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Sharp Division in Federal Circuit May Open Door for Judicial Pay Raises
Supreme Court Chief Justice William Rehnquist has been using his bully pulpit to remind Congress that federal judges need a pay raise. But thanks to the internal split within the U.S. Court of Appeals for the Federal Circuit on Spencer Williams et al. v. United States -- which may prompt review by the Supreme Court -- the justices could bypass Congress altogether and get the final word on judicial salaries.Which Litigation Firms Strike Fear in the Hearts of Their Opponents?
Critics Target Federal Circuit
Some scholars suggest that after 25 years as the only game in town for review of patent appeals, the Federal Circuit might benefit, both in terms of its overall workload and the development of patent law, from some outside input, not just from the Supreme Court but from a limited number of regional circuit courts getting back into the business of handling patent appeals. Does the Supreme Court's heightened interest and increased reversals mean that the Federal Circuit has run amok?The Man Behind the Pledge Case
Supreme Court litigants' personal stories usually take a back seat to momentous constitutional issues. In the Pledge case, however, Michael Newdow's tangled tale remains front and center -- partly because his custody dispute is key to whether he has standing to challenge the Pledge, and also due to his insistence that he should present the case. His demeanor could lead the justices to appoint someone else to argue for him -- but his solitary persistence has paid off so far.From basketball to IP, the March madness continues. On Monday we read a trio of major IP stories involving the Patent and Trademark Office's new rules, the ongoing impact of the Bilski decision, and a big settlement by Boston Scientific.
Consumer Class Actions Usurping Personal Injury Claims
Plaintiffs lawyers are filing more class actions against companies under state consumer-protection laws in conjunction with, or even in place of, traditional personal injury class actions, which have become too difficult to certify. Defense lawyers say injury-related consumer class actions have grown as the plaintiffs bar has sought out new "lucrative" areas for monetary relief. But plaintiffs lawyers say the suits are a different "avenue of relief" for an economic, rather than physical, injury.Trending Stories
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