Thought leaders from around the world contribute their perspectives on landmark cases, new legislation, and legal perspectives on new technologies, business practices, and civil procedure.
On Monday the U.S. Supreme Court announced that it would not entertain arguments in GG v. Gloucester County School Board, a case that would have been the Court’s first significant opportunity to weigh in on gender identity issues.
The primary question will likely come down to whether or not cell phone data and location records are protected interests under the Fourth Amendment.
In these post-conviction cases, we look for Constitutional violations that deprived the defendant of a fair trial and undermined confidence in the outcome.
The result of the case is likely to have immediate and significant implications for a large number of property owners and developers in Washington.
Jamie L. Graham
Patent law is one more area up for debate with changes coming to the Supreme Court.
Riker Danzig Scherer Hyland & Perretti
The claimants’ workers’ compensation bar in Pennsylvania scored a significant victory when the state’s high court issued its decision in Protz v. WCAB.
In Bristol-Myers Squibb Co. v. Superior Court of California, multiple plaintiffs sued Bristol-Myers Squibb Co. (BMS) in a California state court to recover damages allegedly caused by their use of BMS’ anti-clotting drug, Plavix.
Jeff C. Dodd, Tonya Gray, Ben Setnick, John R. Hutchins, Rose Cordero Prey, and Mark A. Chapman
This week, in TC Heartland LLC v. Kraft Foods Group Brands LLC, the Supreme Court undid the settled practice of virtually nationwide venue for patent infringement cases.
Alexandra A. Bodnar
The case will now return to the district court to implement the settlement and begin the payout to retired players. More than 100 former players opted out of the class settlement, reserving the right to sue the NFL on their own.
Identify Exhaustion or Risk Waiving a Defense.
Georgia, Alabama, Missouri, and Ohio are among the states fighting to overturn legal abortion in America. With a favorable bench, how might Roe v. Wade look in the future?
Anastasia M. McCarthy
The new Child Victims Act is expected to have a profound and long-lasting impact on public school systems.
Leading cases on the Supreme Court’s 2018 business docket.
An overview on the ruling of Philips’ EFM+ (DVD) Patent in the Greek Supreme Court.
Holly M. Polglase and Matthew E. Bown
The Supreme Court decides the meaning of Article 10(A) of the Hague Service Convention.
Carol Steinour Young and Emily Hart
On June 19, 2017, the United States Supreme Court settled the issue of whether an offensive name—in this case, an Asian-American rock band called “The Slants”—can properly be registered as a trademark.
Clifford J. Zatz and Josh Thomas Foust
The decision “may make it impossible to bring certain mass actions at all.”
Lyle D. Larson
Looking at the future of Chevron deference following Kennedy's unexpected departure.
Gregory Bubalo and Katherine A. Dunnington
Bristol-Myers Squibb Co. v. Superior Court of California will significantly impact the plaintiffs’ choices of forums for the filing of mass torts actions.
Julie Desrosiers and Michael Shortt
The nine judges of the Supreme Court ruled on Friday that the so-called “promise doctrine” was not part of Canadian patent law, and laid out a new approach to the utility requirement which substantially lowers the bar to proving usefulness of patented inventions.
R. Scott Oswald
If a government supplier quietly ignores vital rules but still bills taxpayers as if it had complied, can it be held liable under the federal False Claims Act — even if it never directly lies about its compliance?
Tim Freudenberger and Nancy Lubrano
In May 2014, class action defense attorney Tim Freudenberger from Carothers DiSante & Freudenberger LLP, obtained a very favorable decision from the California Supreme Court in Duran v. U.S. Bank Nat. Assn., 59 Cal. 4th 1 (2014).
Harold P. Coxson
On January 20, 2017, President-elect Donald Trump will be inaugurated as the 45th President of the United States, with an ambitious agenda set for the first 100 days, including the confirmation of his cabinet appointees and a yet-to-be-named Supreme Court nominee.
The “Messi Doctrine”: Tax Advisors Could Be Prosecuted for Their Tax Advice and Meet the Same Fate Than Their Clients
Mariano Roca López
Could lawyers be held responsible for their client's fraudulent activity?
Justice Neil Gorsuch wasn’t a member of the U.S. Supreme Court back in 2004, when the justices ruled in Sosa v. Alvarez-Machain (124 S.Ct. 2739) that in certain limited circumstances, foreign nationals can use a 1789 law, the Alien Tort Statute, to sue in U.S. courts for violations of the law of nations.
Kerri L. Barsh
The ability to move a water treatment plant closer to the populations that the plant would serve and then re-locate that facility to another location as demographics change or in the event of a natural disaster could prove invaluable.