Entries tagged: supreme court

Reflecting on Justice Kavanaugh’s Confirmation Hearings and the History of Politics in Supreme Court Nominations

By: Patrick McCormick, Esq. , Richard DeMaio, Esq.

Posted: November 20th, 2018

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The political drama surrounding Justice Kavanaugh’s confirmation captivated the public this fall. Across the country, people were glued to their screens watching the proceedings. But why? Fierce ideological debates and even allegations of sexual assault are not new to confirmation hearings. Throughout history, confirmation hearings have involved sexual assault allegations (Justice Thomas) and ideological disagreements […]

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You Can’t Have Your Cake and Travel Ban Too: Reconciling Religious Animus in Masterpiece Cakeshop v. Colorado Civil Rights Commission and Trump v. Hawaii

By: Patrick McCormick, Esq. , Richard DeMaio, Esq.

Posted: August 13th, 2018

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What do a baker and the President of the United States have in common? After reading two of the most highly anticipated opinions of the October 2017 term, Masterpiece Cakeshop v. Colorado Civil Rights Commission and Trump v. Hawaii, some might say the ability to restrict access based on religion. In these opinions, the Court […]

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Wayfair Decision Updates a 26-Year-Old Law for the Modern E-Commerce Marketplace

By: Christine Malafi, Esq.

Posted: June 29th, 2018

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Laws constantly evolve to adapt to modern society. Situations that were once impossible to imagine (such as buying hand soap from a distant warehouse at the click of a button and having it appear on your doorstep the next day) are now routine. As such, it is impossible to craft legal rules to anticipate the […]

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The Supremes: Hits and Misses

By: Patrick McCormick, Esq. , Richard DeMaio, Esq.

Posted: June 15th, 2018

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Nine unelected Supreme Court Justices are tasked with deciding the most important issues confronting our country. For better or for worse, we the people are beholden to the jurisprudence of nine politically unaccountable legal minds.  However, the minds of Supreme Court Justices are neither infallible nor uniformly programmed. Justices come to the bench with different […]

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The U.S. Supreme Court Delivers a Death Knell to the Alien Tort Statute

By: Jack Harrington, Esq.

Posted: June 13th, 2018

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On April 24, 2018, Justice Kennedy, writing the plurality opinion in Jesner et al. v. Arab Bank, Plc., 584 U.S. __ (2018), placed what might be the final nail in the coffin of the Alien Tort Statute (ATS).  In Jesner, the Court affirmed the U.S. Court of Appeals for the Second Circuit’s dismissal, which held […]

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Supreme Court Settles Important Taking Question

By: Frederick Eisenbud, Esq.

Posted: June 29th, 2017

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On June 23, 2017, in Murr v. Wisconsin, the U.S. Supreme Court addressed whether adjacent properties owned by the same owner may be combined for purposes of determining if there has been a regulatory taking without compensation. The Court ruled that a Wisconsin regulation preventing the owners of two adjacent parcels from selling or developing […]

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Dodd-Frank Anti-Retaliation: Headed to the Supreme Court?

By: Vincent Costa, Esq.

Posted: June 26th, 2017

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The Dodd-Frank Act, signed into law in 2010, established a program for whistleblowing related to securities and commodities law violations.  It created a private cause of action for whistleblowers to sue their employers for retaliation after reporting company misconduct.  However, federal circuit courts are split as to when employees are eligible for anti-retaliation protection under […]

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Supreme Court Limits Venue Shopping in Patent Cases

By: Eryn Truong, Esq.

Posted: June 26th, 2017

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The U.S. Supreme Court recently issued a unanimous decision that will limit the controversial practice of “venue shopping” by plaintiffs who pick court locations they believe will be more favorable to their case, and who unnecessarily drag defendants into patent disputes in a faraway venue in the process.  The decision has important implications for businesses […]

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Ensuring Uniform Application of the Fair Housing Act

By: Joe Campolo, Esq. , Lauren Kanter-Lawrence, Esq.

Posted: June 20th, 2017

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“End the unnecessary exclusion of persons with handicaps from the American mainstream”[1]: Safe Harbor Retreat’s Efforts to Ensure Uniform Application of the Fair Housing Act Editor-in-Chief: Patricia E. Salkin, Esq. Managing Editor: Emily Howard, Esq. Under the Fair Housing Act, when does the denial of an applicant’s request for a reasonable accommodation become justiciable?  The answer […]

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Damages Dispute in Design Patent Case Heats Up

By: Eryn Truong, Esq.

Posted: January 27th, 2017

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As design patents become a more popular method for businesses to protect their products, how damages are determined in the highly-publicized Samsung v. Apple litigation will merit close attention this year. In early December 2016, the Supreme Court reversed the lower court’s decision that forced Samsung to pay $399 million in profits for violating three […]

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