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SCOTUScast

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May 30, 2023 • 23min

Jack Daniel’s Properties, Inc. v. VIP Products LLC - Post-Argument SCOTUScast

In Jack Daniel’s Properties, Inc. v. VIP Products LLC, the Supreme Court is considering "Whether humorous use of another’s trademark as one’s own on a commercial product is subject to the Lanham Act’s traditional likelihood-of-confusion analysis, or instead receives heightened First Amendment protection from trademark-infringement claims; and (2) whether humorous use of another’s mark as one’s own on a commercial product is “noncommercial” and thus bars as a matter of law a claim of dilution by tarnishment under the Trademark Dilution Revision Act."IP expert Adam Mathews joined us to break down the case and oral argument.Featuring:Adam Mathews, State Representative, Ohio, and Attorney, Ashbrook Byrne Kresge
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May 25, 2023 • 21min

Polselli v. Internal Revenue Service - Post-Decision SCOTUScast

On May 18, 2023, the Supreme Court issued its ruling in Polselli v. Internal Revenue Service. At issue was how much authority the IRS has (balanced against privacy rights) to seek records from third-party recordkeepers when it thinks such documents would help it collect a delinquent taxpayer’s payment.Join us to hear a discussion of the decision's reasoning and implications.Featuring:David Schizer, Harvey R. Miller Professor of Law and Economics and Dean Emeritus, Columbia Law School
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May 25, 2023 • 32min

Amgen Inc. v. Sanofi - Post-Argument SCOTUScast

On November 4, 2022, the Supreme Court granted cert in Amgen Inc. v. Sanofi, a patent infringement case that involves the application of the statutory enablement requirement of Section 112 of the patent laws to what is referred to as a "genus claim" as it applies in the context of pharmaceutical applications. The two patents in dispute relate to antibody drugs that reduce low-density lipoprotein (“LDL”) cholesterol.The Court heard oral arguments in the case on March 27. Specifically at issue is "whether enablement is governed by the statutory requirement that the specifications teach those skilled in the art to 'make and use' the claimed invention, or whether it must instead enable those skilled in the art 'to reach the full scope of claimed embodiments' without undue experimentation—i.e., to cumulatively identify and make all or nearly all embodiments of the invention without substantial 'time and effort.'"Robert Rando, an intellectual property attorney who filed an amicus brief in the case, joined us to break down the arguments.Featuring:Robert J. Rando, Partner, Greenspoon Marder LLP
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May 18, 2023 • 25min

Axon v. Federal Trade Commission - Post-Decision SCOTUScast

On April 14, 2023, the Supreme Court issued its ruling in Axon Enterprise, Inc. v. Federal Trade Commission. At issue was whether Congress stripped federal district courts of jurisdiction over constitutional challenges to the FTC by granting the courts of appeals jurisdiction over FTC cease-and-desist orders. Join us to hear Ronald Cass and Henry Su unpack the decision's reasoning and discuss its impacts going forward. Featuring: Ronald Cass, President, Cass & Associates, PC Henry Su, trial lawyer specializing in antitrust (worked for the FTC from 2011-2017)
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May 16, 2023 • 19min

Delaware v. Pennsylvania and Wisconsin - Post-Decision SCOTUScast

On February 28, 2023, the Supreme Court issued its ruling in Delaware v. Pennsylvania and Wisconsin. The issue at hand was a dispute over whether uncashed MoneyGrams qualify as “a money order, traveler’s check, or other similar written instrument (other than a third party bank check) on which a banking or financial organization or a business association is directly liable,” pursuant to 12 U.S.C. § 2503, and therefore whether they should be escheated to the debtor's or creditor's state.Join us to hear Prof. Adam MacLeod unpack the decision's reasoning and discuss its jurisprudential impacts going forward.Featuring:Adam Macleod, Professor of Law, Faulkner University Thomas Goode Jones School of Law
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May 4, 2023 • 18min

New York v. New Jersey - Post-Decision SCOTUScast

On April 18, 2023, the Supreme Court issued its ruling in New York v. New Jersey. The issue at hand is New Jersey's right to withdraw unilaterally from the 1953 Waterfront Commission Compact (with New York), in the face of opposition from New York.Tune in to hear Prof. Daniel Barnhizer, a contracts scholar and professor at Michigan State University College of Law, break down the background of the case, the reasoning behind the 9-0 vote, and the decision's implications.
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Apr 27, 2023 • 9min

Wilkins v. United States - Post-Decision SCOTUScast

On March 28, 2023, the Supreme Court issued its ruling in Wilkins v. United States. The issue at hand is the Quiet Title Act's statute of limitations.Tune in to hear Prof. Ilya Somin, a scholar of constitutional law, federalism, and property law from the Antonin Scalia Law School at George Mason University, break down the vote and the decision's implications.
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Apr 26, 2023 • 13min

Lac du Flambeau Band of Lake Superior Chippewa Indians v. Coughlin - Post-Argument SCOTUScast

On April 24, 2023, the Supreme Court heard oral argument in Lac du Flambeau Band of Lake Superior Chippewa Indians v. Coughlin. At issue is whether the Bankruptcy Code abrogates tribal sovereign immunity. Join us to hear from Prof. Tom Gede as he breaks down the case.
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Apr 24, 2023 • 22min

Polselli v. Internal Revenue Service - Post-Argument SCOTUScast

On March 29, 2023, the Supreme Court heard oral argument in Polselli v. Internal Revenue Service. At issue is how much authority the IRS has (balanced against privacy rights) to seek records from third-party recordkeepers when it thinks such documents would help it collect a delinquent taxpayer’s payment.Join us to hear from Prof. David Schizer as he breaks down the case, argument, and potential implications.
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Apr 21, 2023 • 21min

Smith v. United States - Post-Argument SCOTUScast

On March 28, 2023, the Supreme Court heard oral argument in Smith v. United States. At issue is a circuit split over the proper remedy for the government’s failure to prove venue: acquittal barring re-prosecution of the offense, or allowing the government to re-try the defendant for the same offense in a different venue.Join us to hear from Prof. Brian Kalt as he breaks down the case and argument.

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