Civil Law

The Milan Local Division of the UPC clarifies the requirements to grant preservation of evidence measures

With two recent orders, the Milan Local Division of the Unified Patent Court (UPC), which has already been in the spotlight in Europe for its pragmatic approach to preliminary orders, has clarified some important aspects concerning the grant of provisional measures for collecting evidence provided for in the UPC system (equivalent to the Italian search orders or the saisie available in France and Belgium).  

Specifically, the Local Division upheld the orders for preservation of evidence previously issued in the … Read the rest

Supreme Court

Required SEC disclosures and erroneous DNA evidence

Required SEC disclosures and erroneous DNA evidence

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The Relist Watch column examines cert petitions that the Supreme Court has “relisted” for its upcoming conference. A short explanation of relists is available here.

The Supreme Court worked through two thirds of last week’s new relists, though with very different results. The court granted review in Delligatti v. United States, meaning that the court will be making yet another foray into the “categorical approach” to determining whether prior convictions are “crimes of violence” for sentencing purposes. … Read the rest

Supreme Court

Jackson dissents in denial of Louisiana man’s death-row evidence plea

Jackson dissents in denial of Louisiana man’s death-row evidence plea

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Over a dissent from the court’s three liberal justices, the Supreme Court turned down a request from a Louisiana man on death-row to weigh in on when someone else’s confession is the kind of evidence that the Constitution requires prosecutors to turn over. The court’s denial of review in Brown v. Louisiana came at the end of a list of orders from the justices’ private conference last week.

The justices did not add any new cases to their docket … Read the rest