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Brad Kutner

Brad Kutner

Brad Kutner is part of the National Law Journal's D.C. Litigation team. Contact him at [email protected]. On Twitter: @BradKutner.

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March 07, 2023 | Supreme Court Brief

Supreme Court Brief: Tax Decision Impact | 'Offended Observer' Standing

The U.S. Supreme Court will hear an admiralty dispute involving choice-of-law clauses in maritime contracts according to Monday's orders list.

By Avalon Zoppo | Brad Kutner

10 minute read

March 06, 2023 | National Law Journal

Tax Attorneys Welcome SCOTUS Ruling on Foreign Investment Reporting Rules With Cautious Optimism 

"I think they'll take a harder look at the willful vs. non-willful in order to get those penalty numbers back up to what they otherwise would have done," warned one tax attorney.

By Brad Kutner

4 minute read

March 03, 2023 | National Law Journal

Winston & Strawn Attorneys Back Digital Asset Association in Civil Crypto Fight

"If it's one anonymous person transacting with another anonymous person on the secondary market, years after the issuance of the token, what contract are we even talking about?" argued attorney George Mastoris.

By Brad Kutner

5 minute read

March 03, 2023 | National Law Journal

Read the Opinion: Appeals Court Sides With US Cheese Makers in 'Gruyere' Trademark Dispute 

"The FDA standard of identity for 'Gruyere cheese,' which does not link the production of the cheese to any geographic region, is evidence that the term 'Gruyere' is generic," Chief Judge Roger Gregory wrote.

By Brad Kutner

2 minute read

March 03, 2023 | Law.com

Bench Report: Judges: Reject Panel Rehearing Rule + Biden Nomination Train Keeps On Chugging

This week, we take a look at a SCOTUS amicus brief filed on behalf of a handful of federal judges hoping to see a panel rehearing practice get the ax, plus Biden's latest judicial nominees.

By Brad Kutner | Avalon Zoppo

8 minute read

March 02, 2023 | National Law Journal

Read the Document: DOJ Urges Court to Deny Trump Immunity in Jan. 6 Appeal

The government suggested a narrow ruling would help avoid "sensitive questions of fundamental importance" for the executive branch.

By Brad Kutner

2 minute read

March 01, 2023 | National Law Journal

Garland Talks Section 230, Antitrust Law in Senate Oversight Hearing

Judiciary Committee Chair Dick Durbin said future legislation addressing Section 230 was a bipartisan priority; its impact on drug addiction and children's mental health helped spur the effort, he said. Republicans stressed protection of U.S. Supreme Court justices' homes and anti-abortion speech.

By Brad Kutner

6 minute read

March 01, 2023 | Supreme Court Brief

Supreme Court Brief: Biden's Student Loan Plan Faces Uphill Fight | Jackson's First Majority Opinion

Concerns from judges ranged from the standing of the parties challenging the effort to the major questions doctrine and why some parties could benefit while others would not.

By Brad Kutner

5 minute read

February 28, 2023 | National Law Journal

High Court Appears Skeptical of Biden's Student Loan Forgiveness Plan

During the first hearing Chief Justice John Roberts questioned both the plan's price tag and its political volatility as grounds for raising the Major Questions doctrine.

By Brad Kutner

7 minute read

February 28, 2023 | Supreme Court Brief

Supreme Court Brief: Billable Hours Rounding Error? | CFPB Imperiled?

Justice Neil Gorsuch eyed an attorney's use of rounding up billable hours. And the future of the Consumer Financial Protection Bureau could be in jeopardy after the high court granted cert in a dispute which found its funding scheme violated the U.S. Constitution.

By Brad Kutner

6 minute read