Articles in Channel: AmLaw 200 Blogs

Zoltek Corp. v. U.S.: Federal Circuit En Banc Reverses Zoltek III and Rules That 28 U.S.C. § 1498(a) Can Waive Immunity for Infringement Under 271(g)

March 22, 2012 20:16

The Federal Circuit recently demonstrated how active the Court is, and will continue to be. After having ruled in Zoltek III that the United States did not waive immunity from suit except for acts that would constitute direct infringement under 35 U.S.C. § 271(a), the Court voted sua sponte to...

Accredited Investors and Crowdfunding

Jack J. Gravelle
March 22, 2012 14:46

In February the SEC issued a Small Entity Compliance Guide that provides a summary of the relatively new net worth standard in the definition of “accredited investor” under the Securities Act, as required by the Dodd-Frank Act.  Section 413(a) of the Dodd-Frank Act requires that...

Dealing with dismissal and compensated no fault dismissal for micro businesses

Ruth Bonino
March 22, 2012 14:34

The Government has recently issued a new “Call for Evidence”, Dealing with dismissal and “Compensated no fault dismissal” for micro businesses.  The main aim of the paper is to gather evidence from businesses to establish what can be done to encourage small employers to...

Thursday round-up

Jason Harrow
March 22, 2012 13:51

The Court heard oral arguments in two cases yesterday. In Reichle v. Howards, a case arising from the Secret Service’s arrest of a man who touched former Vice President Dick Cheney and made an anti-war comment in a Colorado shopping mall, the Court considered whether the existence of probable cause...

Borrowers on Borrowed Time: Plaintiffs Potentially Save Remand Case Through Motion for Limited Discovery

McGlinchey Stafford PLLC
March 22, 2012 11:30

Wilson v. PBI Bank, Inc., No. 1:11-CV-19, 2011 WL 1376709 (W.D. Ky. April 12, 2011). Geez, folks! Read the frickin’ law. Didn’t all law students learn the difference between “residence” and “citizenship” freshmen year in Civil Procedure? ...

@LRToday Morning Round-Up: March 22, 2012

March 22, 2012 11:06

"Retail group tells Senate to ax NLRB’s union-election rule" -- The Hill The Retail Industry Leaders Association (RILA) is asking the Senate to weigh in on a contentious union-election rule proposed by the National Labor Relations Board (NLRB).  In a letter sent Wednesday ...

Arbitration, Sales Reps and Personal Injury Claims

March 22, 2012 10:41

While it doesn’t involve a drug or device claim, James v. Conceptus, Inc., N. H-11-1183, 2012 U.S. Dist. LEXIS 32434 (S.D. Tex. Mar. 12, 2012), does involve a device company, sales rep, arbitration clause, and a determination that it isn’t unconscionable to send someone unwillingly to...

Rhetoric - Oddball Cases and Slaughtered Hogs

Andrew Trask
March 22, 2012 10:20

 At the DePaul symposium a few weeks back, Professor Suja Thomas argued that the Supreme Court should not take on "oddball" cases, because the outlying facts make for decisions that are too sweeping. (She's made this argument before about Iqbal and Twombly, so you don't...

Court Declares Brewing Beer an "Essential Service"

Kevin Underhill
March 22, 2012 07:16

Beer is essential, of course, but in this case the question was whether brewing it is an "essential service" that could justify preventing brewery workers from going on strike. According to the Telegraph, a Lithuanian court ruled earlier this month...Beer is essential, of course, but in this case...

Argument preview: Health care, Part III — Beyond the mandate

Jason Harrow
March 22, 2012 04:04

On Wednesday, March 28, the Supreme Court holds its third day of hearings on constitutional issues surrounding the new federal health care law.  This is the third of four articles that will appear on the blog this week, previewing the issues that the Court has agreed to review.  These articles...