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Archives

  • Class Actions—Appellate Jurisdiction

    Microsoft Corp. v. Baker, No. 15-457 When a federal district court grants or denies class certification, Federal Rule of Civil Procedure 23(f) allows the losing party to ask the court of appeals for permission to appeal immediately.  Otherwise, the parties must litigate the case to a final judgment—the named plaintiffs’ individual claims if certification has been […]

  • Federal Civil Procedure—Intervention—Article III Standing

    Town of Chester v. Laroe Estates, Inc., No. 16-605 Federal Rule of Civil Procedure 24(a)(2) entitles an individual to intervene in pending litigation if that individual “claims an interest relating to the property or transaction that is the subject of the action” and cannot otherwise protect his interests.  Answering a question that it had left […]

  • Securities Law—Statute of Limitations

    Kokesh v. SEC, No. 16-529 Except where Congress has provided otherwise, a five-year limitations period applies to any “action, suit or proceeding for the enforcement of any civil fine, penalty, or forfeiture, pecuniary or otherwise.”  Today, the Supreme Court held unanimously through an opinion by Justice Sotomayor that claims for disgorgement imposed as a sanction […]

  • ERISA—Church Plans

    Advocate Health Care Network v. Stapleton, No. 16-74 ERISA regulates retirement and welfare benefit plans sponsored by most—but not all—employers.  Today, the Supreme Court held unanimously that ERISA’s “church plan” exemption shields religiously affiliated organizations (like hospitals) from the statute’s requirements, and not just the churches themselves.  The statute defines a “church plan” as “a […]

  • Federal Employer’s Liability Act—Personal Jurisdiction

    BNSF R. Co. v. Tyrrell, No. 16-405 A defendant may be sued only in jurisdictions that have “personal jurisdiction” over the defendant. The scope of personal jurisdiction is important because it limits a plaintiff’s ability to engage in forum shopping. This Term, the Supreme Court is considering two important personal-jurisdiction cases, BNSF R. Co. v. […]

  • Intellectual Property—Patent Exhaustion

    Impression Products, Inc. v. Lexmark Int’l, Inc., No. 15-1189 The doctrine of patent exhaustion holds that, after the first authorized sale of a patented article, the patent rights in that particular article are exhausted and the patentee cannot exert any further control over the article under patent law. Today, the Supreme Court held that this […]

  • Hague Service Convention—International Service of Process

    Water Splash, Inc. v. Menon, No. 16-254 The Hague Convention on the Service Abroad of Judicial and Extrajudicial Documents in Civil or Commercial Matters—to which the United States is a party—addresses the service of judicial documents among member states.  Generally speaking, when the Hague Service Convention applies, certain methods of service are approved and inconsistent […]

  • Patent Act—Venue

    TC Heartland LLC v. Kraft Food Brands Group LLC, No. 16-341 The patent venue statute, 28 U.S.C. § 1400(b), permits a patent infringement action to be brought “in the judicial district where the defendant resides, or where the defendant has committed acts of infringement and has a regular and established place of business.”  Although the […]

  • Fair Debt Collection Practices Act—Time-Barred Debts

    The Fair Debt Collection Practices Act (FDCPA) prohibits a debt collector from using a “false, deceptive, or misleading representation or means in connection with the collection of any debt” and prohibits a debt collector from using “unfair or unconscionable means to collect or attempt to collect any debt.” 15 U.S.C. §§ 1692e, 1692f.  Today, the […]

  • Federal Arbitration Act—Preemption of State Law

    Kindred Nursing Centers L.P. v. Clark, No. 16-32 The Federal Arbitration Act (FAA) requires courts to place arbitration provisions on an equal footing with other contract terms.  In the decision under review, the Kentucky Supreme Court had refused to enforce two arbitration provisions executed by individuals holding powers of attorney, because the power-of-attorney documents did […]

  • Fair Housing Act—Aggrieved Persons

    Bank of America Corp. v. City of Miami, No. 15-1111 Wells Fargo & Co. v. City of Miami, No. 15-1112 The Fair Housing Act permits any “aggrieved person” to file a civil action to seek damages for violations of the statute, defining “aggrieved person” to include “any person who … claims to have been injured […]

  • Foreign Sovereign Immunities Act—Pleading Standards

    Venezuela v. Helmerich & Payne Int’l Drilling Co., No. 15-423 Although foreign sovereigns are generally immune from defending themselves in U.S. federal and state courts, their immunity is subject to certain exceptions.  Under the expropriation exception, foreign sovereigns are subject to jurisdiction in cases involving rights in property taken in violation of international law.  Today, […]

  • Federal Employees Health Benefits Act—Preemption of State Law

    Coventry Health Care of Missouri, Inc. v. Nevils, No. 16-149 To provide health benefits to federal employees, the Federal Employees Health Benefits Act (FEHBA) authorizes the Office of Personnel Management to contract with private insurers. Those contracts require insurers to seek subrogation or reimbursement when covered employees injured by third parties receive payments from those […]

  • Due Process—Civil Sanctions

    Goodyear Tire & Rubber Co. v. Haeger, No. 15-1406 After Goodyear Tire & Rubber Co. conceded withholding damaging information that was responsive to discovery requests, a federal district court entered sanctions, requiring Goodyear to pay the plaintiffs’ attorneys’ fees from the time of the first misrepresentation to the end of the case.  The district court […]

  • Copyright Act—Useful Articles

    Star Athletica, LLC v. Varsity Brands, Inc., No. 15-866 The Copyright Act does not protect the “design of a … useful article,” but the “pictorial, graphic, or sculptural features” of a useful article can be copyrighted if they can be “identified” and “exist[] independently of the utilitarian aspects of the article.” 17 U.S.C. § 101. In Star […]

  • Bankruptcy Code—Structured Dismissals

    Czyzewski v. Jevic Holding Corp., No. 15-649 A business may file for bankruptcy under either Chapter 7 or Chapter 11.  In a Chapter 7 bankruptcy, a trustee liquidates the debtor’s assets and distributes those assets to the creditors.  In a Chapter 11 bankruptcy, the debtor and creditors try to negotiate a plan that permits the […]

  • Patent Act—Laches Defense

    SCA Hygiene Products Aktiebolag v. First Quality Baby Products, LLC, No. 15-927 The equitable defense of laches bars a plaintiff’s claim if the plaintiff has unreasonably delayed filing suit to the prejudice of the defendant.  In Petrella v. Metro-Goldwyn-Mayer, Inc., the Supreme Court ruled that no such defense was available in a copyright action.  Today, […]

  • Patent Act—Infringement by Exportation of Components

    Life Technologies Corp. v. Promega Corp., No. 14-1538 In an effort to curb efforts to circumvent patent protection, the Patent Act imposes liability for infringement on anyone who supplies “all or a substantial portion” of a patented invention’s components from the United States for combination overseas. 35 U.S.C. s 271(f)(1). The Federal Circuit had held […]

  • Bank Fraud—Fraud Against Bank By An Employee

    Shaw v. United States, No. 15-5991 A unanimous Court today clarified the scope of the federal bank fraud statute, rejecting several efforts to narrow the subsection that criminalizes the knowing execution of a scheme “to defraud a financial institution.” 18 U.S.C. s 1344(1). Petitioner Shaw had fraudulently transferred funds from a bank customer’s account to […]

  • Patent Act—Design Patent Damages

    Samsung Electronics Co. v. Apple Inc., No. 15-777 The Patent Act provides that, when a design patent is infringed, the patentee may recover the infringer’s “total profit” as to the relevant “article of manufacture.” In the context of a multi-component good, the Federal Circuit had adopted a blanket rule that only a finished good sold […]