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3 weeks ago | 
jdsupra.com | Ian Blodger |Brock Huebner |Jessica Leano
Today, the Supreme Court of the United States granted certiorari in two cases:Ellingburg v. United States, No. 23-3129: This case addresses the Ex Post Facto Clause of the U.S. Constitution, which the government violates if: (1) it applies a penal law retroactively, and (2) retroactive application of the law disadvantages the affected offender by altering the definition of criminal conduct or increasing the punishment for the crime.
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3 weeks ago | 
jdsupra.com | Ian Blodger |Brock Huebner |Jessica Leano
The Supreme Court of the United States issued two decisions today:FDA v. Wages and White Lion Investments, L.L.C., No. 23-1038: This case concerns the validity of the FDA’s denial of electronic cigarette manufacturers’ applications to market their products. The Tobacco Control Act of 2009 grants the FDA broad jurisdiction to regulate tobacco products and prohibits a manufacturer from marketing any “new tobacco product” without FDA authorization.
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1 month ago | 
jdsupra.com | Ian Blodger |Brock Huebner |Jessica Leano
Yesterday, the Supreme Court of the United States issued two decisions:Bondi v. VanDerStok, No. 23-852: This case addresses a statutory challenge to ATF regulations designed to prohibit ghost guns—privately made firearms built from kits or collections of unfinished parts. The Gun Control Act of 1968 (“GCA”) imposes various licensing and recordkeeping requirements on those engaged in importing, manufacturing, or dealing in firearms. The GCA defines the term “firearm” to include “(A) any weapon . . .
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1 month ago | 
jdsupra.com | Ian Blodger |Brock Huebner |Jessica Leano
The Supreme Court of the United States issued two decisions on March 21st:Delligatti v.
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1 month ago | 
jdsupra.com | Ian Blodger |Brock Huebner |Jessica Leano
Today, the Supreme Court of the United States granted certiorari in two cases:Berk v. Choi, No. 24-440: Many states, including Delaware in this case, have “affidavit of merit” statutes that require certain types of lawsuits, like medical malpractice claims, be filed with an affidavit signed by an expert and/or the plaintiff’s attorney declaring that the claim has merit.
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1 month ago | 
jdsupra.com | Ian Blodger |Brock Huebner |Jessica Leano
The Supreme Court of the United States issued one decision today:Bufkin v. Collins, No. 23-713: This case involves the “benefit-of-the-doubt rule,” a unique standard of proof the Department of Veterans Affairs (“VA”) applies to a claim for service-related disability benefits that tips the scales in a veteran’s favor when “there is an approximate balance of positive and negative evidence” on any material issue.
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1 month ago | 
jdsupra.com | Ian Blodger |Brock Huebner |Jessica Leano
The Supreme Court of the United States issued one decision today:City and County of San Francisco v. EPA, No. 23-753: This case concerns the interpretation of the federal Clean Water Act (“CWA”) and its National Pollutant Discharge Elimination System (“NPDES”), which prohibits the discharge of pollutants into the waters of the United States.
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1 month ago | 
jdsupra.com | Ian Blodger |Brock Huebner |Jessica Leano
Today, the Supreme Court of the United States granted certiorari in one case:Barrett v. United States, No. 24-5774: A jury convicted Dwayne Barrett of robbery under the Hobbs Act, 18 U.S.C. § 1951, which prohibits actual or attempted robbery or extortion affecting interstate or foreign commerce.
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2 months ago | 
jdsupra.com | Ian Blodger |Brock Huebner |Jessica Leano
The Supreme Court of the United States issued two decisions today:Dewberry Group, Inc. v. Dewberry Engineers, Inc., No. 23-900: The Court held that in awarding the “defendant’s profits” to the prevailing plaintiff in a trademark infringement suit under the Lanham Act, a court can award only profits ascribable to the “defendant” itself. Dewberry Engineers successfully sued Dewberry Group, a commercial real estate company, for trademark infringement.
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2 months ago | 
jdsupra.com | Ian Blodger |Brock Huebner |Jessica Leano
The Supreme Court of the United States issued two decisions today:Lackey v. Stinnie, No. 23-621: This case clarifies when attorneys’ fees may be awarded to a “prevailing party” in a civil rights lawsuit via 42 U.S.C. § 1988(b). In this case, the plaintiffs obtained a preliminary injunction against the enforcement of a Virginia statute after the district court concluded the plaintiffs were likely to succeed on the merits.
