ERISA Claim – Standing to Sue
Plaintiffs James Thole and Sherry Smith are retired participants in U. S. Bank’s defined-benefit retirement plan, which guarantees them a fixed payment each month regardless of the plan’s value or its fiduciaries’ good or bad investment decisions.
Habeas Corpus – Successive Petition
A state prisoner is entitled to one fair opportunity to seek federal habeas relief from his conviction.
Constitution’s Appointment Clause Violation – Senate Confirmation
The Constitution’s Appointments Clause says that the President “shall nominate, and by and with the Advice and Consent of the Senate, shall appoint Ambassadors, other public Ministers and Consuls, Judges of the supreme Court, and all other Officers of the United States . . . .”
Equitable Estoppel Violation
The question in this case is whether the Convention on the Recognition and Enforcement of Foreign Arbitral Awards, June 10, 1958, 21 U. S. T. 2517, T. I. A. S. No. 6997, conflicts with domestic equitable estoppel doctrines that permit the enforcement of arbitration agreements by nonsignatories.
Foreign Sovereign Immunities Act – Damages
In 1998, al Qaeda operatives simultaneously detonated truck bombs outside the United States Embassies in Kenya and Tanzania.
Defense Preclusion
This case arises from protracted litigation between petitioners Lucky Brand Dungarees, Inc., and others (collectively Lucky Brand) and respondent Marcel Fashions Group, Inc. (Marcel).
1st Amendment Violation – Abuse of Discretion
This case concerns 8 U. S. C. §1324, which makes it a federal felony to “encourag[e] or induc[e] an alien to come to, enter, or reside in the United States, knowing or in reckless disregard of the fact that such coming to, entry, or residence is or will be in violation of law.” §1324(a)(1)(A)(iv).
Immigration – Removal Order
Under the immigration laws, a noncitizen who is authorized to live permanently in the United States is a lawful permanent resident—also commonly known as a green-card holder.
Trademark Infringement – Damages
United States Supreme Court Case Name: Romag Fasteners, Inc., v. Fossil. Inc., et al. Case No.: 18-1233 Focus: Trademark Infringement – Damages When it comes to remedies for trademark infringement, the Lanham Act authorizes many. A district court may award a winning plaintiff injunctive relief, damages, or the defendant’s ill-gotten profits. Without question, a defendant’s […]
Statutory Interpretation – Clean Water Act – Navigable Waters
The Clean Water Act forbids “any addition” of any pollutant from “any point source” to “navigable waters” without an appropriate permit from the Environmental Protection Agency (EPA).
6th Amendment Violation
In 48 States and federal court, a single juror’s vote to acquit is enough to prevent a conviction.
Inter Partes Review – Patent Claim Validity
Inter partes review is an administrative process in which a patent challenger may ask the U. S. Patent and Trademark Office (PTO) to reconsider the validity of earlier granted patent claims.
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