Our short series of contextual reposts continues:
Although the state Supreme Courts have not attracted anything
near the level of study from academics engaged in empirical legal
studies that the U.S. Supreme Courts and Federal Circuits have a
number of different researchers have attempted to compare how
influential the various state courts are for the development of
American law. One of the first efforts was published in 1936 by
Rodney L. Mott, Judicial Influence (30 Am. Pol.
Sci. Rev. 295 (1936)). Using several different proxies for
influence, including law professors rankings, reprinting of a
court s cases in casebooks, citations by other state Supreme
Amicus Briefing May Help Get SCOTUS Attention on Growing 101
Morass
In one of the more closely-watched cases involving patent
eligibility,
American Axle v. Neapco, Judge Moore
recently highlighted how bitterly divided the Federal
Circuit is on patent eligibility, and predicted with a reasonable probability that the Supreme Court will step
in and force the Federal Circuit to reverse course on issues of
eligibility.
American Axle involving driveline propeller
shafts for automotive engines highlights the sharp divide in
how various Federal Circuit panels apply the Supreme Court s
eligibility guidelines and the resulting uncertainty that
inventors, patent owners, and accused infringers face in
Today, in her first published opinion on the Supreme Court, Justice Barrett delivered the majority opinion in U.S. Fish & Wildlife Serv. v. Sierra Club, Inc., No. 19-547 (U.S. Mar. 4, 2021).
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Declining to exercise supplemental jurisdiction, the United States District Court Central District of California (Central District) is addressing high frequency litigants who file lawsuits in federal court.
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Sometimes we get an opinion back from a court, and the reasoning leaves us scratching our heads and wondering, Where did that come from? In the opinion, the court has decided the case on something that neither party ever argued.
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This article launches a five-part series on Effective Mediation Techniques for Complex Cases. However, many of these same tactics can be deployed mediating most any type of case
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This week, we take a look at two Ninth Circuit decisions
wrestling with issues of statutory interpretation. In the
first, the Court considered the Securities Litigation Uniform
Standards Act s prohibition of state-law claims that might have
been brought as federal securities actions, in a case in which the
plaintiff actually did also bring federal securities-fraud
claims. In the second, a divided Ninth Circuit panel
addressed exactly what a defendant must know to be
convicted under the Clean Water Act for knowingly discharging a
prohibited substance into the waters of the United