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Federal agencies claim immunity from suit under the Fair Credit Reporting Act

Monday’s argument in U.S. Department of Agriculture Rural Development Rural Housing Service v. Kirtz presents a routine statutory drafting problem arising out of a run-of-the-mill consumer lending dispute. The Rural Housing Service in the Department of Agriculture lends money to promote the developm
United States Reginald Kirtz Thomas Hawk Ronald Mann Rural Housing Service Department Of Public Health Welfare

Court likely to reject "Trump too small" trademark claim

Wednesday’s argument in Vidal v. Elster involved a provision in the federal Lanham Act that directs the Patent and Trademark Office, the entity that registers federal trademarks, to refuse to register any mark that identifies “a particular living individual.” In this case, Steve Elster argued that t
Justice Ketanji Brown Jackson Donald Trump Justice Roberts Ronald Mann Malcom Stewart Justice Sonia Sotomayor

Must federal government permit "Trump too small" trademark?

Wednesday’s argument in Vidal v. Elster is the third in a series of First Amendment challenges to provisions of the Lanham Act that bar registration of various kinds of scurrilous marks. In the first, Matal v. Tam, the Supreme Court held that it violated the First Amendment to refuse registration fo
United States Elizabeth Prelogar Rena Schild Ronald Mann Donald Trump Steve Elster

Justices favor reliable enforcement of choice-of-law clauses in maritime insurance contracts

As the hour of this morning’s argument in Great Lakes Insurance v Raiders Retreat Realty progressed, it seemed to become more and more clear how the justices will resolve this case. The question – whether state or federal law should govern the enforceability of maritime choice-of-law clauses – at fi
New York United States Justice Sonia Sotomayor Ronald Mann Justice Ketanji Brown Jackson Neil Gorsuch

Justices to consider choice-of-law clauses in maritime insurance contracts

Tuesday’s argument in Great Lakes Insurance v. Raiders Retreat Realty offers a breather between the divisive disputes about the CFPB and voting rights topping the headlines at the advent of the October Term 2023. Perhaps some of the justices will even enjoy a return to their law-school days, as they
United States New York State Of New York Kermit Roosevelt Wally Gobetz Ronald Mann

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A president and a justice: The shaping of securities law at the Supreme Court

So many books cover the work of the Supreme Court that the Journal of Supreme Court History can review several of them in each issue. The overwhelming majority of those books, though, analyze the work of the court interpreting the Constitution. The court’s other task -- interpreting federal statutes
United States David Currie Robert Thompson Justice William Douglas George Washington Roberts Oakes

Justices rule lower courts must put trial proceedings on hold during arbitration appeal

Friday’s decision in Coinbase v. Bielski has a familiar ring to it: A narrow majority of the justices reversed a ruling of the U.S. Court of Appeals for the 9th Circuit in California that had rejected a party’s efforts to force a putative class action out of court and into arbitration. The result of
United States Elena Kagan Sonia Sotomayor Abraham Bielski Justice Ketanji Brown Jackson Justice Clarence Thomas

Justices reject tribal immunity from bankruptcy stay

On Thursday in Lac du Flambeau Band of Lake Superior Chippewa Indians v. Coughlin, the Supreme Court held that Native American tribes are not immune from the automatic stay of the Bankruptcy Code. The decision is in no way surprising, as it merely obligates creditors operated by Native American trib
United States Ronald Mann Justice Neil Gorsuch Justice Ketanji Brown Jackson Supreme Court Flambeau Band

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