Tag Archives: SCOTUS opinons
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SCOTUS Opinion: Religious School Denied Relief From Governor’s Closure Order
On November 18, the Governor of Kentucky issued an order closing all K-12 schools through the start of the holiday break, December 18, with schools reopening on January 4, due to the ongoing pandemic. In Danville Christian Academy, Inc. v. Beshear, a religious school sued and sought a preliminary injunction against that order as applied to religious schools. The district ... Read More
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SCOTUS Opinion: Court Enforces The “American Rule” Of Costs Against The Patent And Trademark Office
The Patent Act provides that when an applicant for a patent brings suit against the Patent and Trademark Office (PTO) when the Office rejects the applicant’s patent, the applicant must pay “[a]ll the expenses of the proceedings.” In Peter v. Nantkwest, Inc., a patent applicant sued the PTO under the Act when the PTO denied its application for a ... Read More
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SCOTUS Opinion: Seamen Are Not Entitled To Punitive Damages Under Claims Of Unseaworthiness
In Dutra Group v. Batterton, a sailor was injured when a hatch blew open. He sued the vessel’s owner claiming unseaworthiness, seeking compensatory and punitive damages. The owner moved to strike the punitive damages claim, which was denied by the district court and affirmed by the Ninth Circuit. The Court, in a 6-3 opinion by Justice Alito, reversed and ... Read More
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SCOTUS Opinion: Court Upholds Law Regarding Disposal Of Aborted Fetus Remains
Indiana passed a law preventing abortion providers from treating aborted fetuses as waste that could be incinerated with surgical byproducts, and also barred abortion providers from conducting abortions when the mother’s reason for aborting was sex, race, or disability selective. The Seventh Circuit invalidated both provisions, holding that the first was not rationally related to a legitimate government interest, and ... Read More
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SCOTUS Opinion: Fractured Court Upholds 1855 Indian Treaty Against State Gasoline Tax
A company owned by the Yakama Nation Indian tribe transported gasoline from Oregon to the tribe’s land in the State of Washington, using the public highways. Washington sought to tax those imports. The Yakama Nation objected, citing to an 1855 treaty with the federal government granting the Nation the right to use the public highways. The Washington state courts held ... Read More
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SCOTUS Opinion: Lost Wages Awarded Under Railroad Retirement Tax Act Are Compensation Subject To IRS Taxation
Michael Loos was injured while working for BNSF Railway Company. He sued his employer, and after trial was awarded $85,000 in pain and suffering, $11,212.78 in medical expenses, and $30,000 in lost wages as a result of him not being able to work from the injury. BNSF then argued that the lost wages award was “compensation . . . for ... Read More