procedural | Judiciary.org

Supreme Court

Justices to hear procedural question in Maryland prison-assault case

Kevin Younger was detained before trial at a state prison in Baltimore, Maryland. While Younger in custody, a prison official, Neil Dupree, directed three prison guards to attack Younger and other inmates. The guards beat Younger viciously, leaving him unconscious and bleeding profusely. Younger suffered permanent injuries to his face, wrist, ribs, hand, and leg.

Younger filed a federal civil rights claim against Dupree, alleging that the use of excessive force against him violated his constitutional rights. In the … Read the rest

Supreme Court

In Maryland prison-assault case, a request to clarify an important procedural question

The Petitions of the Week column highlights a selection of cert petitions recently filed in the Supreme Court. A list of all petitions we’re watching is available here.

Defendants appealing a case in federal court have to follow a series of rules to keep a specific issue alive and eligible for review. This week, we highlight cert petitions that ask the court to consider, among other things, whether a prison official appealing a jury verdict against him can … Read the rest

Supreme Court

Court opts for plain meaning in dispute over procedural rules for relief from erroneous judgments

The Supreme Court on Monday clarified the meaning of “mistake” in the federal procedural rule that allows litigants to seek relief from erroneous final judgments. In an 8-1 opinion in Kemp v. United States, the court ruled that “all mistakes of law made by a judge” constitute “mistakes” under Federal Rule of Civil Procedure 60(b)(1).

The case involved the various subsections of Rule 60(b), which establishes different deadlines for motions designed to correct various errors that courts … Read the rest

Supreme Court

Courts may not “make up” new procedural rules to favor arbitration

In a series of decisions, the Supreme Court has insisted that the Federal Arbitration Act requires courts to put arbitration contracts on “equal footing” with other kinds of contracts. These decisions have often favored companies seeking to enforce arbitration agreements, rejecting rules that give employees or consumers a way out from contract clauses requiring them to arbitrate their disputes on an individual basis. But Monday’s unanimous decision in Morgan v. Sundance clarifies that the equal-footing rule works both ways. … Read the rest

Supreme Court

Trademark infringement and procedural rules

This week we highlight cert petitions that ask the Supreme Court to consider, among other things, whether the holder of a U.S. trademark can win damages for trademark infringements in foreign sales, and whether the Federal Rules of Bankruptcy Procedure or Civil Procedure govern a wrongful-death case.

Trademark infringements in foreign sales

Abitron Austria GmbH v. Hetronic International, Inc. addresses the international reach of the Lanham Act, which provides remedies for infringement of U.S. trademarks. After a dispute over … Read the rest