Entries tagged: supreme court

Supreme Court Preview

By: Lauren Kanter-Lawrence, Esq.

Posted: August 26th, 2015

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Following an action-packed few weeks in June before summer break, the Supreme Court will begin its next session on October 5, 2015.  While the upcoming cases on the docket may not have generated the same attention as the major decisions reached at the end of the last term—when the Court weighed in the constitutional right […]

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Supreme Court Rules that Attorneys Cannot be Awarded Attorneys’ Fees in Defending Their Own Fee Applications

By: Lauren Kanter-Lawrence, Esq.

Posted: June 22nd, 2015

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Dating back at least to the 18th century, the “American Rule” provides that each litigant pays his or her own attorneys’ fees, regardless of the outcome, unless provided otherwise by statute or a contract between the parties.  Justice Thomas, writing for the majority in the Supreme Court’s June 15, 2015 decision in Baker Botts v. […]

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Supreme Court to Decide Whether Patent Holders Are Entitled to Royalties After Patents Expire

By: Lauren Kanter-Lawrence, Esq.

Posted: May 20th, 2015

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If a primary purpose of the patent system is to encourage innovation and the disclosure of new ideas, should patent holders receive royalty payments once their patents have expired?  The Supreme Court heard arguments on this question on March 31, 2015. The case stems from a Spiderman string-shooting toy for which Stephen Kimble obtained a […]

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United States Supreme Court Rules on the Accommodation of Pregnant Workers

By: Christine Malafi, Esq.

Posted: May 20th, 2015

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Last year, I wrote about the then-new pregnancy guidelines issued by the Equal Employment Opportunity Commission (EEOC), under the Pregnancy Discrimination Act (PDA) and the Americans with Disability Act (ADA), which apply to all employers with more than fifteen employees. While a “normal” pregnancy does not constitute a disability under the ADA, it is a […]

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Professional Licensing Boards Not Automatically Immune from Antitrust Litigation

By: Lauren Kanter-Lawrence, Esq.

Posted: March 18th, 2015

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Would you have your teeth whitened at the mall? Apparently, so many people were happily squeezing in teeth whitening on their shopping trips (as well as in other non-traditional venues such as salons and spas) that local dentists complained to the North Carolina State Board of Dental Examiners that they were losing patients to non-dentists […]

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Aereo Update: Case Volleys Back to Trial Court

By: Lauren Kanter-Lawrence, Esq.

Posted: November 24th, 2014

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This blog has previously reported on American Broadcasting Co. v. Aereo, a dispute between television broadcasters and a start-up that distributed broadcast signals through a network of small antennas in a “cloud.” For around $10 a month, subscribers could record shows and watch live and recorded programming from their mobile devices. In June, finding that Aereo’s […]

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Broadcast Networks Prevail in Aereo Suit

By: Lauren Kanter-Lawrence, Esq.

Posted: August 22nd, 2014

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My January blog post reported that the Supreme Court had recently agreed to hear the case American Broadcasting Co. v. Aereo, focusing on the dispute between television broadcasters and Aereo, a start-up that distributed broadcast signals through a network of small antennas in a “cloud.” Subscribers, who paid between $8 and $12 per month, could use […]

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Supreme Court Rules That Inherited IRAs Are Not Protected in Bankruptcy

Posted: August 9th, 2014

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If you follow my blog, you know that I’m not much on spouting case law. But every so often a case comes along in the estate planning arena that’s worthy of passing along. In a unanimous decision on June 12, 2014, the Supreme Court of the United States, in Clark v. Rameker (June 12, 2014, No. […]

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Supreme Court Holds that Competitors May Bring False Advertising Claims Challenging Food and Beverage Labels Regulated by the FDA

By: Lauren Kanter-Lawrence, Esq.

Posted: June 10th, 2014

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Perhaps Coca-Cola should stick to soda. A unanimous Supreme Court held this month that competitors may bring false advertising claims under the federal Lanham Act – even if the challenge is to food and beverage labels regulated by the Food and Drug Administration under the federal Food, Drug, and Cosmetic Act (“FDCA”) (which prohibits the […]

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Delaware’s Bid to Offer Confidential Arbitration Heard by Sitting Judges

By: Lauren Kanter-Lawrence, Esq.

Posted: April 27th, 2014

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Delaware’s unique effort to offer private arbitration presided over by sitting judges to those who could afford it officially ended last month when the United States Supreme Court declined to hear arguments as to whether lower court rulings barring the program should be reversed. Delaware, which has long enjoyed a business-friendly reputation and whose Court of […]

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