Supreme Court

Non-unanimous acquittals and attorney-client privilege

Non-unanimous acquittals and attorney-client privilege

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This week we highlight cert petitions that ask the Supreme Court to consider, among other things, whether the justices’ decision to prevent non-unanimous convictions in Louisiana also prohibits Puerto Rico from authorizing non-unanimous acquittals, and whether a law firm can protect under attorney-client privilege communications for which legal advice was a significant, but not primary, purpose.

After Ramos, criminal defendant asks justices to preserve non-unanimous acquittals in Puerto Rico

In Ramos v. Louisiana, the Supreme Court ruled … Read the rest

Civil Law

More PTAB Arthrex Remands?

New Director to Review Hirshfeld Decisions?

Patent Owners that had the option to avail themselves of the new Director Review process under former interim Director Hirshfeld have been crying foul to the Federal Circuit. Their argument being that the Arthrex holding required a Senate confirmed Director Review, and that an interim Director (promoted from within) did not meet that criteria. Argument was heard a month or so back at the Federal Circuit on this issue.

Since that time, Senate confirmed … Read the rest

Supreme Court

The morning read for Wednesday, May 18

The morning read for Wednesday, May 18

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Each weekday, we select a short list of news articles, commentary, and other noteworthy links related to the Supreme Court. To suggest a piece for us to consider, email us at roundup@scotusblog.com.

Here’s the Wednesday morning read:

  • The Supreme Court green-lights political corruption — again (Editorial, The Washington Post)
  • Ted Cruz, the Supreme Court and $ 10,000 (Editorial, The Wall Street Journal)
  • The Supreme Court Needs an Ethics Code (Bob Bauer, The Atlantic)
  • Samuel Alito: One Angry Man (Aziz
… Read the rest
Supreme Court

Justices grant review in two cases that test jurisdiction of district courts

Justices grant review in two cases that test jurisdiction of district courts

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The Supreme Court on Monday added two new cases, both involving the jurisdiction of federal district courts, to the merits docket for the 2022-23 term. And the justices called for the federal government’s views in two more cases, involving a school board’s responsibility for student-on-student sexual harassment and pleading requirements in cases brought under the False Claims Act.

In Securities and Exchange Commission v. Cochran, the justices agreed to decide whether federal district courts have the power to … Read the rest

Civil Law

Remember the Pandemic? Latest Wave Causes New Issues for Employers

It’s not over.

We all knew that, though some of us — including me — were hoping for a least a bit of a respite during the spring and summer months.

No such luck.  Indeed, after two years of avoiding the illness, we recently had a “visit” of COVID to our house; thankfully, the one family member who got it had fairly mild symptoms.

This latest wave is a bit stealthier because of the widespread use of at-home tests and … Read the rest

Supreme Court

Tech industry asks court to block Texas law that targets social media companies

Tech industry asks court to block Texas law that targets social media companies

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Two technology trade groups came to the Supreme Court on Friday night, asking the justices to block a controversial Texas law that bars large social media platforms like Facebook and Twitter from moderating speech based on the viewpoints of their users. Describing the law as an “undisguised effort to level the speech playing field and control ‘Big Tech,’” the groups urged the court to reinstate a decision by a federal district judge in Texas that barred the state from … Read the rest

Circuit Courts

Judges Request Funding to Address Cybersecurity, Courthouse Safety, Growing Workload

Two federal judges testified that a Judiciary budget of $ 8.6 billion is needed to keep pace with inflation and to pay for important new investments in courthouse security, IT modernization, and cybersecurity. They also requested staffing to address workload increases caused by issues outside the Judiciary’s control.
Judiciary News – United States Courts… Read the rest