Damages Award Limited in Nevada Case Involving Tortious Conduct by California Franchise Tax Board

By | Sutherland SALT Shaker | April 29, 2016

In a 4-4 decision, the U.S. Supreme Court affirmed the Nevada courts’ exercise of jurisdiction over the California Franchise Tax Board (FTB), but held, by a majority of the justices, that the taxpayer could only receive the damages Nevada provides for suits by private citizens against Nevada agencies.

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Reading the Cuozzo Tea Leaves: Best Practices Pending the Supreme Court’s Decision

Reading the Cuozzo Tea Leaves: Best Practices Pending the Supreme Court’s Decision

The Supreme Court of the United States heard oral argument today on claim construction in inter parte review (IPR) proceedings and the reviewability of institution decisions (a copy of the petition for certiorari is reported at “Supreme Court Accepts 1st IPR Appeal: Cuozzo Could Mark Turning Point for Patent Owners”).

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U.S. Supreme Court Holds That a Public Employee Can Assert First Amendment Retaliation Claim Based On Employer Perceptions

U.S. Supreme Court Holds That a Public Employee Can Assert First Amendment Retaliation Claim Based On Employer Perceptions

On April 26, 2016, the U.S. Supreme Court decided that a public agency can incur liability for a First Amendment violation if it demotes or disciplines one of its employee based on the agency’s mistaken belief that the employee has exercised a right of free expression. 

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Leaving Real Estate Investment Trusts in the Cold: How the Americold Case Could Preclude Establishing Diversity Jurisdiction in Federal Court

The Supreme Court’s most recent citizenship opinion, Americold Realty Trust v. Conagra Foods, Inc., could make removing or keeping a case in federal court based on diversity more difficult for a statutory trust with a proprietary or complex ownership structure.

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Washington Football Franchise Calls an Audible, Tries to Score at the Supreme Court

Last week, the United States Patent and Trademark Office (“USPTO”) in Lee v. Simon Shiao Tam, asked the United States Supreme Court to reverse the decision of the United States Federal Circuit, which held that trademark law’s ban on “disparaging” trademark registrations violates the First Amendment. 

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