Tag Archives: SCOTUS opinions

SCOTUS Opinion: Court Clarifies “Clear Evidence” Standard For Failure-To-Warn Claims

Merck manufactured the drug Fosamax to combat osteoporosis in postmenopausal women. Merck’s scientists theorized that use of Fosamax might cause atypical femoral fractures, but the drug label approved by the Food and Drug Administration in 1995 did not include a warning for those fractures. After 1995, evidence of such fractures started to develop. In 2008, Merck applied to the FDA... Read More >

SCOTUS Opinion: Court Preserves Indian Treaty Hunting Rights

In 1868, the United States and the Crow Tribe entered into a treaty in which the U.S. got most of the Tribe’s land in modern-day Montana and Wyoming, in exchange for hunting rights in unoccupied land. In Herrera v. Wyoming, Tribe member Clayvin Herrera was charged with off-season hunting in the Bighorn National Forest, and Wyoming’s appellate courts affirmed... Read More >

SCOTUS Opinion: Foreign States Must Be Served On Home Soil With Process

To gain personal jurisdiction over a foreign sovereign under the Foreign Sovereign Immunities Act, service of process must be accomplished, among other options, “by any form of mail requiring a signed receipt, to be addressed and dispatched . . . to the head of the ministry of foreign affairs of the foreign state concerned.” 28 U.S.C. sec. 1608(a)(3). In... Read More >

SCOTUS Opinion: National Park Service Cannot Regulate Navigable Waters

For decades, John Sturgeon drove a hovercraft on the Nation River to get to a moose hunting ground in Alaska. A portion of that river ran through the Yukon-Charley Preserve, which was a designated a conservation unit under the Alaska National Interest Lands Conservation Act. The Act designated as public lands only and being part of such a unit... Read More >

Additional Practical Analysis: Obduskey v. McCarthy & Holthus LLP

The U.S. Supreme Court ruled unanimously on March 20, 2019 in Obduskey v. McCarthy & Holthus LLP that a law firm hired to pursue a nonjudicial foreclosure under Colorado law was not a debt collector under the Fair Debt Collection Practices Act (FDCPA). In a nonjudicial foreclosure, notice to the parties and sale of the property occur outside... Read More >

SCOTUS Opinion: Manufacturers Have Duty To Warn Sailors Of Products That Require Asbestos Parts

In Air & Liquid System Corp. v. DeVries, a company manufactured equipment for three Navy ships that, as shipped, contained no asbestos, but required asbestos insulation or parts to work as intended. The Navy added the asbestos parts later when the equipment was installed on the ships. The equipment was put into use, releasing asbestos into the... Read More >

SCOTUS Opinion: No Copyright Infringement Suit Until A Copyright Is Registered

In Fourth Estate Public Benefit Corp. v. Wall-Street.com, LLC, Fourth Estate licensed works to a news website. The parties cancelled the licensing agreement, but the website did not remove the works. Fourth Estate sued for copyright infringement under the Copyright Act, but its lawsuit was dismissed because Fourth Estate had only applied to register the works—the Register of... Read More >

SCOTUS Opinion: Copyright Act’s Award Of Costs Limited To Those Available Under Typical Bill Of Costs

Oracle accused Rimini Street, Inc. of violating various copyrights, and won at trial. Under the Copyright Act, the district court awarded Oracle $12.8 million in litigation expenses under the Act. The district court acknowledged that it was awarding Oracle costs that were not within the six designated categories set forth under 28 U.S.C. secs. 1821 and 1920,... Read More >

SCOTUS Opinion: Court Limits Immunity Afforded Under The International Organizations Immunity Act Of 1945

Originally, the International Organizations Immunity Act of 1945 (IOIA) granted foreign corporations virtually absolute immunity from suit. In 1952, the State Department adopted a more restrictive view, carving out commercial acts from that immunity. Congress then passed the Foreign Sovereign Immunities Act (FSIA) in 1976, which specifically excepted commercial activity with a sufficient nexus in the United States... Read More >

SCOTUS Opinion: Eighth Amendment Bars Execution Of Defendant Without “Rational Understanding” Of The Reason For Execution

After he was sentenced to death for killing a police officer, Vernon Madison suffered a series of strokes and was diagnosed with dementia. In a prior series of appeals by Madison, the U.S. Supreme Court held that his mere inability to remember his crime did not establish that Madison was incompetent to be executed. When his execution was rescheduled on... Read More >

SCOTUS Opinion: Failure To File Appeal Is Constitutionally Deficient Even After Defendant Signs Appeal Waiver

In Garza v. Idaho, Garza signed two plea agreements for state crimes, each of which included a waiver of his appeal rights. After he was sentenced, Garza told his counsel that he wanted to appeal. His counsel did not file any appeal, telling Garza that his waivers made any such appeal “problematic.” After the deadline to appeal passed, Garza... Read More >

Court Upholds Challenge To Designation Of A “Critical Habitat”

Under the Endangered Species Act, when an animal is classified as “endangered,” the Secretary of the Interior must then designate the “critical habitat” of that animal for protection. In 2001, the dusky gopher frog was classified as endangered. The Secretary then designated the four areas where the frogs currently lived as critical habitats, along with another area, dubbed “Unit... Read More >