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PATENT LAW 

Published: April 17, 2012

Tags: patent, Supreme Court

A generic drug manufacturer may employ the counterclaim provision of the Hatch-Waxman Act to force correction of a use code that inaccurately describes the brand’s patent as covering a particular method of using a drug.

U.S. Supreme Court. Caraco Pharmaceutical Laboratories, Ltd. v. Novo Nordisk A/S, No. 10-844. April 17, 2012. Lawyers USA No. 993-3730.

CIVIL RIGHTS 

Published: April 17, 2012

Tags: qualified immunity, §1983

A private lawyer can claim qualified immunity from a suit under §1983 over his actions in representing a public employer in an internal affairs investigation.

See “Private lawyer is immune from suit under §1983”

U.S. Supreme Court. Filarsky v. Delia, No. 10-1018. April 17, 2012. Lawyers USA No. 993-3729.

FOURTH AMENDMENT 

Published: April 2, 2012

Tags: Fourth Amendment, search and seizure, strip search, Supreme Court

Jailhouse strip searches of inmates arrested for non-indictable offenses are constitutional as long as the policy for conducting such searches strikes a reasonable balance between inmate privacy and the needs of the institution.

See “Supreme Court OKs strip searches for minor offenses”

U.S. Supreme Court. Florence v. Board of Chosen Freeholders of the County of Burlington, No. 10-945. April 2, 2011. Lawyers USA No. 993-3690.

CIVIL RIGHTS 

Published: April 2, 2012

Tags: civil rights, §1983

A government investigator was entitled to absolute immunity from liability for allegedly providing false testimony to a grand jury.

See “Witness isn’t liable for false grand jury testimony”

U.S. Supreme Court. Rehberg v. Paulk, No. 10-788. April 2, 2012. Lawyers USA No. 993-3689.

EVIDENCE 

Published: April 2, 2012

Tags: evidence, harmless error, Supreme Court

The U.S. Supreme Court has dismissed as improvidently granted a case raising the issue of when erroneously admitting hearsay evidence is harmless error.

See previously “Supreme Court considers harmless error standard”

U.S. Supreme Court. Vasquez v. U.S., No. 11-199. April 2, 2012. Lawyers USA No. 993-3688.

SENTENCING 

Published: March 28, 2012

Tags: sentencing

A U.S. District Court has the authority to order that a federal criminal sentence run consecutively to an anticipated state sentence that has yet to be imposed.

See “High Court holds federal courts have discretion to order consecutive state, federal sentences.”

U.S. Supreme Court. Setser v. U.S., No. 10-7387. March 28, 2012. Lawyers USA No. 993-3675.

PRIVACY ACT 

Published: March 28, 2012

Tags: Privacy Act

The Privacy Act does not unequivocally authorize damages for mental or emotional distress and therefore, the Government has not waived sovereign immunity for such claims.

See “Justices hold Privacy Act doesn’t cover mental, emotional damages.”

U.S. Supreme Court. Federal Aviation Administration v. Cooper, No. 10-1024. March 28, 2012.  Lawyers USA No. 993-3676.

IMMIGRATION 

Published: March 28, 2012

Tags: immigration

An immigration statute limiting a legal permanent resident’s right of reentry does not apply retroactively to a felony conviction before the effective date of the law.

See “Immigration travel ban isn’t retroactive”

U.S. Supreme Court. Vartelas v. Holder, No. 10-1211. March 28, 2012. Lawyers USA No. 993-3674.

SECURITIES LAW 

Published: March 26, 2012

Tags: securities law

The two-year statute of limitations period under §16(b) of the Securities Exchange Act begins to run when the plaintiff becomes aware of the facts underlying the claim, not upon an insider’s filing of a disclosure statement required by the Act.

See “Justices rule on statute of limitations for securities suits.”

U.S. Supreme Court. Credit Suisse Securities LLC v. Simmonds, No. 10-1261. March 26, 2012. Lawyers USA No. 993-3666.

FOREIGN RELATIONS AUTHORIZATION ACT 

Published: March 26, 2012

Tags: Foreign Relations Authorization Act

The political question doctrine does not bar courts from determining whether the Foreign Relations Authorization Act permits U.S. citizens born in Jerusalem to request that their passports state they were born in “Israel.”

U.S. Supreme Court. Zivotofsky v. Clinton, No. 10-699.March 26, 2012.  Lawyers USA No. 993-3665.