Entries tagged: supreme court

Supreme Court to Hear Case Challenging the Face of Broadcast Television

By: Lauren Kanter-Lawrence, Esq.

Posted: January 18th, 2014

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Just about the only thing that the broadcast networks and the founders of Aereo—a service that sells live television programming online—can agree on is that the technology will fundamentally change the broadcast network business. On January 10, 2014, the Supreme Court agreed to hear the dispute between television broadcasters and Aereo, a New York-based technology start-up […]

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Supreme Court Sharpens Focus on Arbitration and Class Actions

By: Lauren Kanter-Lawrence, Esq.

Posted: October 28th, 2013

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This blog previously explored the Supreme Court’s June 2013 decision in American Express Co. v. Italian Colors Restaurant, in which the Court validated the credit card company’s contract with merchants mandating arbitration and eliminating the possibility of a class action (a result Justice Elena Kagan memorably described as “Too darn bad”). Shortly before deciding the apparently […]

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Supreme Court Defines “Supervisor” for Purposes of Harassment Claims

By: Lauren Kanter-Lawrence, Esq.

Posted: July 22nd, 2013

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An employer’s liability for workplace harassment could turn on whether the harasser meets the Supreme Court’s newly adopted definition of “supervisor” of the victim, according to the Court’s opinion in Vance v. Ball State University, handed down on June 24, 2013. Petitioner Maetta Vance, an African-American woman, had worked in the Ball State’s Banquet and Catering […]

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Supreme Court Focuses on Arbitrations and Class Actions

By: Lauren Kanter-Lawrence, Esq.

Posted: June 23rd, 2013

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According to Justice Elena Kagan, the Supreme Court’s recent decision confirming a corporation’s ability to require arbitration in the event of a dispute is “Too darn bad.” The June 20, 2013 decision in American Express Co. v. Italian Colors Restaurant (No. 12-133) considered the situation of an Oakland, California restaurant which, along with other merchants, had […]

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With a Little Help from My Friends: Study Finds the Roberts Supreme Court the Friendliest Court to Business in Decades

By: Lauren Kanter-Lawrence, Esq.

Posted: May 28th, 2013

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The decisions of the current Supreme Court are the friendliest to business of any court since World War II, according to a recent study published in the Minnesota Law Review. In “How Business Fares in the Supreme Court,” Lee Epstein, William M. Landes, and Richard A. Posner discuss their analysis of nearly 2,000 decisions from […]

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Supreme Court Holds that the “First Sale” Doctrine Applies to Copies of Copyrighted Works Lawfully Made Abroad

By: Lauren Kanter-Lawrence, Esq.

Posted: April 21st, 2013

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Copyrighted works imported into the United States from abroad are subject to the same “first-sale” rules as items purchased in the United States, according to a Supreme Court decision issued last month (Kirtsaeng v. John Wiley & Sons, Inc., No. 11-697). Supap Kirtsaeng, a citizen of Thailand, came to the United States in 1997 to […]

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Covenant Not to Sue Forestalls Trademark Invalidity Claim

By: Eryn Truong, Esq.

Posted: January 21st, 2013

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On January 9, 2013, the U.S. Supreme Court in Already, LLC v. Nike, Inc. unanimously ruled that Already could not dispute the validity of one of Nike’s trademarks after Nike agreed not to sue the company for infringement. Nike sued Already, a designer and marketer of athletic footwear, for trademark infringement and Already counterclaimed to […]

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Employers: Beware of the Cat’s Paw

By: Arthur Yermash, Esq.

Posted: April 11th, 2011

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On March 1, 2011, the US Supreme Court issued an important decision affirming the viability of the “cat’s paw” theory of liability against employers in employment discrimination cases. Under the cat’s paw theory, an employer may be liable for discrimination against an employee when a supervisor is motivated by bias against the specific employee; performs […]

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