APPLE VS SAMSUNG – IT’S NOT OVER

RothLawAppeals, News

One would think that a U.S. Supreme Court decision puts finality to a legal battle, even one between two giants of the business world.  But that will not be the case this week. The Supreme Court opinion in the ongoing battle Apple and Samsung starts, in essence, with a deceptively simple question – nearly a silly one: what is a … Read More

TIGHT-ROPE WAKING

RothLawAppeals, Business Services, Lawsuits

An old maxim holds that every wrong should have a remedy.  For better or worse, this is not exactly true.  Before one can avail oneself of the courts, two things must happen.  The putative plaintiff must have been wronged and he must have been injured as a result.  Without a concrete injury, Courts will not intervene. What causes a concrete … Read More

STILL FIGHTING OVER WHO PAYS

RothLawAppeals, Government Agencies, Lawsuits

A few statutes provide that the prevailing party receives their attorneys’ fees back from the other side.  One would think that who wins in a lawsuit is self-evident.  But while that will often be the case, quirks, twists, and turns happen. Take a case that recently came out of the U.S. Supreme Court.  The EEOC had sued a trucking company … Read More

WHY EVEN LIBERALS SHOULD MOURN JUSTICE SCALIA

RothLawAppeals

In 1953, Justice Jackson wished that the Court could have decided a case that came before them “by analysis of the statute instead of by psychoanalysis of Congress.”  Justice Black is said to have echoed this sentiment in speeches, saying how courts should perform an analysis of the law, not a psychoanalysis of the lawmaker. Influential as both Justice Jackson and … Read More

CIRCUIT SPLIT

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Our last post explained how any of the nearly 400,000 cases filed in Federal Court each year may work its way up to the U.S. Supreme Court.  But our readers will also remember that the Court hears only about 80 cases.  Even without counting petitions filed by prisoners, only a few percent of the cases submitted to the Supreme are … Read More