The U.S. Supreme Court today upheld a battery claim against the federal government for botching cataract surgery on a U.S. Navy veteran.
The 9-0 Court ruled that the Gonzalez Act limited the ban in the Federal Tort Claims Act on claims for certain intentional (and intentional-ish) torts such that it wouldn't bar claims for "malpractice committed by
The legal landscape for class actions has gotten harder for plaintiffs to cross in the last decade or so. Today it got no worse. And plaintiffs and their counsel rejoice at that.
In Amgen Inc. v. Connecticut Retirement Plans & Trust Funds, No. 11-1085 (U.S. Feb. 27, 2013), the Court ruled 6-3 that a
You've heard of the term, "lawsuit within a lawsuit" or "case within a case", right? It refers to a dispute that requires you to prove Claim A in order to prevail on Claim B.
Examples abound. Think of a tortious interference with contract claim. You have to show not only that the Bad Guy did something to interfere
A "substate" governmental entity that engages in conduct that would usually violate the Sherman Act may escape liablity under the state-action doctrine if the "state" directs "substate" to do the anticompetitive deeds. But the state must "'clearly articulate[] and affirmatively express[]' state policy to displace competition." Fed'l Trade Comm'n v. Phoebe Putney Health Sys., Inc., No. 11-1160, slip
Nike of Samothrace (ca. 190 BC), in the Louvre.
Nike, the Greek goddess, symbolizes victory.
Nike, Inc., which started in 1964 as Blue Ribbon Sports, plays on the triumphalist theme. And this week it won a fight not by conventional means but by fleeing the field of battle.
Nike had sued a rival
You saw last week our post on our debut before the U.S. Supreme Court, in Comcast Corp. v. Behrend, No. 11-864 (U.S.). The post included a link to the transcript of the argument. Now you can listen to it also.
Blawgletter had the pleasure today of standing before the Chief Justice and eight Associate Justices of the Supreme Court of the United States. We urged their honors to send a case we've worked on for more than nine years back to the trial court . . . for trial.
We had not done that before
If you could see Blawgletter right now, you might notice some blushing. For that of which we write betrays a streak we prefer not to show.
The story begins Monday morning, when we heard a U.S. Supreme Court justice mention "Coke on Littleton, 1628" — and instantly knew what he meant. Why the blaze of recognition? It came because we'd lately
Do you own a handgun? If so, did you yourself purchase it? Did you do so before you turned 21? And, regardless, do you believe a person in the 18 to 20 year-old range has a constitutional right to acquire small weapons that fire bullets?
Congress, in the waning days of President Lyndon Johnson, seems
Blawgletter wrote No More Mr. Nice Patent-Infringer Guy about five years ago. It told about how the Supreme Court and Federal Circuit had lately cleared the way for people to pre-empt a lawsuit for patent infringement by suing for a declaratory judgment first. And just last week we pointed out that someone who avails herself of the pre-emptive