Turner v. United States: Exculpatory Evidence Problems Continue
July 16, 2017 Turner v. United States, 582 U.S. ___ (2017) (Breyer, J.). Response by Stephen A. Saltzburg Geo. Wash. L. Rev. On the Docket (Oct. Term 2016) Slip Opinion | Washington Post | SCOTUSblog Turner v. United States: Exculpatory Evidence Problems Continue In Turner v. United States,1 decided June 22, 2017, the Supreme Court revisited the... Read More
Entire Fairness in the Trust Indenture Act
Kirby M. Smith · July 2017 85 Geo. Wash. L. Rev. Arguendo 58 Recently, the Trust Indenture Act of 1939 has reappeared in out-of-court restructuring litigation. This piece of New Deal legislation was intended to prevent coercive restructurings whereby savvy institutional players took advantage of unknowledgeable or unengaged noteholders. Until recently, the Act was uncontested,... Read More
Trinity Lutheran Church v. Comer: Dodging on the Playground
July 5, 2017 Trinity Lutheran Church v. Comer, 582 U.S. ___ (2017) (Roberts, C.J.). Response by Ira C. Lupu & Robert W. Tuttle Geo. Wash. L. Rev. On the Docket (Oct. Term 2016) Slip Opinion | Washington Post | SCOTUSblog Trinity Lutheran Church v. Comer: Dodging on the Playground1 In Trinity Lutheran Church (“TLC”) v. Comer, the... Read More
Murr v. Wisconsin: The “Whole Parcel” Rule Prevails, At Least in This Regulatory Takings Case
June 27, 2017 Murr v. Wisconsin, 582 U.S. ___ (2017) (Kennedy, J.). Response by Robert L. Glicksman Geo. Wash. L. Rev. On the Docket (Oct. Term 2016) Slip Opinion | Washington Post | SCOTUSblog Murr v. Wisconsin: The “Whole Parcel” Rule Prevails, At Least in This Regulatory Takings Case How should a court assessing a regulatory takings... Read More
Bristol-Myers Squibb v. Superior Court of California: Another Big Personal Jurisdiction Win for Defendants
June 20, 2017 Bristol-Myers Squibb v. Superior Court of California, 582 U.S. ___ (2017) (Alito, J.). Response by Alan Morrison1 Geo. Wash. L. Rev. On the Docket (Oct. Term 2016) Slip Opinion | Bloomberg | SCOTUSblog Bristol-Myers Squibb v. Superior Court of California: Another Big Personal Jurisdiction Win for Defendants Over the past half-dozen years, the Supreme... Read More
Microsoft Corp. v. Baker: Another Supreme Court Defense Win in Class Actions
June 15, 2017 Microsoft Corp. v. Baker, 582 U.S. ___ (2017) (Ginsburg, J.). Response by Alan Morrison1 Geo. Wash. L. Rev. On the Docket (Oct. Term 2016) Slip Opinion | Law360 | SCOTUSblog Microsoft Corp. v. Baker: Another Supreme Court Defense Win in Class Actions Plaintiffs in class actions were dealt another blow on June 12th in... Read More
Kokesh v. SEC: SEC Actions for Disgorgement Are Subject to a Statute of Limitations
June 11, 2017 Kokesh v. SEC, 581 U.S. ___ (2017) (Sotomayor, J.). Response by Theresa A. Gabaldon Geo. Wash. L. Rev. On the Docket (Oct. Term 2016) Slip Opinion | SCOTUSblog Kokesh v. SEC: SEC Actions for Disgorgement Are Subject to a Statute of Limitations Since its inception in 1934, the Securities and Exchange Commission... Read More
Impression Products v. Lexmark: A Glib Rebuke of the Federal Circuit
June 11, 2017 Impression Products, Inc. v. Lexmark International, Inc., 581 U.S. ___ (2017) (Roberts, C.J.). Response by Andrew C. Michaels Geo. Wash. L. Rev. On the Docket (Oct. Term 2016) Slip Opinion | Wired | SCOTUSblog Impression Products, Inc. v. Lexmark International, Inc.: A Glib Rebuke of the Federal Circuit In Impression Products v. Lexmark,1 the... Read More
Midland Funding, LLC v. Johnson: Fair Debt Collections and Statutes of Limitations
May 30, 2017 Midland Funding, LLC v. Johnson, 581 U.S. ___ (2017) (Breyer, J.). Response by David Levine and Thomas Kearns Geo. Wash. L. Rev. On the Docket (Oct. Term 2016) Slip Opinion | SCOTUSblog Midland Funding, LLC v. Johnson: Fair Debt Collections and Statutes of Limitations On May 15, 2017, the Supreme Court resolved a circuit... Read More
TC Heartland v. Kraft Foods: Patent Venue Comes Home
May 29, 2017 TC Heartland LLC v. Kraft Foods Group Brands, 581 U.S. ___ (2017) (Thomas, J.). Response by Gaston Kroub Geo. Wash. L. Rev. On the Docket (Oct. Term 2016) Slip Opinion | Washington Post | SCOTUSblog TC Heartland v. Kraft Foods: Patent Venue Comes Home For many years, patent venue was a fringe issue. Yes,... Read More