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Supreme Court upholds challenged patent review practice
Law & Court News | 2018/04/23 10:17
The Supreme Court has upheld a challenged practice that is used to invalidate patents without the involvement of federal courts.

The justices on Tuesday rejected a bid to strike down a process established by Congress in 2011 to speed up patent reviews.

The justices voted 7-2 in favor of the U.S. Patent and Trademark Office's patent review process. It has been used to invalidate hundreds of patents since it was established in 2012.

Chief Justice John Roberts and Justice Neil Gorsuch dissented.


Court weighs punishment for judge for courthouse affair
Law & Court News | 2018/04/22 10:18
A Massachusetts judge who engaged in sexual acts with a social worker in his chambers has damaged the public's faith in the judicial system and can no longer command the respect necessary to remain on the bench, the head of the state's Commission on Judicial Conduct said Tuesday.

Howard V. Neff III, executive director of the commission, told the Supreme Judicial Court that an indefinite suspension that would allow lawmakers to decide whether to remove Judge Thomas Estes from the bench is the only proper punishment for behavior Neff called "egregious."

"Unless this court sets a precedent that makes it absolutely clear that this type of conduct will not be tolerated ... there is little hope that public trust in the administration of public justice in Massachusetts will be restored," Neff said.

Estes admits he had a sexual relationship with Tammy Cagle, who worked in the special drug court where he sat. But Estes denies allegations Cagle made in a federal lawsuit, including that he coerced her into performing oral sex on him and played a role in getting her removed from the drug court when she tried to end the relationship.

Estes, who's married and has two teenage boys, attended Tuesday's hearing but left the courthouse without speaking to reporters. The court did not immediately decide Estes' punishment. He is asking for a four-month suspension.



Italy's high court refuses to release migrant rescue ship
Law & Court News | 2018/04/22 10:17
Italy's highest court has rejected a request by a German group to release its migrant rescue boat seized eight months ago by prosecutors investigating allegations that non-governmental organizations colluded with migrant smugglers.

The German group, Jugend Rettet, said Tuesday that it was devastated by the Cassation Court's ruling and that "we will fight for the right to rescue people in danger at sea."

Doctors Without Borders said the ruling "sends a working signal (that) Europe will continue to criminalize humanitarian organizations conducting search-and-rescue operations ... rather than strengthening capacities to save lives at sea."

Prosecutors told the court that the Iuventa was seized based on three episodes in which crew members had contact with migrant smugglers. The group's spokesman, Philipp Kulker, said in Berlin that the evidence had been fabricated.


Clicking 'checkout' could cost more after Supreme Court case
Law & Court News | 2018/04/17 05:27
The Supreme Court is hearing a case this week that could affect how much customers pay for online purchases.

At issue is a rule saying that businesses don't have to collect state sales taxes when those businesses ship to a state where they don't have an office, warehouse or other physical presence.

Large retailers with brick-and-mortar stores have to collect sales taxes nationwide, but smaller online sellers can often avoid doing so.

Large retailers say the rule puts them at a competitive disadvantage. States say they're losing out in billions of dollars in tax revenue.

But small businesses that sell online say the complexity and expense of collecting taxes nationwide could drive them out of business.



North Carolina court allows case against dance instructors
Law & Court News | 2018/04/10 10:58
still be sued by the employer who wrangled the foreign-born pair's permission to work in the United States.

Happy Dance Inc. studio owner Michael Krawiec said Wednesday he's not yet discussed with his lawyer how to proceed after last week's ruling by the state Supreme Court.

The court decided breach of contract and other claims can continue against two dance instructors from Bosnia and Serbia, but the Charlotte studio that hired them away is largely out of the woods.

U.S. dance studios face a chronic search for instructors and have filled the gap by importing foreign workers from Eastern Europe and other countries where learning to waltz or tango is part of growing up.


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