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Supreme Court Denies Appeal on Constitutionality of First-to-File Patent System

by Dennis Crouch The Supreme Court has denied MadStad Engineering’s petition for writ of certiorari in its case arguing that the first-to-file patent system is unconstitutional because the new law awards rights for the filing of a patent application and no longer requires invention. Rather than reaching the merits, the district court found that MadStad lacked […]

Court agrees to hear opponents of NYU expansion

Opponents of New York University's $6 billion expansion plan in Greenwich Village won a hearing before the state's highest court in their bid to block the proposal. The Court of Appeals in Albany on... To view the full story, click the title link.

Forget the Oscars, This Week is En Banc Oral Argument in US v. Davis at the 11th Circuit Court of Appeals

It may very well represent the most significant e-discovery case in the nation at this moment, and US v. Quartavious Davis takes center stage this week at the 11th Circuit Court of Appeals.

DAPA Eligible Immigrants Will Not Be Deported and 3 Other Things You Need to Know About the GOP Immigration Lawsuit

Since Judge Hanen issued his controversial midnight order blocking President Obama's executive actions on immigration there has been a lot of speculation about what will happen next. Will the Court of Appeals quickly reverse the ruling? How long will it take for the case to wind its way through the appellate courts? Will the U.S. Show More Summary

We Should Only Trust the Government as Far as We Can Throw It

Ilya Shapiro Vietnam vet Robert Rosebrock is 72 years old, but he’s still got enough fight in him to stand up for what he believes in. The Veteran’s Administration of Greater Los Angeles (VAGLA) and the U.S. Court of Appeals for theShow More Summary

Vinod Khosla Appeals Ruling in Martin’s Beach Case: Surfrider to Defend Lower Court Victory

It looks like Surfrider Foundation will be going back to court to fight for access in the Martin's Beach case. Billionaire venture capitalist property owner, Vinod Khosla, filed a Notice of Appeal this week to try to overturn the very strong lower court ruling. Show More Summary

Kurt Busch NASCAR Appeal Denied; Stays On Indefinite Suspension

6 days agoVehicles / Cars : Jalopnik

NASCAR heard Kurt Busch's appeal today regarding the indefinite suspension he was given over conclusions drawn by the Commissioner of the Family Court of Delaware that Busch likely strangled ex-girlfriend Patricia Driscoll. That appeal was just denied. Read more...

Madoff victims to get $1.45B after trustee's victory

Victims of Bernard Madoff's Ponzi scheme will soon be receiving an additional $1.45 billion distribution, the fruits of an appeals court victory by the trustee unwinding the convicted swindler's... To view the full story, click the title link.

Cisco Argues that the Inducement Mens Rea Should Focus on Knowledge of Wrongdoing Rather than Merely Infringement

by Dennis Crouch In the pending appeal of Commil v. Cisco, the Supreme Court is further honing-in on the knowledge aspect of induced infringement.  In particular, the court is addressing whether a defendant’s reasonable and good-faith (but ultimately incorrect) belief that a patent is invalid can be used to prove that the defendant did not knowingly […]

Grand Juries Are Medieval

This week, Jonathan Lippman, chief judge of the New York Court of Appeals, took bold action. During his State of the Judiciary speech, he addressed “the crisis emanating from deadly police-civilian encounters” and proposed legislation that would dramatically change the grand jury system in New York state.

Appeals court hears request to relocate Boston bombing trial

In what likely is their last stab at getting the capital murder trial of Dzhokhar Tsarnaev moved out of Boston, his lawyers are appearing before the federal 1st Circuit Court of Appeals on Thursday morning to argue that a courthouse close to the finish line of the Boston Marathon is not the...

On not taking a second look at that UT affirmative action case.

Linda Greenhouse writes about the potential for the Supreme Court to look once again at Fisher v. University of Texas — the affirmative action case that it sent back to the Court of Appeals in 2013. Greenhouse has written before to express her view that the Supreme Court will not (should not?) take the case again. Show More Summary

Supreme Court Clarifies MDL Appealability Issues

Appealability issues in multi-district litigation can present knotty problems. While we (that is, Bexis) came up with the preemption argument that killed off fraud on the FDA claims, the realities of MDL practice meant that, even after winning, there was no appeal. Show More Summary

Eugene Volokh On Open Carry

The Washington Post: So the Florida Court of Appeal held Wednesday in Norman v. State. It concluded that the Second Amendment applies to carrying for self-defense outside the home. “A blanket prohibition on carrying [a] gun in public prevents a person from defending himself anywhere except inside his home,” and as such constitutes a “substantial […]

Australian held at Guantanamo says he was tortured for five years

last weekNews : The Raw Story

An Australian former Guantanamo Bay detainee said on Thursday after a U.S. military appeals court threw out his conviction on a terrorism charge that he wants his government to pay for treatment of ailments resulting from torture. David Hicks, who spent five years in the U.S. detention camp in...

Military court throws out Australian's Guantanamo war crimes conviction

A military appeals court on Wednesday threw out the Guantanamo tribunal's conviction of Australian David Hicks on charges of material support to terrorism, agreeing with a U.S. civilian court's ruling last year that the charge is not a war crime and thus beyond the jurisdiction of a military...

Court Rules Obama Admin Can Make Christian College Obey Pro-Abortion HHS Mandate

Chalk up another setback for religious freedom. Earlier this week, the U.S. Court of Appeals for the Third Circuit ruled against Geneva College and other non-profit religious employers in their challenge to the Obamacare mandate that forces employers to provide healthcare coverage of abortion-inducing drugs and devices. You don’t have to agree with Geneva College […]

Immigration debate slowed by another partisan sideshow

A federal judge on Monday halted portions of President Obama's executive actions shielding more than 4 million immigrants in the country illegally from deportation. The administration has pledged to appeal. When it does, the courts should act with all due speed to reinstate the president's...

Israeli court’s rejection of Corrie family appeal is not fit for print in our leading papers

Neither NYT or Washington Post see fit to publish stories in print about Israeli Supreme Court rejecting accountability in Rachel Corrie killing, after 10-year struggle by her family

William Levin: Battle station alert on the left

(Scott Johnson) William Levin is a graduate of Yale Law School, former clerk on the D.C. Circuit Court of Appeals and former special assistant in the Department of Justice, Office of Legal Counsel. He writes to comment on developments related to the Supreme Court’s pending decision in King v. Show More Summary

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