Justices take up “Trump Too Small” trademark case
Monday, June 5, 2023

It has been more seven years since Sen. Marco Rubio, a Republican from Florida, claimed in a presidential debate that then-candidate Donald Trump had “small hands.” On Monday the justices agreed to weigh in on a trademark dispute that arises indirectly from that comment –... The post Justices tak... .. read more..

Supreme Court rules against union over strike liability
Friday, June 2, 2023

In an 8-1 opinion on Thursday, the justices provided a new definition to the limits on the right to strike under federal labor law. At issue in Glacier Northwest v. International Brotherhood of Teamsters, Local Union 174was whether an employer could sue its employees’ union... The post Supreme Co... .. read more..

Justices limit suits challenging misleading securities registration statements
Thursday, June 1, 2023

As expected, Thursday’s decision in Slack Technologies v. Pirani rejected a lower-court ruling that had substantially broadened liability for publicly traded companies under Section 11 of the Securities Act of 1933. That provision imposes liability for false or misleading material in a statement ... .. read more..

Supreme Court maintains focus on defendant’s subjective beliefs in False Clai...
Thursday, June 1, 2023

In a unanimous opinion on Thursday, the Supreme Court rejected an attempt to shift the knowledge standard in False Claims Act cases that had the potential to gut the government’s primary anti-fraud statute. The justices avoided, for now, more nuanced questions that could ultimately affect... The ... .. read more..

Prohibiting trademarks using other people’s names — and hypothetical jurisdic...
Thursday, June 1, 2023

The Relist Watch column examines cert petitions that the Supreme Court has “relisted” for its upcoming conference. A short explanation of relists is available here. This week the court will be considering 150 certiorari petitions and applications at its conference Thursday. It will be considering... .. read more..