Jimmy Hoover

June 24, 2024 | National Law Journal

The Supreme Court agreed to resolve "[w]hether an award of the 'defendant's profits' under the Lanham Act ... can include an order for the defendant to disgorge the distinct profits of legally separate non-party corporate affiliates."

By Jimmy Hoover

3 minute read

June 24, 2024 | National Law Journal

A key dispute in the case is what level of constitutional scrutiny to apply to the state's law: a rigorous form known as "heightened scrutiny" or a more lenient type of "rational-basis" review. The circuit court applied the latter and found that the state could rationally concluded that SB1 was an appropriate response to risks from puberty blockers and hormone therapy.

By Jimmy Hoover

3 minute read

June 21, 2024 | National Law Journal

The U.S. citizen failed to show her spouse's right to a visa is "deeply rooted in this Nation's history and tradition," Justice Amy Coney Barrett wrote for the majority. "In fact, Congress's longstanding regulation of spousal admissibility immigration ... cuts the other way."

By Jimmy Hoover

4 minute read

June 21, 2024 | National Law Journal

"When an expert conveys an absent analyst's statements in support of his opinion, and the statements provide that support only if true, then the statements come into evidence for their truth," Justice Elena Kagan wrote for the court.

By Jimmy Hoover

4 minute read

June 21, 2024 | National Law Journal

"When an individual poses a clear threat of physical violence to another, the threatening individual may be disarmed," Chief Justice John Roberts Jr. wrote for the 8-1 majority. Justice Clarence Thomas was alone in dissent.

By Jimmy Hoover

5 minute read

June 20, 2024 | National Law Journal

Supreme Court precedent holds probable cause generally defeats a First Amendment claim for retaliatory arrest. But an exception exists when evidence shows "similarly situated" individuals would be treated differently by police.

By Jimmy Hoover

4 minute read

June 20, 2024 | National Law Journal

In its 6-3 ruling, the Supreme Court rejected the argument that such testimony violated Federal Rule of Evidence 704(b), which prohibits experts from testifying about a defendant's mental state when such knowledge is an element of the crime.

By Jimmy Hoover

4 minute read

June 20, 2024 | National Law Journal

A lower court had held that a malicious prosecution could not be brought because police had obtained probable cause for two of the three criminal charges against the plaintiff.

By Jimmy Hoover

3 minute read

June 20, 2024 | National Law Journal

In their 7-2 decision, the justices rejected arguments that the Mandatory Repatriation Tax violates the Constitution's Apportionment Clause, which requires "direct" taxes be divvied up among the states based on population.

By Jimmy Hoover

5 minute read

June 18, 2024 | Supreme Court Brief

The justices will also consider questions regarding the Fair Labor Standards Act and the Private Securities Litigation Reform Act.

By Jimmy Hoover

5 minute read