On June 26, 2013, the Supreme Court of the United States issued its ruling on the Proposition 8 matter in an opinion authored by John Roberts, Chief Justice of the United States. After first noting the public is currently engaged in an active political debate over whether same-sex couples should be allowed to marry, the high […]
DOMA Found Unconstitutional By High Court.
Two New York women were lawfully married in Canada in 2007. One of them died in 2009, leaving her entire estate to the survivor who sought to claim the estate tax exemption for surviving spouses. The Defense of Marriage Act [28 U.S.C. § 1738C ; DOMA] barred her from succeeding on her exemption claim. § 3 […]
$21 Million To Compensate For Woman’s Injuries Due To Drug Tossed By United States Supreme Court.
In 1978, an anti-inflammatory drug was approved by the Food and Drug Administration [FDA], and in 2004, the drug was prescribed for plaintiff to treat her shoulder pain. The United States Supreme Court noted: “The results were horrific. Sixty to sixty-five percent of the surface of [plaintiff’s] body deteriorated, was burned off, or turned into an […]
Employer Not Responsible For Actions Of A Co-Worker Toward Plaintiff.
Plaintiff, an African American woman, brought an action against her employer alleging she had been subjected to a racially hostile work environment by a co-worker, who is a white woman. The trial court granted summary judgment in favor of the employer because the co-worker was not plaintiff’s supervisor and could not hire, fire, demote, promote, transfer […]
I Pledge Allegiance To The Opposition Of Prostitution.
Congress passed the Leadership Act in 2003 [22 U.S.C. § 7601 et seq.] to combat HIV/AIDS. The Act makes the reduction of HIV/AIDS behavioral risks a priority of all prevention efforts. The Department of Health and Human Services and the United States Agency for International Development [USAID] are the federal agencies primarily responsible of overseeing implementation. The […]
Ingenius Settlement May Be Anti-Competitive Because Of The “Market Power Derived From The Patent.”
A drug company patented a drug [drug company #1] and a generic drug manufacturer [drug company #2] filed applications for generic drugs modeled after the patented drug. #1 brought an action against #2 claiming patent infringement. After the Food and Drug Administration approved the generic product, #1 and #2 entered into a settlement whereby #2 would […]
DMV Records Can’t Be Used To Solicit Clients.
The Driver’s Privacy Protection Act of 1994 [DPPA; 18 U.S.C. §§ 2721-2725] regulates the disclosure of personal information contained in the DMV records of state motor vehicle departments. An exception in the DPPA, 18 U.S.C. § 2721(b)(4), permits obtaining personal information for use “in connection with” judicial and administrative proceedings, including “investigation in anticipation of litigation” […]
State May Not Impose Additional Requirements For Voter Registration.
The National Voter Registration Act of 1993 [NVRA; 42 U.S.C. §1973gg-4(a)(1)] requires states to “accept and use” a federal form to register voters. The form requires only that an applicant state under penalty of perjury that he or she is a citizen. Arizona had an additional requirement for registration officials to reject the federal form applications […]
Generic Drug Manufacturer Stays In The Case.
Plaintiff brought an action against the manufacturers of a brand-name drug as well as its generic equivalent. The generic drug company demurred, citing PLIVA, Inc. v. Mensing (2011) 131 S.Ct. 2567, [180 L.Ed.2d 580], in which the United States Supreme Court held that claims a generic drug manufacturer should have included stronger warning labels than those […]
DNA Not Patent Eligible.
Under the Patent Act [35 USC § 101], patents may be issued to whoever invests or discovers any new and useful composition of matter. The United States Supreme Court held that a naturally occurring DNA segment is a product of nature and is not patent eligible. But a synthetically created strand of DNA called cDNA is […]
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