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INTELLECTUAL PROPERTY (access required)

Published: May 21, 2013

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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 (access required)

Published: May 20, 2013

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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).

ESTABLISHMENT CLAUSE (access required)

Published: May 20, 2013

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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).

 

INDIGENT DEFENSE (access required)

Published: May 13, 2013

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Did the 6th U.S. Circuit Court of Appeals err in holding that the in forma pauperis statute prohibits indigent plaintiffs from amending their complaints?

Burnside v. Walters, No. 12-7892.Certiorari granted:  May 13, 2013. Ruling below: Unpublished, 2012.

 

CRIMINAL LAW (access required)

Published: April 29, 2013

Is the crime of distributing drugs causing death a strict liability crime, and can jury instructions allow conviction when heroin contributed to death but was not the sole cause of the death?

Burrage v. United States, No. 12-7515.Certiorari granted:  April 29, 2013. Ruling below: 687 F.3d 1015 (8th Cir. 2012).

 

PERSONAL JURISDICTION (access required)

Published: April 22, 2013

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Does it violate due process for a court to exercise general personal jurisdiction over a foreign corporation based solely on the fact that an indirect corporate subsidiary performs services on behalf of the defendant in the forum state?

DaimlerChrysler v. Bauman, No. 11-965. Certiorari granted: April 22, 2013. Ruling below: 644 F.3d 909 (9th Cir. 2011).

ERISA (access required)

Published: April 16, 2013

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When does the statute of limitations accrue for the judicial review of an ERISA disability benefits adverse determination?

See “Court to decide when clock begins to run in ERISA suit

Heimeshoff v. Hartford Life & Accident Insurance, No. 12-729. Certiorari granted: April 15, 2013. Ruling below: 496  Fed. Appx. 129 (2nd Cir. 2012).

ABSTENTION (access required)

Published: April 15, 2013

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Should a federal court abstain from hearing a matter pursuant to Younger v. Harris (401 U.S. 37) when there is an ongoing, related state proceeding that is “remedial” rather than “coercive” in nature?

Sprint Communications v. Jacobs, No. 12-815. Certiorari granted: April 15, 2013. Ruling below: 690 F.3d  864 (8th Cir. 2012).

CONTRACTS (access required)

Published: April 2, 2013

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Should a federal court subject a contractual forum selection clause to a balancing-of-conveniences analysis, even when it designates a specific alternative federal forum?

See “Court to decide if forum selection clause enforceable

Atlantic Marine Construction v. U.S. District Court for the Western District of Texas, No. 12-929. Certiorari granted: April 1, 2013. Ruling below: 701 F.3d 736 (5th Cir. 2012).

TAXATION (access required)

Published: March 25, 2013

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Does the Internal Revenue Code’s penalty for an underpayment of federal income tax that is “attributable to” an overstatement of basis in property apply to an un­derpayment resulting from an IRS determination that a transaction lacks economic substance?

See “Court to decide if tax penalty applies to underpayment

U.S. v. Woods, No. 12-562. Certiorari granted: March 25, 2013. Ruling below: 471 Fed. Appx. 320 (5th Cir. 2012).

 

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