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).
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).
INDIGENT DEFENSE
Published: May 13, 2013
Tags: U.S. Supreme Court
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 Ruling below: Unpublished, 2012.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
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
Published: April 22, 2013
Tags: corporations, personal jurisdiction, U.S. Supreme Court
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
Published: April 16, 2013
Tags: ERISA, long-term disability benefits, statute of limitations, U.S. Supreme Court
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
Published: April 15, 2013
Tags: abstention, U.S. Supreme Court, Younger abstention
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
Published: April 2, 2013
Tags: contracts, Federal Rules of Civil Procedure, forum selection clause, U.S. Supreme Court
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
Published: March 25, 2013
Tags: taxation, U.S. Supreme Court
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).
