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Posts in Supreme Court Oct 2018

Return Mail v. U.S. Postal Service

Return Mail v. U.S. Postal Service

Is the government a “person” who can request a “covered business method” patent review?

Case Explainer, Supreme Court Oct 2018Mariam MorshediJanuary 31, 2019patent law, patent review, PTO, usps, covered business method, cbm review, person, sovereign immunityComment

Helsinn Healthcare v. Teva USA (Decision January 22, 2019)

Helsinn Healthcare v. Teva USA (Decision January 22, 2019)

The Supreme Court reinforced the longstanding rule that even a non-public sale may invalidate a patent.

Case Explainer, SCOTUS 2018 decisions, Supreme Court Oct 2018Clint MehallJanuary 25, 2019patent, america invents act, on sale, non-public sale, invention, pharma, drugComment

New Prime v. Oliveira (Decision January 15, 2018)

New Prime v. Oliveira (Decision January 15, 2018)

Courts, not arbitrators, interpret the FAA, and the FAA’s arbitration exception applies to Oliveira’s contract.

Case Explainer, Supreme Court Oct 2018, SCOTUS 2018 decisionsMariam MorshediJanuary 16, 2019arbitration, FAA, independent contractor, employment, contractComment

Home Depot USA v. Jackson

Home Depot USA v. Jackson

Can Home Depot get the case moved from state court to federal court?

Case Explainer, Supreme Court Oct 2018Mariam MorshediJanuary 14, 2019home depot, removal, civil procedure, federal court, state court, class actionComment

Henry Schein, Inc. v. Archer and White Sales, Inc.

Henry Schein, Inc. v. Archer and White Sales, Inc.

The arbitration court must decide whether the contract mandates arbitration.

Case Explainer, SCOTUS 2018 decisions, Supreme Court Oct 2018Mariam MorshediJanuary 14, 2019arbitration, federal arbitration act, faa, contractComment

Obduskey v. McCarthy & Holthus LLP

Obduskey v. McCarthy & Holthus LLP

Is the law firm a debt collector or just a party seeking foreclosure?

Case Explainer, Supreme Court Oct 2018Mariam MorshediJanuary 7, 2019consumer law, fdcpa, debt collection, debt collector, foreclosure, nonjudicial foreclosure, coloradoComment

Weyerhaeuser Company v. U.S. Fish and Wildlife Service

Weyerhaeuser Company v. U.S. Fish and Wildlife Service

The Supreme Court sends the environmental case back to the lower courts to review the agency’s “Critical Habitat” designation.

Supreme Court Oct 2018, Case ExplainerMariam MorshediJanuary 3, 2019environment, regulation, administrative law, chevron deference, agency, deference, frogs, supreme court, infographicComment

United States v. Stitt and United States v. Sims

United States v. Stitt and United States v. Sims

The defendants’ prior convictions count as burglary under the federal law.

Case Explainer, Supreme Court Oct 2018Mariam MorshediDecember 10, 2018criminal law, criminal, supreme court, ACCA, armed career criminal act, prior convictions, burglary, procedure, procedural law, criminal procedure Comments

Dawson v. Steager

Dawson v. Steager

Are retired Federal Marshalls entitled to the same tax benefits as West Virginia State Police Officers and Firefighters?

Case Explainer, Supreme Court Oct 2018Mariam MorshediNovember 30, 2018tax law, tax, tax immunity, separation of power, federalism, state sovereignty, retirement benefitsComment

Apple v. Pepper

Apple v. Pepper

Can iPhone App Store purchasers sue Apple for commission fees charged to app developers?

Case Explainer, Supreme Court Oct 2018John PesekNovember 23, 2018apple, consumer, anticomp, antitrust, clayton act, iPhone, App Store, illinois brickComment