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During arguments in a case demonstrating the ongoing tension between emerging technologies and centuries-old legal doctrines, the justices of the U.S. Supreme Court sought to define the limits on a farmer's use of patented, self-replicating soybean seeds beyond a first harvest. The case of Bowman v. Monsanto raises the issue of whether a patent holder's control over a product extends past its initial authorized sale. The stakes involved are high: The Court's ruling could dramatically shift the business practices of companies holding patents on products ranging from computer software to auto parts, and some justices expressed concern that loosening patent protections could stifle innovation.
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Attempts to sort out the meaning of a confusing and oddly worded statute to determine whether a Navy surgeon is immune from liability for allegedly performing eye surgery without obtaining consent left the justices of the U.S. Supreme Court bleary-eyed. The case, Levin v. U.S., is set against a backdrop of federal regulations designed to allow the government to be sued under some circumstances while shielding it from suits in other situations. The Gonzalez Act provides that the federal government be substituted as the sole defendant in any tort suit against military medical personnel for work-related conduct, meaning that such lawsuits may only be brought against the government under the Federal Tort Claims Act. The FTCA waives sovereign immunity for tort claims, except for certain inte...
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Arizona's law requiring proof of citizenship to register to vote will be heard by the U.S. Supreme Court. The court granted review on Oct. 15 and will decide whether to overturn a 9th U.S. Circuit Court of Appeals en banc decision on April 17, finding that the National Voter Registration Act trumps Arizona's law. A three-judge panel that included former U.S. Supreme Court Justice Sandra Day O'Connor made a similar finding in October 2010.
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After a three-judge panel of the 9th Circuit upheld a lower court ruling striking key parts of a controversial Arizona immigration measure, Gov. Jan Brewer may take her appeal to the U.S. Supreme Court next. I remain steadfast in my belief that Arizona and other states have a sovereign right and obligation to protect their citizens and enforce immigration law in accordance with federal statute," Brewer said in a in a joint statement with state Attorney General Tom Horne after yesterday's 9th Circuit ruling.
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An equally-divided U.S. Supreme Court has affirmed a 9th Circuit ruling that upheld a law making it easier for a child of unmarried parents to obtain citizenship if the mother is a U.S. citizen than if the father is a citizen. The case involved a Mexican national who grew up in California and was deported after being convicted of importing marijuana. After he illegally reentered the country, immigration authorities brought criminal charges against him.
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New Yorkers who live in affordable apartments - some of which have been handed down within families for years - can rest easy today. The U.S. Supreme Court has declined to take up a case challenging the city's rent control laws. The Court gave a hint that it could take up the challenge last month when it asked the city as state to respond to the petition by a landlord of an Upper West Side rental property. The owner claimed that city laws preventing him from increasing the rent on a tenant who has resided in an apartment since the 1970s amounts to an unconstitutional taking by the government. The rent is currently capped at a rate lower than the mortgage the tenant pays on a vacation home in the Hamptons.
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A key ruling earlier this year invalidating several portions of New York's legal advertising rules as unconstitutional will stand after the U.S. Supreme Court declined to take up the case. In Alexander v. Cahill, the 2nd Circuit held that rules barring testimonials by clients on pending matters, attention-getting techniques that are not relevant to legal competence, law firm monikers and mentioning judges in attorney advertising violated the First Amendment.
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Attorney General Patrick Morrisey this week joined a multi-state lawsuit challenging a federal bankruptcy law, and has filed a "friend of the court" brief in a U.S. Supreme Court case challenging the constitutionality of a New York gun law. Morrisey announced Thursday that West Virginia would join seven other states in a lawsuit challenging the Dodd-Frank Act, signed into law by President Barack Obama in 2010.
