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Service: Appellate and Critical Motions
May 15, 2013 Briefing U.S. Supreme Court Holds Patent Exhaustion Does Not Permit a Farmer to Reproduce Patented Seeds Through Planting and Harvesting Without the Patent Holder’s Permission
In a case of significance for patent holders and the agricultural industry, the U.S. Supreme Court unanimously held on May 13, 2013 that the doctrine of patent exhaustion does not permit a farmer to make copies of patented soybean seeds after purchasing them in the marketplace.
April 24, 2013 Briefing U.S. Supreme Court Holds That FLSA Collective Action May Be Mooted By Full Offer of Judgment
On April 16, a divided United States Supreme Court ruled that an employee who filed a Fair Labor Standards Act case could not pursue a proposed collective action after she received an offer that would have given her full relief. Genesis HealthCare Corp. v. Symczyk, No. 11-1059 (Apr. 16, 2013).
April 2, 2013 Briefing U.S. Supreme Court Holds That Individual Damages Issues May Preclude Class Certification
For years now, some courts have been willing to allow class actions to proceed in the face of individualized damages issues, on the theory that those issues can be worked out later, in a separate damages proceeding.
April 1, 2013 Briefing High Court Ruling for EPA Offers Notable Critique of Deference Doctrine
The biggest news for regulated entities awaiting the U.S. Supreme Court’s recent decision in Decker v. Northwest Environmental Defense Center, No. 11-338 (Mar. 20, 2013), came not from the majority opinion, but from three justices who wrote separately to question the judicial deference to agency regulatory interpretations the majority opinion applies.
March 21, 2013 Briefing U.S. Supreme Court Holds “First Sale” Doctrine Applies to Copyrighted Works Lawfully Made and Sold Abroad
In a case with broad implications for music and publishing, the U.S. Supreme Court has held that a work lawfully produced and sold overseas can be resold in the U.S. without infringing U.S. copyright protections.
March 21, 2013 Briefing U.S. Supreme Court Holds that Plaintiffs May Not Circumvent CAFA’s Clear Purpose by Creative Pleading
Earlier this week, the U.S. Supreme Court issued a significant decision that signals that the Class Action Fairness Act should be given its full reach. In Standard Fire Insurance Company v. Knowles, 11-1450, the Court held that a putative class representative could not avoid federal jurisdiction by stipulating that the class will not seek damages exceeding CAFA’s $5 million jurisdictional threshold.
March 6, 2013 Briefing Supreme Court holds that certification of securities class actions may rest on allegations—rather than proof—of materiality.
In several recent cases, the Supreme Court has examined a fundamental question relating to class actions: To what degree should the class certification decision examine the merits of the claims?
March 4, 2013 Article Klein Conspiracies In The Wake Of US V. Coplan
Firm Authors: Jeffrey J. Amato, Seth C. Farber
February 26, 2013 Briefing Supreme Court Argument Alert: Bowman v. Monsanto Co.
The Supreme Court heard oral argument on February 19, 2013 in Bowman v. Monsanto Co., a case that considers how the doctrine of “patent exhaustion” applies to inventions involving self-replicating technologies.
February 25, 2013 Briefing Supreme Court Holds That Malpractice Claims Against Patent Lawyers Generally Belong in State Court
In Gunn v. Minton, a unanimous Supreme Court held that the federal courts do not have federal question jurisdiction over legal malpractice cases against patent lawyers, even when federal patent law issues are involved. As a result, unless there is diversity, such cases can only be heard by state courts.
November 27, 2012 Briefing U.S. Supreme Court Holds That Arbitrators Decide the Validity of Noncompetition Clauses Under Valid Arbitration Agreements
The U.S. Supreme Court has once again dealt a decisive blow to a state court’s effort to resist a valid arbitration agreement.
June 25, 2012 Briefing Supreme Court Holds That the Government Must Prove Beyond a Reasonable Doubt to a Jury Any Fact That Increases the Maximum Available Criminal Fine
In Southern Union Co. v. United States, the Supreme Court held that the rule it had established in Apprendi v. New Jersey – that the Sixth Amendment’s jury trial guarantee requires that any fact (other than of a prior conviction) that increases the maximum punishment for a particular crime must be proven to a jury beyond a reasonable doubt – applies to the imposition of criminal fines as well as to imprisonment
April 18, 2012 Briefing U.S. Supreme Court Unanimously Upholds Generic Drug Makers’ Right to Correct Inaccurate Brand Patent Descriptions
In its first-ever case construing the Hatch-Waxman Act’s provisions governing competition between generic and brand-name drug makers, the United States Supreme Court on Tuesday handed a major victory to the generic drug industry.
April 2, 2012 Briefing Supreme Court Reverses Decision Affecting Period of Eligibility for Short-swing Profit Rule Lawsuits
In a ruling likely to reassure public company officers and directors everywhere, the Supreme Court has reversed a Ninth Circuit ruling that threatened to extend indefinitely the two-year period in which corporate insiders may be sued under the “short-swing profits rule” of § 16(b) of the Securities Exchange Act.
April 2012 Article The supervisory authority of the Supreme Court of Illinois: A powerful tool for the court and practitioner alike
Firm Authors: Matthew R. Carter
January 13, 2012 Briefing Supreme Court Reaffirms Congress’s Strong Federal Policy Favoring Arbitration
The Supreme Court has demonstrated once again that it is serious about enforcing arbitration agreements. In CompuCredit Corp. v. Greenwood, 10-948, the Court held that pre-dispute agreements to arbitrate claims under the Credit Repair Organizations Act (CROA) are valid and enforceable.
July 8, 2011 Briefing U.S. Supreme Court Issues Decision Concerning Liability for Global Warming
In an 8-0 decision, the Supreme Court recently foreclosed the possibility of plaintiffs bringing federal common law public nuisance claims against those who allegedly contribute to global warming by emitting carbon dioxide.
July 7, 2011 Briefing Twin Supreme Court Decisions Clarify Long-Debated Limits of Personal Jurisdiction Over Corporate Defendants
In the last week of its Term, the Supreme Court revisited the thorny question of when courts may exercise jurisdiction over corporate defendants.
June 30, 2011 Briefing Generic Drug Manufacturers Obtain a Significant Victory in Supreme Court Preemption Cases
Firm Authors: William P. Ferranti, Steffen N. Johnson
In a major victory for generic drug manufacturers, the U.S. Supreme Court ruled 5-4 last week that federal law directly conflicts with, and therefore preempts, state-law failure-to-warn claims against manufacturers of generic drug products.
June 21, 2011 Briefing U.S. Supreme Court Reverses Order Certifying Class of 1.5 Million Wal-Mart Employees
Yesterday, the U.S. Supreme Court reversed the Ninth Circuit’s decision affirming certification of a class action comprising some 1.5 million current and former female Wal-Mart employees seeking injunctive relief and backpay.
June 21, 2011 Briefing Supreme Court Rejects Petition Clause Claims of Public Employee Who Alleged Retaliation
On June 20, the Supreme Court ruled (8-1) that a government employer’s allegedly retaliatory actions against an employee do not violate the First Amendment’s Petition Clause unless the employee’s petition relates to a matter of public, rather than private, concern.
June 16, 2011 Briefing U.S. Supreme Court Reverses Order Enjoining State Court from Considering Class Certification
Firm Authors: Stephen R. Smerek
In a unanimous decision, the U.S. Supreme Court ruled today that the Anti-Injunction Act prohibits federal courts from issuing injunctions to prevent state courts from considering certification of class action litigation previously rejected by the federal courts.
June 1, 2011 Article Ameron International: Expanding Insurance Recovery For Administrative Environmental Proceedings
Firm Authors: Scott P. DeVries, Yelitza V. Dunham
May 27, 2011 Briefing U.S. Supreme Court Upholds Arizona’s Employment- Related Immigration Law
Firm Authors: Linda T. Coberly
Before the recent headlines about Arizona’s new and comprehensive immigration law known as SB 1070, litigation was already underway about an earlier Arizona immigration statute—a statute that punishes employers for knowingly employing undocumented workers.
April 28, 2011 Briefing Supreme Court Enforces Arbitration Agreement Prohibiting Class Action Proceedings
In a 5-4 decision, with enormous implications for the future of class action litigation, the Supreme Court ruled on April 27 that an arbitration provision in an otherwise valid consumer contract requiring disputes to be arbitrated individually was enforceable.
February 25, 2011 Briefing Supreme Court Issues Narrow Ruling in Vaccine Preemption Case
Firm Authors: William P. Ferranti
The case of Bruesewitz v. Wyeth LLC was among the more closely watched this Term, with the possibility of a broad ruling concerning the preemptive effect of federal administrative regimes on state tort law.
February 11, 2011 Article Enhanced Protections for Expert Reports and Communications Between Experts and Counsel
Firm Authors: Phoebe N. Coddington
February 1, 2011 Article No Rubber Stamp
Firm Authors: Thomas L. Kirsch II, Shawn M. Taylor
July 8, 2010 Briefing Supreme Court Finds No U.S. Cause of Action in “F-cubed” Case
A new Supreme Court decision should help quell the fears of those who think the United States “has become the Shangri-La of class action litigation for lawyers representing those allegedly cheated in foreign securities markets.”
June 30, 2010 Briefing Key Questions Remain Unanswered In Supreme Court Decision on the Patentability of Business Methods
In a highly anticipated decision that had once promised to redefine the scope of patentable subject matter under U.S. law, the Supreme Court ruled narrowly on Monday that a claim to a method for hedging risk in commodities trading could be rejected under existing precedent.
June 30, 2010 Briefing Supreme Court Issues Significant Decision on “Relation Back” Doctrine
Earlier this month, the Supreme Court issued a civil procedure decision that could have a significant impact on lawsuits against corporations, particularly where the plaintiff’s complaint asserts claims against the wrong member of a corporate family.
Summer 2010 Article A Dose of History: Nuclear Energy Cases That Shaped Environmental Law
Firm Authors: David A. Repka, Tyson R. Smith
May 7, 2010 Article Patented Advertising in an Internet Age
Firm Authors: Gene C. Schaerr
May 5, 2010 Briefing Supreme Court Holds that Debt Collector Who Makes An Error of Law Cannot Invoke the “Bona Fide Error” Defense
The Supreme Court has issued a new decision on the scope of the Fair Debt Collection Practices Act, interpreting the Act in a manner that is likely to raise concerns for law firms and others engaged in debt collection.
April 9, 2010 Briefing Supreme Court Allows A Diversity Class Action to Proceed Despite Contrary State Law
The Supreme Court issued a decision last week that may be of concern to many corporate defendants hoping to benefit from state-level tort reform.
Spring 2010 Article Proximity, Presumptions, and Public Participation: Reforming Standing at the Nuclear Regulatory Commission
Firm Authors: David A. Repka, Tyson R. Smith
March 18, 2010 Briefing President Obama Signs $17.6 Billion Job-Creation Bill
President Obama has signed into law a $17.6 billion job-creation bill that contains tax breaks for employers who hire new workers.
March 18, 2010 Briefing Supreme Court Again Limits Which Statutes are "Jurisdictional" Absent a Clear Indication by Congress or Previous Supreme Court Authority
The Supreme Court recently issued another in a series of rulings limiting when a statutory requirement operates as a constraint on the federal courts’ jurisdiction.
February 25, 2010 Briefing Supreme Court Defines “Principal Place of Business” for Diversity Cases
The Supreme Court recently answered a critical question of diversity jurisdiction in a way that should prove very helpful to corporate defendants seeking to keep lawsuits out of plaintiff-friendly state jurisdictions.
December 15, 2009 Briefing Supreme Court holds that orders requiring disclosure of privileged materials may not be appealed under the collateral order doctrine
Court orders requiring parties to disclose attorney-client privileged information can be devastating for businesses involved in litigation. In Mohawk Industries, the Supreme Court introduced a new obstacle to relief by ruling out one of the four methods litigants have used to challenge such orders.
November 19, 2009 Briefing New York’s Highest Court Narrows Restrictions on Transfer of Claims
The New York Court of Appeals ruled on October 15, 2009 that transfers of legal claims do not violate New York’s champerty statute even where the transferee intends to enforce the claims in court, so long as the purpose of the transfer is not to profit from the costs of the resulting litigation.
July 2009 Article Seventh Circuit Reads AECA Restriction on Judicial Review Narrowly; Decision Could Lead to More Specific Identification of Which Items Are Subject to the U.S. Munitions List
July 10, 2009 Briefing Supreme Court Holds that States Can Enforce Their Banking Laws Against National Banks Through Litigation
In a decision that could have a broad impact on national banks and other financial institutions, the Supreme Court recently held that a State may enforce its own laws against national banks by bringing prosecutorial litigation against those suspected of violating state law.
July 2, 2009 Briefing Supreme Court Finds Due Process Violation Based on Judicial Campaign Contributions
The U.S. Supreme Court recently recognized a due process violation in a case involving campaign contributions for an elected judge.
July 1, 2009 Briefing Supreme Court Rules Tax on Oil Tankers is Unconstitutional
In a decision that will impact many large-scale users of seaports, the Supreme Court recently held that a tax on ships that applied almost exclusively to oil tankers was a violation of the Tonnage Clause, Art. I, § 10, cl. 3, which provides that unless Congress consents, a state may not "lay any duty of Tonnage."
June 16, 2009 Briefing New York Court of Appeals Says Judgment Creditors Can Garnish Property Held Overseas by Banks with New York Presence
In a decision that will significantly impact foreign banks and their clients, the New York Court of Appeals ruled recently that New York courts can order a bank with a New York presence to turn over to a judgment creditor any property it holds for a judgment debtor
May 19, 2009 Briefing Supreme Court Upholds Mandatory Arbitration of Discrimination Claims
In a decision that could have a broad impact on business and organized labor, the United States Supreme Court recently held that a collective bargaining agreement can require the arbitration of workplace discrimination claims arising under the Age Discrimination in Employment Act.
April 22, 2009 Briefing Venue Selection Clause Struck by Court Due to "of" Language
The California Appellate Court recently struck the venue selection clause which attempted to elect venue in federal courts in Virginia via America Online's membership contract. AOL's clause contained a choice of law provision designating Virginia courts by stating the "courts of Virginia".
April 17, 2009 Briefing Second Circuit Rules Debtors Must Pay Substantial Pension Termination Fees
In a recent reversal of a Bankruptcy Court decision, the U.S. Court of Appeals for the Second Circuit upheld a law which could further burden financially distressed companies attempting to reorganize and exit bankruptcy.
2009 Year in Preview 2009 Year in Preview: Supreme Court
There are no headline-grabbing business cases before the Supreme Court, but several will have an impact.
March 25, 2009 Briefing Appellate Court Holds That Web Site Not Gambling Where Bets Were Non-Binding
A state appellate court in Washington held that Betcha.com, an Internet betting exchange, was not in violation of the Washington State Gambling Act by providing a forum for person-to-person social wagering.
December 17, 2008 Briefing Radio Station Ordered to Pay Contest Prize
WDWG conducted the Colgate country showdown singing contest, which was a qualifying event of a larger national competition. A radio station employee incorrectly awarded the prize to the wrong person.
December 17, 2008 Briefing Type Size Used on Gift Card Terms and Conditions May Be Deceptive Under New York Law
Simon Property Group issues Visa branded gift cards in its New York malls. On the reverse of the card, it states, "An administrative fee of $2.50 per month will be deducted from your balance beginning with the seventh month from the month of card purchase."
September 17, 2008 Article Supreme Court’s Quanta Decision Clarifies the Reach of Patent Exhaustion
June 27, 2008 Briefing Supreme Court Vacates $2.5 Billion Punitive Damages Award Against Exxon
In a much-anticipated decision, the Supreme Court recently vacated a $2.5 billion punitive damages award against Exxon for the 1989 Exxon Valdez oil spill, finding that the award was excessive under federal maritime common law.
June 27, 2008 Briefing Supreme Court's Landmark Decision in the Exxon Valdez Case
This briefing addresses the Supreme Court’s recent landmark decision in the Exxon Valdez case. The Supreme Court’s decision resolves key maritime law questions, but leaves others for another day.
June 24, 2008 Briefing Supreme Court's Final Employment Decisions
As the 2007 Term draws to a close, the Supreme Court has issued several decisions in the employment arena, offering mixed news for employers.
June 19, 2008 Briefing Supreme Court Rejects “Virtual Representation”
In a case with broad significance for civil litigation, the Supreme Court has held that “virtual representation” is not among the limited exceptions to the rule that a judgment binds only the parties to the litigation. In Taylor v. Sturgell, No. 07-37, the Court rejected the D.C. Circuit’s holding that a person could be precluded from litigating a claim merely because he had a “close relationship” and “identity of interests” with a previous litigant who unsuccessfully litigated the same claim.
June 13, 2008 Briefing Supreme Court Reaffirms Important Limits on RICO Suits
In a mixed bag for the business community, the Supreme Court this week reaffirmed important limitations on civil RICO suits, but stopped short of imposing a broader restriction urged by businesses
June 11, 2008 Briefing Supreme Court Refuses to Extend False Claims Act to Encompass All False Claims Paid with Government Funds
The U.S. Supreme Court has unanimously rejected a push to transform the federal False Claims Act into "an all-purpose fraud statute" reaching any fraud involving federal funds.
May 30, 2008 Briefing The Supreme Court Expands the Scope of Liability for Employers
This week the U.S. Supreme Court issued two employment decisions that expand the ability of employees to bring retaliation claims against employers. In CBOCS West, Inc. v. Humphries, the Court found that an employee of a private employer can bring a retaliation claim under § 1981, while in Gomez-Perez v. Potter, the Court held that the Age Discrimination in Employment Act allows a federal employee to bring a retaliation claim against a federal employer.
February 25, 2008 Briefing Supreme Court Holds That Federal Law Deregulating Trucking Preempts a State Regulation on the Delivery of Tobacco Products
The Supreme Court ruled this week that the State of Maine cannot enforce a statute placing restrictions on the delivery of tobacco products within the State, because a federal law deregulating the trucking industry preempts such regulation.  Rowe v. New Hampshire Motor Transport Association, No. 06-457 (Feb. 20, 2008).
February 25, 2008 Briefing Supreme Court Closes Off Another Avenue for Avoiding Arbitration Agreements
The Supreme Court has made it easier to bring contractual disputes before an arbitrator, even when state law grants exclusive jurisdiction over the dispute to an administrative agency.
February 22, 2008 Briefing Supreme Court Holds That FDA Premarket Approval Preempts Common-Law Claims Challenging Safety and Efficacy of Medical Devices
The Supreme Court ruled this week that a plaintiff may not sue under state law to challenge the safety or effectiveness of a medical device to which the FDA has given “premarket approval.”
February 22, 2008 Briefing Supreme Court Holds that 401(k) Participants May Sue for Breach of Fiduciary Duty to Recover Losses in Individual Accounts
In a closely watched ERISA case, the Supreme Court has clarified the right of employees to sue plan fiduciaries for mismanaging their individual 401(k) accounts.
January 17, 2008 Briefing U.S. Supreme Court Issues Landmark Decision Limiting Secondary Liability Under the Federal Securities Laws
In a highly anticipated decision, the U.S. Supreme Court has rejected a push to expand the scope of secondary liability in private lawsuits under the federal securities laws.
December 2007 Article Ordering A La Carte: The Supreme Court should rule that in employment fights, too many cooks spoil a fair trial
October 11, 2007 Briefing Revisiting Secondary Liability and the Federal Securities Laws: Stoneridge Investment Partners, LLC v. Scientific-Atlanta, Inc.
On Tuesday, October 9, 2007, the U.S. Supreme Court heard oral argument in a case that could impact substantially the scope of secondary liability under the federal securities laws.
July 24, 2007 Briefing Supreme Court Alters Balance of Power Among Debtors and Others Who Share Environmental Liabilities
In Atlantic Research, the United States Supreme Court held that a “potentially responsible party” that voluntarily cleans up a contaminated site is entitled to recover a portion of its clean-up costs from other PRPs under Section 107(a) of CERCLA.
July 3, 2007 Briefing Supreme Court Reverses Nearly 100 Years of Antitrust Precedent on Vertical Price Fixing
The Supreme Court has set aside nearly a century of antitrust precedent that condemned minimum resale price maintenance agreements as illegal without regard for their effect on competition.
July 2007 Article Capital Markets Reports’ Recommendations: The Litigation Climate
Firm Authors: Gene C. Schaerr
June 29, 2007 Briefing U.S. Supreme Court Loosens Restrictions on Corporate Political Speech
In a much-anticipated ruling, on Monday, June 25, the Supreme Court made it easier for corporations to use independent expenditures to engage in political speech.
June 22, 2007 Briefing Supreme Court Clarifies Standard for Pleading Scienter in Private Securities Fraud Cases
Once again, the Supreme Court has issued a ruling that takes Congress’ efforts to curb abusive private securities lawsuits seriously. In Tellabs, Inc. v. Makor Issues & Rights, No. 06-484 (June 21, 2007), the Court considered Congress’ heightened pleading requirement for scienter in securities cases.
June 21, 2007 Briefing Supreme Court Finds IPO Work Exempt from Antitrust Claims
Earlier this week, the Supreme Court issued a significant win for the securities industry in Credit Suisse Securities (USA) LLC v. Billing, 05-1157.  In a seven-to-one decision, the Court held the securities laws impliedly preclude certain antitrust claims arising out of the work performed by underwriters before an initial public offering.
June 14, 2007 Briefing U.S. Supreme Court Narrowly Interprets Removal Jurisdiction For Claims Against Heavily Regulated Companies
The U.S. Supreme Court decided unanimously this week that a defendant cannot remove a lawsuit from state to federal court based simply on the argument that the lawsuit concerns operations that are subject to a detailed federal regulatory regime
June 8, 2007 Briefing Safeco Insurance Co. of America v. Burr: When Must Insurers Tell Consumers About "Adverse Actions" Based on Credit Reports?
In a decision of great importance to the insurance industry, retailers, and consumers nationwide, the Supreme Court this week laid down a series of ground rules for when an insurer must notify a consumer that the insurer took an “adverse action” based on the consumer’s credit report under the Fair Credit Reporting Act.
May 24, 2007 Briefing Supreme Court Retires "No Set of Facts" Formulation for Federal Pleading in Sherman Act Case
In the wake of the recent Supreme Court decision in Bell Atlantic v. Twombly, civil procedure professors around the country are busily updating their curricula.
May 9, 2007 Briefing U.S. Supreme Court Limits Patent Protection Abroad
The Supreme Court recently made it easier for high-technology companies to compete globally without exposure to U.S. patent liability.
March 29, 2007 Briefing Supreme Court Makes It More Difficult for Private Whistleblowers to Sue Government Contractors for Fraud
In a substantial win for businesses, the U.S. Supreme Court issued a decision this week imposing strict requirements for lawsuits by private whistleblowers.
February 28, 2007 Briefing Court Enjoins Enforcement of Illinois Sudan Act
On February 23, 2007, a federal district court enjoined enforcement of Illinois’ Act to End Atrocities and Terrorism in the Sudan, finding it unconstitutional.
February 23, 2007 Briefing U.S. Supreme Court Clarifies Standards for Predatory Bidding
Earlier this week, the U.S. Supreme Court issued a decision limiting the circumstances in which an antitrust plaintiff may recover for a competitor’s “predatory bidding.” In Weyerhaeuser Company v. Ross-Simmons Hardwood Lumber Company, 549 U.S. ___ (2007), the Court held that predatory bidding claims will be tested under the same rigorous standards that govern predatory pricing.
December 18, 2006 Briefing Responses to PG&E Petition for Supreme Court Review
On December 15, 2006, San Luis Obispo Mothers for Peace, the U.S. Government, and two amici curiae filed separate responses to the Petition for a Writ of Certiorari filed by Pacific Gas & Electric Company on September 29, 2006.
December 8, 2006 Briefing Will EPA Regulate Greenhouse Gas Emissions from Automobiles? A Summary of Supreme Court Oral Argument in Massachusetts et al. v. EPA
On November 29, 2006, the U.S. Supreme Court heard oral argument in the case of Massachusetts et al. v. EPA, in which a key question presented is the EPA’s authority to regulate greenhouse gas emissions from new automobiles. This memorandum summarizes the argument and suggests the potential direction of the Court.
December 7, 2006 Briefing Is a Mere Allegation of an Antitrust Conspiracy Enough to Proceed to Discovery? A Summary Of Supreme Court Oral Argument In Bell Atlantic et al. v. Twombly et al.
On Monday, November 27, 2006, the United States Supreme Court heard oral arguments in a case that could have a major impact on antitrust litigation. The Court faced a seemingly technical issue of how much specificity a plaintiff needs to allege to survive a motion to dismiss.
December 7, 2006 Briefing Justices Question Federal Circuit’s Obviousness Standard: A Summary of Oral Argument in KSR International Co. v. Teleflex, Inc.
On Tuesday, November 28, the U.S. Supreme Court heard oral argument in what could be one of the most significant patent cases in decades. At issue in KSR v. Teleflex is the standard for determining whether an invention is “obvious” and therefore unpatentable under Section 103 of the Patent Act.
December 7, 2006 Briefing When Does the Clock Start Ticking for Pay Discrimination Claims? A Summary of Supreme Court Oral Argument in Ledbetter v. Goodyear Tire & Rubber Co.
On November 27, 2006, the Supreme Court heard argument in a case that will determine how long an employee who is victimized by unlawful pay discrimination has to file a claim.
November 30, 2006 Briefing Are a Federal Agency’s Attempts to Preempt State Law Entitled to Deference? A Report on the Supreme Court Oral Argument in Watters v. Wachovia Bank, N.A.
Yesterday, the U.S. Supreme Court heard argument in a case that could have a significant impact on the efforts of federal administrative agencies to preempt state laws that impose burdensome requirements on regulated corporations.
October 5, 2006 Briefing The Supreme Court Outlook for 2006-2007
This term the United States Supreme Court will consider a number of cases that may impact employers and employees. These cases are briefly summarized in this briefing.
August 25, 2006 Briefing Challenge to “Illinois Sudan Act”
On August 7, 2006, Winston & Strawn, on behalf of the National Foreign Trade Council, eight public pension funds and nine individual pension fund beneficiaries and taxpayers filed a lawsuit in the U.S. District Court for the Northern District of Illinois, challenging the constitutionality of Illinois’ Act to End Atrocities and Terrorism in the Sudan.
August 9, 2006 Briefing SEC Declines to Challenge Goldstein v. SEC; Staff to Propose New Rules Affecting Hedge Fund Managers
On August 7, 2006, Christopher Cox, chairman of the Securities and Exchange Commission, announced that the SEC has determined not to seek en banc review of the decision of the U.S. Court of Appeals in Goldstein v. SEC, and not to petition the U.S. Supreme Court for a writ of certiorari of that decision.
June 30, 2006 Briefing Supreme Court Bypasses Major Patentability Issue
One of the most interesting decisions of the Supreme Court’s October 2005 Term was a decision not to decide a case. The case of LabCorp v. Metabolite Laboratories, Inc., No. 04-607, was one of the most closely watched patent cases in recent memory. Ratherthan reaching the merits, however, the Court dismissed the writ as improvidently granted.
June 23, 2006 Briefing Appellate Court Vacates Hedge Fund Rule
Earlier today, the United States Courtof Appeals for the District of Columbia Circuit vacated the controversialprovision effectively requiring most hedge fund managers to register underthe Investment Advisers Act.
June 20, 2006 Briefing Supreme Court Holds that Civil RICO Plaintiffs Must Show Direct Harm
The U.S. Supreme Court recently limited the availability of civil actions under the Racketeer Influenced and Corrupt Organizations Act or RICO. In Anza v. Ideal Steel Supply Corp., 126 S.Ct. 1991 (2006), the Court held that the proximate cause element of 18 U.S.C. § 1964(c) (the civil RICO law) should be narrowly construed to require the plaintiff to allege and prove direct harm from the alleged RICO violation.
June 7, 2006 Briefing Supreme Court Rejects Federal Circuit’s Rule Favoring Injunctive Relief in Cases of Patent Infringement
In a unanimous decision in favor ofthe online auction site eBay, the U.S. Supreme Court recently rejected the Federal Circuit’s rule that a permanent injunction must be granted whenever a patent holder proves infringement, absent “exceptional circumstances.”
June 5, 2006 Briefing Supreme Court Holds ERISA Fiduciary May Sue Beneficiary For Reimbursement Under “Equitable Relief” Provision
In a unanimous decision, the U.S. Supreme Court recently held that when an injured person receives benefits from an ERISA plan but then sues a third party over the same injuries and recovers a settlement or damages, the ERISA plan fiduciary can sue for reimbursement out of that settlement or award.
May 23, 2006 Briefing Supreme Court Holds That State Taxpayers Have No Standing to Challenge State Tax Incentives in Federal Court
In a unanimous decision in favor of businesses that benefit from state and local tax incentives, the U.S. Supreme Court ruled Monday that state and local taxpayers did not have standing to bring a federal lawsuit challenging such incentives.
April 28, 2006 Briefing Seventh Circuit Holds Employee’s Intentional Infliction of Emotional Distress Claim Can Stand Independent of Illinois Human Right Act
A panel of the U.S. Court of Appeals for the Seventh Circuit recently ruled that the Illinois Human Rights Act did not preempt a terminated employee’s Illinois state-law claim of intentional infliction of emotional distress, where that claim was based on conduct independent of conduct used to support her Title VII sex discrimination claim.
April 18, 2006 Briefing Ninth Circuit Finds Dress and Grooming Standards Policy Did Not Violate Title VII's Prohibitions Against Gender Discrimination and “Sex Stereotyping”
The U.S. Court of Appeals for the Ninth Circuit accepted Jespersen v. Harrah’s Operating Co., for en banc (entire court) review “in order to reaffirm our Circuit law concerning appearance and grooming standards, and to clarify our evolving law of sex stereotyping claims.” (9th Cir. en banc 04/14/2006).
April 7, 2006 Briefing Supreme Court Holds That Federal Law Preempts State-Law Securities Class Actions
In a significant victory for defendants in securities cases, the Supreme Court has ruled that a recently enacted federal statute preempts securities fraud class actions brought under state law when the claims are based on the retention—not the purchase or sale—of covered securities. Merrill, Lynch, Pierce, Fenner & Smith, Inc.v. Dabit, 2006 WL 461512 (U.S. March 21, 2006).
March 31, 2006 Briefing Supreme Court Holds That Patents No Longer Confer a Presumption of Market Power in “Tying” Cases
In an important antitrust decision favoring patent owners, the Supreme Court has held that a patent does not necessarily confer market power for purposes of antitrust liability. In Illinois Tool Works Inc. et al. v. Independent Ink, Inc.,126 S.Ct.1281 (March 1, 2006), the Court considered the legality of tying arrangements,where a party agrees to sell one product only if the buyer also purchases another product.
March 24, 2006 Briefing Supreme Court Resolves Dispute About Price-Fixing Liability And Joint Ventures
In a decision of broad significance to businesses, the Supreme Court has held that “the pricing decisionsof a legitimate joint venture”—even when the participants in the joint venture are otherwise in competition with one another—“do not fall withinthe narrow category of activity that is per se unlawful under §1 of the Sherman Act.”
March 10, 2006 Briefing Supreme Court Clarifies Scope of Hobbs Act in 20-Year-Old Abortion Protestor Dispute
The U.S. Supreme Court recently reexamined the scope of the Hobbs Act, explaining that threats of violence unrelated to robbery or extortion are beyond the scope of the Act. In Scheidler v.National Organization for Women, Inc., 2006 WL 461512 (U.S. Feb. 28, 2006),the Court held that the Act does not contain “a freestanding physical violence offense.”
February 27, 2006 Briefing Supreme Court Reaffirms Rule Favoring Separate Enforceability of Arbitration Provisions
The U.S. Supreme Court recently delivered good news for the enforceability of arbitration agreements, reaffirming the rule that a challenge to the validity of the contract as a whole is a decision for the arbitrator, not the court.
February 7, 2006 Briefing What Will the "New" Supreme Court Mean for Business?
The arrival of two new justices on the U.S. Supreme Court could herald a new day for the business community. By historical standards, the Rehnquist Court took relatively few cases (roughly 75 each year), more than half of them involving criminal issues.But it was especially stingy about deciding issues of concern to corporate America.