By Jimmy Hoover | June 24, 2024
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 | June 24, 2024
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 Steve Lash | June 21, 2024
"Judges may not assume the jury's factfinding function for themselves, let alone purport to perform it using a mere preponderance-of-the-evidence standard," Justice Neil Gorsuch wrote for the majority.
By Adolfo Pesquera | June 21, 2024
"We are disappointed and we are trying to figure out where this leaves us. It is not assured we can reach a settlement with the United States. I just don't know," said Stuart Somach, counsel for State of Texas.
By Jimmy Hoover | June 21, 2024
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 | June 21, 2024
"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 | June 21, 2024
"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 | June 20, 2024
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 | June 20, 2024
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 | June 20, 2024
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.
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