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June 9, 2023
Thursday’s decision in Jack Daniel's Properties v. VIP Products firmly rejected the use of the Jack Daniel’s trademarks by a manufacturer selling a line of dog toys that mock various beverage manufacturers. The one at issue here copies numerous elements of the famous Jack Daniel’s bottle. In the wor
June 1, 2023
As expected, Thursday’s decision in Slack Technologies v. Pirani rejected a lower-court ruling that had substantially broadened liability for publicly traded companies under Section 11 of the Securities Act of 1933. That provision imposes liability for false or misleading material in a statement reg
May 20, 2023
Thursday’s decision in Andy Warhol Foundation for the Visual Arts v. Goldsmith provides a major statement in the role that copyright law plays in fostering artistic creativity, as the court upheld the claim of a famed celebrity photographer, Lynn Goldsmith, that the Andy Warhol estate infringed her
May 17, 2023
Thursday’s decision in Financial Oversight & Management Board for Puerto Rico v. Centro de Periodismo Investigativo took the straight and narrow approach to resolving the case. Ignoring the threshold questions on which the court had not granted review and applying a longstanding clear-statement
May 15, 2023
Thursday’s decision in Financial Oversight & Management Board for Puerto Rico v. Centro de Periodismo Investigativo took the straight and narrow approach to resolving the case. Ignoring the threshold questions on which the court had not granted review and applying a longstanding clear-statement
April 26, 2023
Monday’s arguments in Lac du Flambeau Band v. Coughlin revealed a bench deeply skeptical of the argument that Native American tribes should be exempt from the automatic stay of the Bankruptcy Code even though the federal and state governments are not. The case involves an online payday lending oper
April 24, 2023
The case is one of the simplest the justices will hear this year, because it involves no constitutional questions and, in truth, only the interpretation of a single phrase of a single statutory provision.
April 21, 2023
Monday’s arguments in Lac du Flambeau Band v Coughlin takes the justices back once again to the question of tribal immunity. The specific question in this case is whether the Bankruptcy Code is sufficiently clear to abrogate the sovereign immunity of a federally recognized Indian tribe. To put the
April 20, 2023
If the justices’ comments during Wednesday’s argument in New York v. New Jersey shed any light on whether New Jersey has a unilateral right to withdraw from the commission that regulates the Port of New York and New Jersey, New York is facing an uphill battle in convincing the justices that it can f
April 20, 2023
At first glance, Wednesday’s decision in MOAC Mall Holdings LLC v. Transform Holdco LLC resolves a technical question of bankruptcy law, holding that courts should not treat as “jurisdictional” a provision limiting the relief available when an appellate court disagrees with a trial court order auth