FAIR HOUSING ACT 
Published: June 18, 2013
Tags: disparate impact, Fair Housing Act, U.S. Supreme Court
Are disparate impact claims cognizable under the Fair Housing Act?
See “Does Fair Housing Act permit disparate impact claims?”
Mount Holly v. Mount Holly Gardens Citizens in Action, No. 11-1507. Certiorari granted: June 17, 2013. Ruling below: 658 F.3d 375 (3rd Cir. 2011).
LANHAM ACT
Published: June 3, 2013
What factors determine whether a claimant has standing to sue for false advertising under the Lanham Act?
See “Supreme Court will decide standing factors in Lanham Act claims”
U.S. Supreme Court. Lexmark International Inc. v. Static Control Componenets, No. 12-873. Certiorari granted June 3, 2013. Ruling below: Static Control Components v. Lexmark International Inc., 697 F.3d 387 (6th Cir. 2012).
Supreme Court will decide standing factors in Lanham Act claims
Published: June 3, 2013
Tags: Lanham Act
The U.S. Supreme Court has agreed to decide the factors that determine whether a party has standing to sue for false advertising under the Lanham Act.
Justices take aiding and abetting gun case
Published: May 28, 2013
Tags: aiding and abetting, circuit split, Criminal Law, firearms, U.S. Supreme Court
WASHINGTON – The U.S. Supreme Court has agreed to decide just what elements are necessary to prove aiding and abetting liability for one of the most common federal crimes: the use or possession of a gun during a drug-related or violent offense.
CLASS ACTION FAIRNESS ACT
Published: May 28, 2013
Is a state law-based parens patriae action removable as a “mass action” under the Class Action Fairness Act when the state is the sole plaintiff?
See “Court to decide if state claim is ‘mass action’ under CAFA.”
Mississippi ex rel. Hood v. AU Optronics Corp., No. 12-1036.Certiorari granted: May 28, 2013. Ruling below: 701 F.3d 796. (5th Cir. 2012).
CRIMINAL LAW
Published: May 28, 2013
Does the offense of aiding and abetting the use of a firearm during a violent or drug crime require proof of intentional facilitation or encouragement of the use of the firearm, or simple knowledge that the principal used a firearm during the crime?
See “Justices take aiding and abetting gun case.”
Rosemond v. U.S., No. 12-895.Certiorari granted: May 28, 2013. Ruling below: 695 F.3d 1151 (10th Cir. 2012).
INTELLECTUAL PROPERTY
Published: May 21, 2013
Tags: intellectual property, licensee, noninfringement, patents
Does a patentee bear the burden of proving infringement when a licensee brings a declaratory judgment action to establish non-infringement?
See “Court to clarify burden of proof in Medtronic ‘non-infringement’ action”
Medtronic, Inc. v. Boston Scientific Corp., No. 12-1128. Certiorari granted: May 20, 2013. Ruling below: 695 F.3d 1266 (Fed.Cir. 2012).
SEARCH AND SEIZURE
Published: May 20, 2013
Tags: consent search, Fourth Amendment, Georgia v. Randolph, search and seizure, U.S. Supreme Court
Must a tenant who previously objected to a warrantless search of an apartment be personally present and objecting to prevent a search when police officers later ask a co-tenant for consent to search?
See “Justices to decide if co-tenant’s consent to search override’s prior objection”
Fernandez v. California, No. 12-7822. Certiorari granted: May 20, 2013. Ruling below: 28 Cal.App.4th 200 (2012).
FEDERAL PREEMPTION
By:
Kimberly Atkins
Published: May 20, 2013
Does the preemption provision in the Airline Deregulation Act of 1978 preclude a state law contract claim based on the doctrine of good faith and fair dealing?
See “Court takes up peeved airline flyer’s preemption case.”
Northwest Inc. v, Ginsberg, No. 12-462.Certiorari granted: May 20, 2013. Ruling below: 653 F.3d 1033 (9th Cir. 2012).
ESTABLISHMENT CLAUSE
Published: May 20, 2013
Tags: U.S. Supreme Court
Does a legislative prayer practice violate the Establishment Clause notwithstanding the absence of discrimination in the selection of prayer-givers or forbidden exploitation of the prayer opportunity?
See “Court takes up constitutionality of town meeting prayer.”
Town of Greece v. Galloway, No. 12-696.Certiorari granted: May 20, 2013. Ruling below: 681 F.3d 20. (2nd Cir. 2012).
