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Archive for the ‘Supreme Court’ Category

Confrontation Clause: When Forensic Reports Are Testimonial Remains Unclear By Heather Whitney – Edited by Charlie Stiernberg Williams v. Illinois, No. 10-8505, 2012 WL 2202981 (U.S. June 18, 2012) Slip opinion In a fractured decision, the Supreme Court held that an expert witness could testify about a DNA test not entered into evidence and performed by a non-testifying analyst without violating the Confrontation Clause. However, with five Justices expressly rejecting the entirety of the plurality’s analysis, no majority agreed on ... Read More...
Posted On Jul - 18 - 2012 Comments Off READ FULL POST
Supreme Court Upholds the Individual Mandate of the Affordable Care Act By Jie Zhang – Edited by Michael Hoven National Federation of Independent Business v. Sebelius, Nos. 11–393, 11–398 and 11–400 (U.S. June 28, 2012) Slip opinion The Supreme Court partially reversed the Court of Appeals for the Eleventh Circuit, which had held that the individual mandate of the Patient Protection and Affordable Care Act (“ACA”) was unconstitutional but severable from other provisions of the act, and that the Medicaid ... Read More...
Posted On Jul - 7 - 2012 Comments Off READ FULL POST
Supreme Court Rules Against the FCC, but Avoids First Amendment Issues By Sarah Jeong – Edited by Jennifer Wong Federal Communications Commission v. Fox Television Stations, Inc., No. 10-1293 (U.S. June 21, 2012) Slip Opinion The Supreme Court ruled last week that the Federal Communication Commission’s (“FCC”) rules on “fleeting expletives” did not give fair notice to networks like Fox and ABC, and were therefore unconstitutionally vague. While all eight justices (Justice Sotomayor recused herself) were unanimous in a judgment ... Read More...
Posted On Jul - 2 - 2012 1 Comment READ FULL POST
Supreme Court Expands Generic Drug Manufacturers’  Right to Challenge Scope of Patents By Elettra Bietti – Edited by Lauren Henry Caraco Pharmaceutical Laboratories, Ltd. v Novo Nordisk A/S, No. 10–844 (U.S. April 17, 2012) Slip opinion The Supreme Court reversed the Federal Circuit Court of Appeals’ ruling that denied a generic manufacturer the right to compel a brand manufacturer to correct misstatements regarding uses covered by a patent when those corrections would have allowed the generic manufacturer to market their ... Read More...
Posted On Apr - 23 - 2012 Comments Off READ FULL POST
Supreme Court Rejects Diagnostic Process Claims as Unpatentable Laws of Nature By Charlie Stiernberg – Edited by Dorothy Du Mayo Collaborative Servs. v. Prometheus Labs., Inc., No. 10-1150 (U.S. Mar. 20, 2012) Slip Opinion In a unanimous opinion, the Supreme Court reversed a ruling by the Court of Appeals for the Federal Circuit that had held Prometheus’ claimed invention, a process that helps doctors determine whether a given dosage of thiopurine drugs is too high or low, was patentable subject ... Read More...
Posted On Apr - 4 - 2012 1 Comment READ FULL POST
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