted, on first read, TC Heartland seemed to herald the end of the kind of forum–shopping that enabled…

    Stacy Stitham/ Brann & Isaacson- 11 readers -
  • IBM collective action waivers and private arbitration

    … Is IBM ingenious or has it shot itself in the head? Time and the Supreme Court will soon tell. As those following IBM’s force reductions over the last few years already know, IBM stopped asking its terminated older workers for releases of their federal age discrimination claims in 2014. By not asking for federal age waivers, IBM placed itself…

    Lamberton Law Firm, LLC- 9 readers -
  • Texas Welcomes TC Heartland

    … What does the Supreme Court opinion in TC Heartland mean for the business of patent litigation in Texas—particularly the Eastern District of Texas? On first read, TC Heartland seemed to herald the end of the kind of forum–shopping that enabled the Eastern District of Texas to land 40% of all newly filed patent cases. The courts have now begun…

    David Swetnam Burland/ Brann & Isaacson- 12 readers -
  • Supreme Court’s Federal Circuit Reversal Streak Continues

    … The 2016 Term of the Supreme Court has not been kind to the Federal Circuit Court of Appeals, the specialized appellate court that handles all patent appeals. In each of the six patent cases from the Federal Circuit decided by the Supreme Court, reversal was the result. Specifically, the high court: Reversed the Federal Circuit on the proper…

    David Swetnam Burland/ Brann & Isaacson- 17 readers -
  • Training Costs: Business Risks and Benefits

    … in the contract whereby the employee authorizes the employer to deduct the entire amount of the training costs, or a portion of the training costs, from her final pay. An example of such a clause is found in the 2016 BC Supreme Court case of Wildcat Helicopters Inc. v. Ellis where the employment contract included a “training bond” whereby the employee…

    Wendy Woloshyn/ kentemploymentlaw.com- 12 readers -
  • Midland vs. Johnson

    … An opinion was issued by the Supreme Court of the United States last week in a case that bankruptcy lawyers, trustees and judges had been anxiously following. The question was whether the act of a creditor filing a ‘stale’ proof of claim in a Chapter 13 bankruptcy violated the Fair Debt Collection Practices Act (FDCPA). A ‘stale’ claim means…

    Dove Bankruptcy Law- 15 readers -
  • Explaining Grand Juries and How They Work

    … allowed to contest. If you’re indicted for a criminal offense, you aren’t entitled under the Constitution to argue the grand jury’s probable cause finding. In Kaley v. United States, a defendant challenged the legality of a pretrial order to freeze assets by challenging the grand jury’s True Bill result. The Supreme Court determined…

    The Law Office of Matthew D. Sharp- 14 readers -
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