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Consequences For Patent Owners If A Patent Is Unconstitutionally Invalidated By The Patent Trial And Appeal Board, Mark Magas 2019 Chicago-Kent College of Law

Consequences For Patent Owners If A Patent Is Unconstitutionally Invalidated By The Patent Trial And Appeal Board, Mark Magas

Chicago-Kent Law Review

There have been many constitutional challenges against the Patent Trial and Appeal Board (“PTAB”) since it was created by the America Invents Act in 2011. While the merits of these challenges have been widely debated, there has been little analysis of what would happen if one of these challenges succeeded and patents are found to have been unconstitutionally invalidated. This note examines how issues with waiver, retroactivity, and finality may prevent patent owners from getting their patent rights back, considering the type of constitutional challenge and the different stages of the PTAB process. While the odds are stacked against patent ...


Mystery Subpoena Case At Supreme Court Could Expand Us Authority, Peter B. Rutledge, Amanda W. Newton 2019 University of Georgia Law School

Mystery Subpoena Case At Supreme Court Could Expand Us Authority, Peter B. Rutledge, Amanda W. Newton

Popular Media

This article examines the D. C. Circuit’s underlying decision In Re Grand Jury Subpoena, that expands the possibility that a federal criminal subpoena could override a claim of sovereign immunity when also coupled with an invocation of a foreign blocking statute.


Posner And Class Actions, Daniel M. Klerman 2019 USC Law School

Posner And Class Actions, Daniel M. Klerman

University of Southern California Legal Studies Working Paper Series

The hallmark of Judge Posner’s class action decisions is rigorous review to ensure that aggregate litigation serves the best interests of class members and does not unduly pressure defendants to settle. Although he championed class actions, especially as a way to provide efficient justice in cases involving numerous small claims, Posner also recognized that, because of the agency problems that pervade class action litigation, ordinary adversary procedures were not sufficient to protect class members. As a result, the judge had to act as a fiduciary for the class, especially when approving settlements and fee awards. In addition, the colossal ...


The Convergence Of Adr And Odr Within The Courts: The Impact On Access To Justice, Dorcas QUEK ANDERSON 2019 Singapore Management University

The Convergence Of Adr And Odr Within The Courts: The Impact On Access To Justice, Dorcas Quek Anderson

Research Collection School Of Law

The complexion of justicewithin many judiciaries has changed dramatically through the influence of twoglobal movements – the modern alternative dispute resolution (ADR) movement andthe more recent development of online dispute resolution (ODR). The former waveled to the creation of multi-door courthouses, court-annexed mediationprogrammes and innovations such as judicial settlement conferences. In the last decade, the rapid growth of ODRhas precipitated more changes in the administration of justice. Online courts have been designed in Englandand Wales (the Online Solutions Court suggested by Lord Briggs) and BritishColumbia (the Civil Resolution Tribunal). This paper discusses theimpact of the ADR and ODR waves on access ...


A Clash Of Principles: Personal Jurisdiction And Two-Level Utilitarianism In The Information Age, Wesley M. Bernhardt 2019 Washington University in St. Louis

A Clash Of Principles: Personal Jurisdiction And Two-Level Utilitarianism In The Information Age, Wesley M. Bernhardt

Washington University Jurisprudence Review

Utilitarianism provides the best analytic framework for “minimum contacts” analyses in multi-state mass tort litigation. Utilitarianism is a consequentialist ethical philosophy contending that one should act in a way that maximizes utility; that is, act in a way that maximizes pleasure and minimizes pain. This is often referred to as the “felicific calculus.”1 To maintain a civil lawsuit against a defendant, a court must have “personal jurisdiction” over that defendant, meaning that the defendant must have minimum contacts related to the suit such that maintenance of the suit does not offend traditional notions of fair play and substantial justice ...


Utah Marriage And Divorce Laws, Kory Staheli, Stephen Elmo Averett 2019 BYU Law

Utah Marriage And Divorce Laws, Kory Staheli, Stephen Elmo Averett

BYU Law Library Publications

A summary of current Utah domestic relations law. Current legal forms and sample filing documents are included in the Appendix.


Finding Prejudice From Lost Esi: An Analysis Of Courts’ Standards Under Amended Federal Rule Of Civil Procedure 37(E), Thomas J. Joyce 2019 University of Oklahoma College of Law

Finding Prejudice From Lost Esi: An Analysis Of Courts’ Standards Under Amended Federal Rule Of Civil Procedure 37(E), Thomas J. Joyce

Oklahoma Law Review

No abstract provided.


Procedural Fairness In Antitrust Enforcement: The U.S. Perspective, Christopher S. Yoo, Hendrik M. Wendland 2019 University of Pennsylvania Law School

Procedural Fairness In Antitrust Enforcement: The U.S. Perspective, Christopher S. Yoo, Hendrik M. Wendland

Faculty Scholarship at Penn Law

Due process and fairness in enforcement procedures represent a critical aspect of the rule of law. Allowing greater participation by the parties and making enforcement procedures more transparent serve several functions, including better decisionmaking, greater respect for government, stronger economic growth, promotion of investment, limits corruption and politically motivated actions, regulation of bureaucratic ambition, and greater control of agency staff whose vision do not align with agency leadership or who are using an enforcement matter to advance their careers. That is why such distinguished actors as the International Competition Network (ICN), the Organization for Economic Cooperation and Development (OECD), the ...


Plaintiff Personal Jurisdiction And Venue Transfer, Scott Dodson 2018 University of California Hastings College of Law

Plaintiff Personal Jurisdiction And Venue Transfer, Scott Dodson

Scott Dodson

Personal jurisdiction usually focuses on the rights of the defendant. That is because a plaintiff implicitly consents to personal jurisdiction in the court where the plaintiff chooses to file. But what if the defendant seeks to transfer venue to a court in a state in which the plaintiff has no contacts and never consented to personal jurisdiction? Lower courts operate on the assumption that, in both ordinary venue-transfer cases under 28 U.S.C. § 1404(a) and multidistrict-litigation cases under § 1407(a), personal-jurisdiction concerns for plaintiffs simply do not apply. I contest that assumption. Neither statute expands the statutory authorization ...


Beyond Bias In Diversity Jurisdiction.Docx, Scott Dodson 2018 University of California Hastings College of Law

Beyond Bias In Diversity Jurisdiction.Docx, Scott Dodson

Scott Dodson

The long-running debate over the propriety and proper scope of diversity jurisdiction has always centered on the traditional justification for diversity jurisdiction: the need to avoid actual or perceived state-court bias against out-of-state parties. Supporters of diversity jurisdiction assert that such bias continues to justify diversity jurisdiction, while opponents argue that it does not. In my view, both sides have it wrong. Supporters are wrong that out-of-state bias and its perception are sufficient to justify diversity jurisdiction today. Yet opponents are wrong that the lack of bias supports the abolition or extreme restriction of diversity jurisdiction. The problem is the ...


In Re: Estate Of Sarge 134 Nev. Adv. Op. 105 (Dec. 27, 2018), Kaila Patrick 2018 University of Nevada, Las Vegas -- William S. Boyd School of Law

In Re: Estate Of Sarge 134 Nev. Adv. Op. 105 (Dec. 27, 2018), Kaila Patrick

Nevada Supreme Court Summaries

The Court overruled the consolidation rule established in Malin v. Farmers Insurance Exchange and held that a final order resolving a consolidated case is immediately appealable as a final judgment, even if the other constituent cases or other cases are still pending. Accordingly, the Court held that the appeal at issue may proceed because the challenged order finally resolved one of multiple consolidated cases.


Gonor V. Dale, 134 Nev. Adv. Op. 109 (Dec. 27, 2018) (En Banc), Esteban Hernandez 2018 University of Nevada, Las Vegas -- William S. Boyd School of Law

Gonor V. Dale, 134 Nev. Adv. Op. 109 (Dec. 27, 2018) (En Banc), Esteban Hernandez

Nevada Supreme Court Summaries

The Court found that the 90-day period in which a deceased party’s successor or representative must seek to substitute for the deceased plaintiff begins when a party files a suggestion of death on the record, not on the actual date of death. But, because appellants failed to identify the proper party to maintain the survival action within 90 days, the Court affirmed the district court’s dismissal of the suit with prejudice.


Big Horn County Electric Cooperative, Inc. V. Big Man, Brett Berntsen 2018 Alexander Blewett III School of Law at the University of Montana

Big Horn County Electric Cooperative, Inc. V. Big Man, Brett Berntsen

Public Land & Resources Law Review

The tribal exhaustion doctrine requires that parties first exhaust available tribal court remedies before challenging tribal jurisdiction in federal court. Exactly what constitutes an exhaustion of tribal court remedies, however, remains riddled with nuance. In Big Horn County Electric Cooperative, Inc. v. Big Man, the U.S. District Court for the District of Montana rejected a U.S. magistrate judge’s recommendation to remand a case to tribal court to further develop the factual record. Instead, the district court relied on federal circuit court precedent in holding that exhaustion had occurred when the tribal appellate court expressly ruled on the ...


Certainty Vs. Flexibility In The Conflict Of Laws, Kermit Roosevelt III 2018 University of Pennsylvania Law School

Certainty Vs. Flexibility In The Conflict Of Laws, Kermit Roosevelt Iii

Faculty Scholarship at Penn Law

Traditional choice of law theory conceives of certainty and flexibility as opposed values: increase one, and you inevitably decrease the other. This article challenges the received wisdom by reconceptualizing the distinction. Rather than caring about certainty or flexibility for their own sake, it suggests, we care about them because each makes it easier to promote a certain cluster of values. And while there may be a necessary tradeoff between certainty and flexibility, there is no necessary tradeoff between the clusters of values. It is possible to improve a choice of law system with regard to both of them. The article ...


Martin V. United States, Mitch L. WerBell V 2018 Alexander Blewett III School of Law at the University of Montana

Martin V. United States, Mitch L. Werbell V

Public Land & Resources Law Review

In Martin v. United States, the Federal Circuit Court dismissed a Fifth Amendment regulatory takings and exaction claim for want of ripeness when the claimant failed to apply for a permit, which would have allowed for an assessment of the cost of compliance with governmentally imposed requirements. By finding the claim unripe, the court stood firm on the historical view that federal courts may only adjudicate land-use regulatory takings and inverse condemnation claims on the merits after a regulating entity has made a final decision. However, jurisprudential evolution of the ripeness doctrine and judicial review of takings claims may be ...


Class Actions, Statutes Of Limitations And Repose, And Federal Common Law, Stephen B. Burbank, Tobias Barrington Wolff 2018 University of Pennsylvania Law School

Class Actions, Statutes Of Limitations And Repose, And Federal Common Law, Stephen B. Burbank, Tobias Barrington Wolff

Faculty Scholarship at Penn Law

After more than three decades during which it gave the issue scant attention, the Supreme Court has again made the American Pipe doctrine an active part of its docket. American Pipe addresses the tolling of statutes of limitations in federal class action litigation. When plaintiffs file a putative class action in federal court and class certification is denied, absent members of the putative class may wish to pursue their claims in some kind of further proceeding. If the statute of limitations would otherwise have expired while the class certification issue was being resolved, these claimants may need the benefit of ...


If An Interpreter Mistranslates In A Courtroom And There Is No Recording, Does Anyone Care?: The Case For Protecting Lep Defendants’ Constitutional Rights, Lisa Santaniello 2018 Northwestern Pritzker School of Law

If An Interpreter Mistranslates In A Courtroom And There Is No Recording, Does Anyone Care?: The Case For Protecting Lep Defendants’ Constitutional Rights, Lisa Santaniello

Northwestern Journal of Law & Social Policy

No abstract provided.


The Myth Of Morrison: Securities Fraud Litigation Against Foreign Issuers, Robert Bartlett, Matthew D. Cain, Jill E. Fisch, Steven Davidoff Solomon 2018 University of California - Berkeley

The Myth Of Morrison: Securities Fraud Litigation Against Foreign Issuers, Robert Bartlett, Matthew D. Cain, Jill E. Fisch, Steven Davidoff Solomon

Faculty Scholarship at Penn Law

Using a sample of 388 securities fraud lawsuits filed between 2002 and 2017 against foreign issuers, we examine the effect of the Supreme Court’s decision in Morrison v. National Australia Bank. We find that the description of Morrison as a “steamroller” substantially ending litigation against foreign issuers is a myth. Instead, we find that Morrison did not substantially change the type of litigation brought against foreign issuers, which both before and after Morrison focused on foreign issuers with a U.S. listing and substantial U.S. trading volume. While dismissal rates rose post-Morrison we find no evidence that ...


Now Is The Winter Of Ginsburg's Dissent: Unifying The Circuit Split As To Preliminary Injunctions And Establishing A Sliding Scale Test, Taylor Payne 2018 University of Tennessee, Knoxville

Now Is The Winter Of Ginsburg's Dissent: Unifying The Circuit Split As To Preliminary Injunctions And Establishing A Sliding Scale Test, Taylor Payne

Tennessee Journal of Law and Policy

The preliminary injunction is an equitable remedy that may be granted to prevent harm to a movant before adjudication on the merits can be reached. The United States Supreme Court most recently iterated in Winter v. National Resource Defense Counsel, Inc. the four factors a court must consider for a preliminary injunction to issue.[1] A movant seeking a preliminary injunction must establish that the movant is likely to succeed on the merits; that the movant is likely to suffer irreparable harm in the absence of preliminary relief; that the balance of equities tips in the movant’s favor; and ...


$314m And Sovereign Immunity Are At Stake In Upcoming High Court Case, Peter B. Rutledge, Amanda W. Newton 2018 University of Georgia Law School

$314m And Sovereign Immunity Are At Stake In Upcoming High Court Case, Peter B. Rutledge, Amanda W. Newton

Popular Media

The Nov. 7 Supreme Court arguments in Republic of Sudan v. Harrison will implicate issues of civil procedure, sovereign immunity, and statutory interpretation. At stake for the Republic of Sudan is $314 million in Sudanese assets. More broadly, however, the court’s decision could have ramifications for any nation, including the United States, that enjoys sovereign immunity.


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