Supreme Court Opens New Political Contribution Opportunities for Big Donors | By Jim Kahl
In a divided 5-4 ruling in McCutcheon v. Federal Election
Commission, the Supreme Court this past Spring struck down the
federal election law's long-standing "biennial limit"
– the aggregate amount that a person can give to federal
candidates and other committees in a two-year election cycle.
Since Chief Justice Roberts became the top jurist in the nation,
the Supreme Court has demonstrated a surprising willingness to
overturn or vacate Federal Circuit jurisprudence.(FN1) Its recent
unanimous decisions in Nautilus and Limelight
Networks – each likely to have immediate and potentially
far reaching consequences on the practice of patent law –
continue that trend.
There is no doubt that the United States Supreme Court under
Chief Justice Roberts has taken a much more active role than
previous regimes in shaping our nation's patent
The United States Supreme Court issued two opinions today that
eliminated the Federal Circuit's rigid two-part test a
prevailing party must meet in order to recover attorney's fees
in a patent case, and heightened the appellate standard of review
of a district court's determination to award attorney's
Supreme Court Overturns Fourth Circuit Precedent on Time Limitations for Filing ERISA Benefit Lawsuits By Kathy Lange
ERISA does not contain a statute of limitations governing the
filing of a lawsuit for employee benefits under an ERISA plan, nor
does it specify when the clock begins to run.
Supreme Court's Decision in Employee Retirement Income Security Act (ERISA) Case Overturns 4th and 11th Circuit Rule Governing Finality of Judgment |By Kathy Lange
When a United States District Court judge enters judgment in a
case, but postpones for a later date determination of a party's
motion for attorneys' fees, when is the Court's decision
"final" under 28 U.S.C. § 1291, particularly when
counting the 30 days by which to appeal under the Federal Rules of
Appellate Procedure? Until recently, the answer in the Fourth and
Eleventh Circuit was: "It depends."
Supreme Court Refocuses the 11th Circuit in its Review of an ESOP Fiduciary's Duty of Prudence By Kathy Lange
Two years ago, when called upon to address an ESOP
fiduciary's duty of prudence in the context of a motion to
dismiss, the 11th Circuit Court of Appeals followed a long line of
cases: "We join our five sister circuits in ...review[ing]
only for an abuse of discretion the defendant's decision to
continue investing in and holding [company] stock in compliance
with the direction of the Plan."
The content of this article is intended to provide a general guide to the subject matter. Specialist advice should be sought about your specific circumstances.