Categories
Employment Law

Big Boost to Employers: 5-4 SCOTUS Upholds Arbitration Clauses in Employment Agreements

Giving employers a significant win, a sharply divided Supreme Court upheld the right of employers to include arbitration clauses in their employment agreements that seriously curtail employees’ ability to file class actions and pursue court claims for wage and hour violations. The case was closely watched by advocates on both sides of the issue as […]

Categories
Constitutional Law Litigation

Colorado Gay Wedding Cake Case: Is Selling A Cake “Speech”?

On Tuesday The Supreme Court will hear oral argument on one of the most anticipated cases on the docket for this term: Masterpiece Cakeshop v. Colorado Civil Rights Commission Back in 2012, Charlie Craig and David Mullins were set to celebrate their wedding in Denver, after having been married in Massachusetts. Jack Phillips, a well […]

Categories
Constitutional Law Intellectual Property Litigation

SCOTUS Ends Forum Shopping in Patent Cases

Well the docket of the Eastern Texas Federal District Court is going to get much lighter in the coming months and years. In a unanimous 8-0 decision, in a case titled TC Heartland LLC v. Kraft Foods Group Brands LLC, the Supreme Court held that a person or entity claiming patent infringement must bring the […]

Categories
Constitutional Law Criminal Law

SCOTUS Changes Face of Criminal Trials With New Decision About Jurors and Race

The Supreme Court threw open the normally tightly-sealed doors of the jury room in overturning the conviction of Miguel Pena-Rodriguez in the case of Pena-Rodriguez v. Colorado. In a 5-3 decision written by Justice Kennedy, the Court ruled that a juror’s racial basis in the jury room – which was only revealed to the public […]

Categories
Intellectual Property Trademark Law

SCOTUS to Decide If “Scandalous” “Immoral” Terms Can Be Trademarked

In a case that presents a crossfire of First Amendment and intellectual property issues, the Supreme Court heard arguments yesterday in a case involving an Asian-American band that calls itself “the Slants.” The Slants had been denied a trademark for their name by the US Patent and Trademark Office (USPTO) under a Federal law that […]

Categories
Constitutional Law

Heavy Issues Await Eight Member Supreme Court This Term

The 2016-2017 term of the Supreme Court of the United States will be heard by an eight member court since the Senate refuses to act on President Obama’s nomination of Merrick Garland to fill the seat vacated by Judge Antonin Scalia’s death. In several media appearances during the summer break, SCOTUS justices expressed concern over […]

Categories
General

One Opinion Judge Ginsburg Should Have Kept to Herself

Disclaimer: The opinions in this blog post do not lessen my respect and admiration for Ruth Bader Ginsburg, affectionately known as the Notorious RBG. That may not be rational but love is blind. Supreme Court Justice Ruth Bader Ginsburg in an interview in this Sunday’s NY Times stated that she and her husband would move […]