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Medtronic V. Boston Scientific: Allocating The Burden Of Proof In Declaratory Judgment Actions For Patent Non-Infringement, Brianna Strange
Medtronic V. Boston Scientific: Allocating The Burden Of Proof In Declaratory Judgment Actions For Patent Non-Infringement, Brianna Strange
Duke Journal of Constitutional Law & Public Policy Sidebar
This commentary previews an upcoming Supreme Court case, Medtronic, Inc. v. Boston Scientific Corporation, in which the Court will decide which party bears the burden of proof in a declaratory judgment action for patent non-infringement.
Atlantic Marine V. J-Crew: The Future Of Forum-Selection Clauses In Federal Courts, Sarah Sheridan
Atlantic Marine V. J-Crew: The Future Of Forum-Selection Clauses In Federal Courts, Sarah Sheridan
Duke Journal of Constitutional Law & Public Policy Sidebar
This commentary previews an upcoming Supreme Court case, Atlantic Marine v. J-Crew, in which the Court may clarify a circuit split regarding the enforceability of forum-selection clauses by deciding which procedure should govern the enforcement of these clauses and which party carries the burden of proof in these disputes.
Hollingsworth V. Perry: Expressive Harm And The Stakes Of "Marriage", Corinne Blalock
Hollingsworth V. Perry: Expressive Harm And The Stakes Of "Marriage", Corinne Blalock
Duke Journal of Constitutional Law & Public Policy Sidebar
This commentary previews an upcoming Supreme Court case, Hollingsworth v. Perry, in which the Court may decide whether Proposition 8 violates either the Equal Protection Clause or the Due Process Clause of the Fourteenth Amendment of the United States Constitution.
Patent Exhaustion And The Federal Circuit’S Deviant Conditional Sale Doctrine: Bowman V. Monsanto, Adam Garmezy
Patent Exhaustion And The Federal Circuit’S Deviant Conditional Sale Doctrine: Bowman V. Monsanto, Adam Garmezy
Duke Journal of Constitutional Law & Public Policy Sidebar
No abstract provided.
Materiality Immaterial? Revisiting Standards For Securities Fraud Class Certification In Amgen V. Connecticut Retirement Plans And Trust Funds, Nancy My Nguyen
Materiality Immaterial? Revisiting Standards For Securities Fraud Class Certification In Amgen V. Connecticut Retirement Plans And Trust Funds, Nancy My Nguyen
Duke Journal of Constitutional Law & Public Policy Sidebar
This commentary previews an upcoming Supreme Court case, Amgen v. Connecticut Retirement Plans and Trust Funds, in which the Court will decide whether plaintiffs in securities fraud class actions must prove materiality at the class certification stage, or if that inquiry is more appropriately left to later stages of litigation. The case requires the Court to resolve a circuit split on this issue, and will have far-reaching implications for the future of securities fraud litigation.