JURIST

MAY 19, 2021

The Supreme Court held Monday in BP v. Mayor and City Council of Baltimore that the US Court of Appeals for the Fourth Circuit erred in holding that it lacked the power to consider the defendants’ entire grounds to remove a case from state court pursuant to 28 USC §1447(d). After taking this case to resolve a circuit split on appellate authority under section 1447(d), the court agreed with the Seventh Circuit’s broad interpretation , finding that it permits federal appellate courts &

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EvidenceProf Blog

MAY 19, 2021

The case of Johnson v. Indiana has been distributed for tomorrow's Supreme Court conference. Here is Mr. Johnson's petition for writ of certiorari. Here is the amici curiae brief I wrote on behalf of 98 law professors asking the Court.

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JURIST

MAY 19, 2021

Pasquotank County District Attorney Andrew Womble held a press conference on Tuesday to announce that Andrew Brown, Jr.’s death during a confrontation with police on April 21 was justified and will not result in criminal charges for officers involved. Local news network WAVY shared video footage of the press conference, in which Womble stated: After reviewing the investigation conducted by the North Caroline State Bureau of Investigation, Mr.

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CourtTechBulletin

MAY 19, 2021

We learned from our friends earlier this week that the Florida courts are celebrating the 10 th Anniversary of their E-filing Portal program. We will start with some history thanks to the summary they wrote in this year’s annual report or, if you wish, they have posted a three-minute history summary video online here. Read more ».

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The Crime Report

MAY 19, 2021

Only 55 percent of people in prison across the United States have been vaccinated against the coronavirus in the seven months since vaccine distribution began, the Prison Policy Initiative reports. Prisons have been an epicenter for the virus since it began with people in prisons experiencing positive cases at a rate four to five times higher than the general population.

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Patently O

MAY 19, 2021

by Dennis Crouch. Apple Inc. v. Qualcomm Inc. (Fed. Cir. 2021) [ Apple En Banc ]. In this Inter Partes Review, the PTAB sided with the patentee Qualcomm and issued a final written decision that the challenged claims had not been proven obvious. (Note – this was after Qualcomm disclaimed some of the more dubious claims). Apple appealed. (U.S. Patent No. 7,844,037).

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HowAppealing

MAY 19, 2021

“Brett Kavanaugh Said the Quiet Part Out Loud; His recent ruling shreds a precedent that offered criminal defendants a chance to challenge unjust sentences — and reveals how the court’s conservative bloc has no boundaries”: Matt Ford has this essay online at The New Republic.

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LawTechnologyToday

MAY 19, 2021

Gone are the days when remote employees have had a bad reputation. Today, the trend of working remotely is all the rage, and more and more companies are allowing their employees to work from home to juggle their professional and personal responsibilities. With the advent of the latest technological tools, it has now become much easier for businesses to manage completely remote teams.

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HowAppealing

MAY 19, 2021

“Gov. Greg Abbott signs ‘fetal heartbeat’ bill banning most abortions in Texas”: Madlin Mekelburg of The Austin American-Statesman has this report. And Shannon Najmabadi of The Texas Tribune reports that “ Gov. Greg Abbott signs into law one of nation’s strictest abortion measures, banning procedure as early as six weeks into a pregnancy; The signing of the bill opens a new frontier in the battle over abortion restrictions as first-of-its-kind legal provisions

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The Fashion Law

MAY 19, 2021

Fast fashion retailer River Island is currently offering up a number of interesting pairs of sandals. It is not the style of the London-headquartered high street brand’s various footwear offerings that is noteworthy, though, considering that one is a relatively straightforward sporty slide (a la adidas’ Adilette). Instead, it is the little – but prominently placed – upside-down metallic triangle that is the most eye-catching element of the footwear, namely because it is not a stretch to as

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HowAppealing

MAY 19, 2021

“Could Supreme Court supercharge midterms with abortion ruling? It depends how many voters were planning sit out 2022.” Nathan L. Gonzales of Roll Call has this report. And today’s installment of “The NPR Politics podcast,” featuring among others Nina Totenberg, is titled “ Supreme Court Will Consider Guns And Abortion Before 2022 Election.

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SCOTUSBlog

MAY 19, 2021

Share This article was updated on May 19 at 8:35 p.m. The Supreme Court on Wednesday declined to block the execution of Quintin Jones, a Texas man who was sentenced to death for the 1999 murder of his great-aunt, Berthena Bryant. Shortly after the court’s unsigned order allowing the execution to go forward, Jones was put to death by lethal injection at a state prison in Texas, according to news reports.

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HowAppealing

MAY 19, 2021

“Abortion rights groups sue Indiana over law regarding ‘abortion reversal’ drug”: Kaitlin Lange of The Indianapolis Star has this report. Tom Davies of The Associated Press reports that “ Groups ask judge to block Indiana ‘abortion reversal’ law.” And David Wells of Courthouse News Service reports that “ Doctors, Women’s Health Advocates Challenge Indiana ‘Abortion Reversal’ Law; The challenged law requires doctors to inform

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The Fashion Law

MAY 19, 2021

Nike and Puma appeared before the High Court of Justice in London on Monday for an appeal hearing in their bi-national battle stemming from Nike’s quest to register the word “footware” as a trademark – including with the United Kingdom Intellectual Property Office (“UKIPO”) – for use in connection with p “computer hardware modules for receiving, processing, and transmitting data in Internet of things electronic devices; electronic devices and computer software that allow users to remotely intera

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HowAppealing

MAY 19, 2021

“Democracy Is the Issue in the Mississippi Abortion Case; The high court could put questions about gestational limits back into voters’ hands — where they belong”: Clarke D. Forsythe will have this op-ed in Thursday’s edition of The Wall Street Journal.

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LegalReader

MAY 19, 2021

Faith, civil rights, legal & legislative leaders call on D.A. Weirich to agree that Mr. Payne is a person with intellectual disability.

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HowAppealing

MAY 19, 2021

“Looming decisions on abortion and guns fuel calls from left to add seats to Supreme Court”: Seung Min Kim and Marianna Sotomayor have this article in today’s edition of The Washington Post.

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LegalReader

MAY 19, 2021

Anesthesia errors are not only traumatic and cause physical harm, but they may also be fatal. Unfortunately, they most often occur due to negligence and carelessness.

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HowAppealing

MAY 19, 2021

“Who were the real conservatives in the Supreme Court’s fight over what counts as ‘watershed’?” Columnist George F. Will has this essay online at The Washington Post.

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Above The Law

MAY 19, 2021

Three Days A Week : Goodwin adds momentum to firms looking to cut back on office space through flexible in-office work schedules. Who Needs Qualifications Anyway? : AR-15 Dude running for Senate. Speaking Of Unprovoked Violence Against Black People : A judge is accused of trying to run over protesters. No One Expects The Spanish Inquisition! : Or, as the Nunes family is finding out, civil discovery.

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HowAppealing

MAY 19, 2021

“Where Abortion Access Would Decline if Roe v. Wade Were Overturned”: Quoctrung Bui, Claire Cain Miller and Margot Sanger-Katz have this post at “TheUpshot” blog of The New York Times.

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Above The Law

MAY 19, 2021

In today’s competitive landscape and low interest rate environment, smart money law firms are taking a hard introspective look at their approach their law firm capitalization and seeking more tax efficient strategies to managing their case costs.

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HowAppealing

MAY 19, 2021

Programming note: I will be presenting a video oral argument to a three-judge panel of the Superior Court of Pennsylvania midday today. As a result, new posts will not be appearing here until after that oral argument has concluded.

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JayS.Rothman&Associates

MAY 19, 2021

Recently, the U.S. Supreme Court refused to hear the appeal of a black operating room technician at a Dallas-area hospital. The technician had sought recourse for his termination after complaining about race-based discrimination in the workplace. Previously, the trial court and Fifth Circuit Court of Appeals had refused to compensate the technician for the hostile work environment he faced.

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HowAppealing

MAY 19, 2021

“The Sixth Circuit Protects a Professor’s First Amendment Right to Abuse His Students”: Sherry F. Colb has this blog post at “Dorf on Law.

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