Argument analysis: Breyer and Kagan seek middle ground on damages for patent infringing exports

Argument analysis: Breyer and Kagan seek middle ground on damages for patent infringing exportsThe justices’ second argument this morning was WesternGeco v Ion Geophysical Corp., a case that requires the justices yet again to consider Section 271 of the Patent Act. Although the Patent Act generally does not apply to conduct outside the nation’s borders, that section imposes a narrow (and controversial) exception that permits a suit for […]

The post Argument analysis: Breyer and Kagan seek middle ground on damages for patent infringing exports appeared first on SCOTUSblog.

Read more

Argument preview: Justices turn to constitutional limits on appointment of administrative law judges

Argument preview: Justices turn to constitutional limits on appointment of administrative law judgesThe justices face a lot of high-stakes cases the last week of the term – with Abbott v. Perez on Tuesday and Trump v. Hawaii on Wednesday – but Monday’s argument in Lucia v. Securities and Exchange Commission may be as important a decision for the administrative state as any case the justices have heard […]

The post Argument preview: Justices turn to constitutional limits on appointment of administrative law judges appeared first on SCOTUSblog.

Read more

Argument preview: Justices to grapple again with patent infringement overseas

Argument preview: Justices to grapple again with patent infringement overseasOn the first morning of the Supreme Court’s April session next week, the justices will return to problems of extraterritorial patent infringement, hearing argument in WesternGeco v Ion Geophysical Corp. For the third time in recent years, the court will consider Section 271 of the Patent Act. The statute was adopted in response to the […]

The post Argument preview: Justices to grapple again with patent infringement overseas appeared first on SCOTUSblog.

Read more

Opinion analysis: Justices reject Fair Labor Standards Act protections for service personnel at car dealerships

Opinion analysis: Justices reject Fair Labor Standards Act protections for service personnel at car dealershipsThere was no surprise yesterday in the justices’ resolution of Encino Motorcars v. Navarro, holding service advisors at car dealerships exempt from the Fair Labor Standards Act. The argument suggested that the justices would be deeply divided, and it offered no reason to think that the three justices who voted against the service advisors the […]

The post Opinion analysis: Justices reject Fair Labor Standards Act protections for service personnel at car dealerships appeared first on SCOTUSblog.

Read more

Argument analysis: Justices dubious about limiting precedent that tolls statutes of limitations to permit “stacked” class actions

Argument analysis: Justices dubious about limiting precedent that tolls statutes of limitations to permit “stacked” class actionsThe audience didn’t hear quite what it expected yesterday when the Supreme Court turned to the class-action realm at the argument in China Agritech v. Resh. As the most casual observer of the justices would know, several of them in recent years have evinced increasing levels of concern (if not panic) about large securities class […]

The post Argument analysis: Justices dubious about limiting precedent that tolls statutes of limitations to permit “stacked” class actions appeared first on SCOTUSblog.

Read more

Argument analysis: Justices dubious about tribal immunity from state-court actions to adjudicate title to land, but hesitant to embrace new theory

Argument analysis: Justices dubious about tribal immunity from state-court actions to adjudicate title to land, but hesitant to embrace new theoryIt was a tale of two arguments yesterday in Upper Skagit Indian Tribe v. Lundgren. The first half of the argument featured most of the justices offering scorching criticism of the idea that the tribe could be immune from state jurisdiction over off-reservation land; the second half featured the same group of justices complaining to […]

The post Argument analysis: Justices dubious about tribal immunity from state-court actions to adjudicate title to land, but hesitant to embrace new theory appeared first on SCOTUSblog.

Read more