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Supreme Court Brief

Clement's 100th | Sotomayor's Searing Dissent | Larry Wallace Remembered | Davis Wright Pitches 'Revenge Pornography' Challenge

Welcome to Supreme Court Brief. Kirkland's Paul Clement makes his 100th argument this week. Plus: Larry Wallace, who argued more than 150 cases, is remembered. Scroll down for more headlines and a new First Amendment petition from Davis Wright. Thanks for reading!
10 minute read

New Jersey Law Journal

NLRB Decision Broadens Workplace Investigation Confidentiality Rules

In 'Apogee Retail,' the NLRB overruled its prior controversial decision from 'Banner Health System' and applied a new analytic framework to determine the legality of workplace investigation confidentiality rules.
10 minute read

National Law Journal

When Must the U.S. Pay Legal Fees? A Vietnam Vet Turns to the Supreme Court

A judge on the U.S. Court of Appeals for the Federal Circuit said Alfred Procopio's case was the very sort of dispute Congress had in mind in the Equal Access to Justice Act. "The government's position here was plainly wrong," the judge said.
8 minute read

New Jersey Law Journal

Civil Rights Act Not a 'Back Door' to Federal Court

Judge Wolfson's ruling is plainly correct. The quasi-judicial model has proven fair and efficient for nearly a century, and we see no reason to change it—especially by threatening the agency head with personal liability.
3 minute read

National Law Journal

PTO Rejects Gilead's Bid to Invalidate US HIV Patents

The Patent Trial and Appeal Board turned away the first two of four challenges Gilead is bringing against the United States, which says it was the first to patent the use of Truvada to prevent HIV infections.
3 minute read

National Law Journal

2 Federal Circuit Judges Have 'Grave Doubts' About 'Arthrex' Remedy

Judges Todd Hughes and Evan Wallach say they don't think Congress would have removed civil service protections for PTO administrative judges to make their appointments constitutional. But they're reluctantly signing onto the idea.
5 minute read

The Legal Intelligencer

Should Inability to Make Bail Affect Workers' Comp Benefits?

The Pennsylvania Supreme Court has agreed to review a Commonwealth Court's ruling that a Coca-Cola employee should not have had his workers' compensation benefits suspended for the period of time he spent in pretrial incarceration.
6 minute read

National Law Journal

Arthrex Is for Patent Owners Only, Federal Circuit Rules

The appellate court ruled last fall that the U.S. Patent and Trademark Office's administrative judges were unconstitutionally appointed. But the petitioners who initiated challenges to patent validity at the agency won't be allowed to invoke the bombshell ruling, the court ruled Tuesday.
4 minute read

National Law Journal

'What Happened Next Beggars Belief': 7th Circuit Scolds Feds for Defying Order in Visa Case

The panel, composed of Judges Frank Easterbrook, William Bauer and David Hamilton of the U.S. Court of Appeals for the Seventh Circuit, said the Justice Department "flatly refused" to implement the original order.
4 minute read

The Legal Intelligencer

Pa. Justices to Mull if Post-Happy Hour Car Crash Was Work-Related Injury

A potential ruling in the claimant's favor could cause Pennsylvania employers to think twice before hosting after-hours employee get-togethers.
4 minute read

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