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Wellness Case Brings Healing for Bankruptcy Court Authority

Resolving an issue left open by two prior decisions, the Supreme Court ruled that the right to entry of a final judgment by an Article III court, like the right to trial by jury, is a personal right which can be waived or consented away (subject to supervision by an Article III Court). The decision left...

Good-Faith Belief in Patent Invalidity Does Not Negate Induced Infringement

On Tuesday morning the U.S. Supreme Court issued its opinion in Commil USA, LLC v. Cisco Systems, Inc . Reversing a 2013 decision of the Court of Appeals for the Federal Circuit, the Court today held that a defendant’s good-faith belief regarding the invalidity of an asserted patent is not a defense...

U.S. Supreme Court Addresses Authority of Federal Bankruptcy Courts to Enter Final Orders and Judgments

The Wellness majority opinion is noteworthy for a number of reasons. As a practical matter, it permits this aspect of bankruptcy court practice—proceeding to final judgment in non-core matters on consent as being valid and constitutionally permissible—to continue. The world may end in...

Supreme Court Decides to Maintain the Viability of the U.S. Bankruptcy Courts, But a Key Question Remains Unresolved

by Ben Feder Four years ago, in Stern v. Marshall , the Supreme Court stunned many observers by re-visiting separation of powers issues regarding the jurisdiction of the United States bankruptcy courts that most legal scholars had viewed as long settled [ an enhanced version of this opinion is available...

Some Thoughts on EEOC v. Abercrombie

Now that I've had a chance to read the full opinion in EEOC v. Abercrombie [lexis.com subscribers may access Supreme Court briefs and an enhanced opinion for this case], here are a few thoughts. First, some background: An assistant manager at A&F interviewed an applicant who wore a headscarf...

Supreme Court Majority Holds Threatening Speech Conviction Requires Intent Finding

WASHINGTON, D.C. — (Mealey’s) Reversing a Third Circuit U.S. Court of Appeals ruling, a U.S. Supreme Court majority today held that a conviction for making threatening communications under 16 U.S. Code Section 875(c) requires a showing of intent to harm by the speaker and not merely negligence...

The Unanswered Questions From EEOC v. Abercrombie

Building off of yesterday's posts regarding EEOC v. Abercrombie [lexis.com subscribers may access Supreme Court briefs and an enhanced opinion for this case] ( here and here ), there are two extraordinarily important questions left unanswered. I touched on this yesterday: What level of suspicion...

The Abercrombie Case

Justice Scalia wrote the majority opinion for the Supreme Court decision issued yesterday in the Abercrombie case [lexis.com subscribers may access Supreme Court briefs and an enhanced opinion for this case] . For those who haven’t been following the Supreme Court docket this year (and only stumbled...

Supreme Court Holds That Bankruptcy Courts Can Adjudicate Stern Claims

By Evan Zisholtz In a 6-3 ruling, the U.S. Supreme Court held that bankruptcy courts have the authority to adjudicate Stern claims so long as the litigant parties provide “knowing and voluntary consent.” This decision in Wellness International Network, et. al. v. Richard Sharif [lexis...

Supreme Court Decision Leaves Employers With Religious Accommodation Questions

by Rodney L. Bean and Kaitlin L. Hillenbrand Yesterday, the Supreme Court of the United States issued its long-awaited opinion in EEOC v. Abercrombie & Fitch Stores, Inc ., where it addressed questions surrounding the obligation of an employer to make a religious accommodation [lexis.com subscribers...

U.S. Supreme Court Accepts Appeal of Tyson Donning, Doffing Suit

WASHINGTON, D.C. — (Mealey’s) The U.S. Supreme Court this morning granted the petition for writ of certiorari in the appeal of a nearly $5.8 million verdict in favor of a class of Tyson Foods Inc. workers who brought a donning and doffing suit against the company ( Tyson Foods, Inc. v. Peg...

Lunch with Justice Scalia

I initially wanted to hold off on posting this article in order to not inundate the blog with Justice Scalia posts back-to-back ( see Abercrombie case ) but I got to thinking— Could there ever be too much Scalia ? I don’t think so. Regardless of whether you agree with his decisions or...

Baker Botts v. Asarco: The Supreme Court Shows Again That It Really Doesn’t Understand Corporate Bankruptcy Cases

by Ben Feder The Supreme Court has not handled its recent major bankruptcy decisions well. The jurisdictional confusion engendered by its 2011 decision in Stern v. Marshall was only partially clarified by this term’s opinion in Wellness International Network v. Sharif . The Court’s ruling...

Supreme Court to Hear Appeal of Third Circuit ‘Naked’ Short Selling Securities Suit

WASHINGTON, D.C. — (Mealey’s) The U.S. Supreme Court today agreed to hear an appeal of a Third Circuit U.S. Court of Appeals ruling remanding a securities class action lawsuit over the alleged illegal “naked” short selling of a company’s stock back to state court Merrill...

Katten Muchin Rosenman LLP: 8 Key Estate Planning Opportunities Arising From The Supreme Court's Decision On Same-Sex Marriage

By Katten Muchin Rosenman LLP On June 26, 2015, the US Supreme Court ruled that a state ban on same sex marriage is unconstitutional, in violation of the equal protection clause of the Fourteenth Amendment. The landmark ruling in the combined cases known as Obergefell v. Hodges [1] struck down every...

Supreme Court Says Lawyers Don't Get Paid for Defending Their Fees

A Texas law firm did a great job and beat back a punitive attack on their fees. However, the Supreme Court has ruled that they may not receive compensation for defending their work. Baker Botts, LLP v. ASARCO, LLC , No. 14-103, 2015 U.S. LEXIS 3920 (6/15/15) [subscribers can access an enhanced version...

EEOC, Abercrombie Settle Hijab Lawsuit

We went to the U.S. Supreme Court, and all I got was this lousy $45K? (Better than a lousy t-shirt, I guess.) Law360 reports that, now that the U.S. Supreme Court has ruled in favor of the Equal Employment Opportunity Commission in the high-profile religious discrimination and accommodation case...

U.S. Supreme Court Agrees to Hear Demoted Detective’s Free Speech Appeal

WASHINGTON, D.C. — (Mealey's) The U.S. Supreme Court on Oct. 1 granted a petition for writ of certiorari filed by a police detective after the Third Circuit U.S. Court of Appeals determined earlier this year that he failed to prove his case claiming that he was demoted in violation of the First...

U.S. Supreme Court Won’t Hear Appeal in Newman Insider Trading Suit

WASHINGTON, D.C. — (Mealey’s) The U.S. Supreme Court today declined review of a Second Circuit U.S. Court of Appeals ruling overturning the conviction of two portfolio managers alleged to have engaged in an insider trading scheme ( United States of America v. Todd Newman, et al. , No. 15...

U.S. Supreme Court Hears Arguments on Enforceability of Arbitration Agreement

WASHINGTON, D.C. — (Mealey’s) A California appellate panel erred when it refused to enforce an arbitration clause contained in a cable provider’s customer agreement, the attorney for the cable provider argued Oct. 6 before the U.S. Supreme Court ( DIRECTV, Inc. v. Amy Imburgia, et al...

U.S. Supreme Court Hears Oral Arguments in TCPA Mootness Dispute

WASHINGTON, D.C. — (Mealey’s) Once a plaintiff is offered everything that he could have secured through a federal judgment, his complaint is moot, the attorney representing a vendor that sent text messages on behalf of the U.S. Navy and was sued under the Telephone Consumers Protection Act...

Supreme Court Grants Certiorari, Consolidates Two Patent Cases

WASHINGTON, D.C. — (Mealey’s) The continued viability of the Federal Circuit U.S. Court of Appeals’ standard for awarding enhanced damages will be debated before the U.S. Supreme Court, which granted certiorari Monday in two cases involving 35 U.S. Code Section 284 ( Stryker Corp. et...

U.S. Supreme Court Agrees to Hear Challenge to Willful Infringement Standard

Today the U.S Supreme Court granted a writ of certiorari in two patent cases, agreeing to consider challenges to the current standard for finding willful infringement, which allows the judge to increase a patent damage award by up to three times. The cases are Halo Electronics Inc. v. Pulse Electronics...

U.S. Supreme Court Hears Oral Arguments in Donning, Doffing Appeal

WASHINGTON, D.C. — (Mealey’s) A class action is appropriate only when classwide injury may be determined in a single stroke, the attorney representing Tyson Foods Inc. in a donning and doffing dispute argued this morning before the U.S. Supreme Court ( Tyson Foods, Inc. v. Peg Bouaphakeo...

An Injury Without an Injury — Part 2? #SCOTUS and Collective Wage/Hour Violations

Can a plaintiff support a collective lawsuit if some of the individuals in the purported class have not suffered any harm? The Supreme Court took up this question during yesterday’s oral argument in Tyson Foods v. Bouaphakeo , a case that will go a long way to deciding the continued viability of...