Law

It's hard to think about SCO today, but Cahn continues to file. Now he wants Tanner to audit SCO's 401(k) plan. I'd prefer that he audit all the professionals' bills, personally.

The interim appointment of an Acting Principal Deputy Solicitor General this week got me thinking about the choice of a successor to Elena Kagan as Solicitor General.  I don’t know precisely where the process stands (and in fact, I don’t know who will make the decision), but as with the choice of a nominee to [...]

The interim appointment of an Acting Principal Deputy Solicitor General this week got me thinking about the choice of a successor to Elena Kagan as Solicitor General.  I don’t know precisely where the process stands (and in fact, I don’t know who will make the decision), but as with the choice of a nominee to [...]

On the Oracle v. Google litigation announcement, here's something that I don't see anyone else mentioning yet. On the Oracle patents, in a post-Bilski world, the right question would seem to be: Are *any* of the asserted Oracle patents tied to a specific machine? That test wasn't tossed overboard. The Supreme Court said [PDF] it's a helpful test, just not the only one. Carlo Daffara has the patents Oracle is relying on listed with helpful links here. Groklaw member Celtic_hackr went through them and sees none that are tied to any specific machine. Only look if you are free to do so, but this is a shout out to the lawyers out there to at least investigate this possibility. If it's true, this might turn into one of the most interesting litigations we've ever covered. Yes, Groklaw will cover this litigation soup to nuts. And may software patents crash into the ocean as an unintended consequence of this patent attack. I've collected some links to give you context. I put them in News Picks already, but unless I put them in an article, they're hard to find down the road, and now that I've decided Groklaw will cover this litigation, we'll probably want to refer to these resources.

Yesterday afternoon, federal district court judge Vaughn Walker declined to stay his decision invalidating California’s ban on same-sex marriage, re-igniting speculation that the issue will soon come before the Supreme Court.  At the Volokh Conspiracy, Orin Kerr predicts that the Court will overturn the denial of the stay, and, in a second post, discusses the [...]

Yesterday afternoon, federal district court judge Vaughn Walker declined to stay his decision invalidating California’s ban on same-sex marriage, re-igniting speculation that the issue will soon come before the Supreme Court.  At the Volokh Conspiracy, Orin Kerr predicts that the Court will overturn the denial of the stay, and, in a second post, discusses the [...]

Above the Law reports that newly confirmed Justice Elena Kagan has hired four law clerks, three of whom have just finished clerking for other Justices.  David Lat describes Kagan’s hiring of Allon Kedem, a former clerk for Justice Anthony Kennedy as “very shrewd,” explaining that Kedem “knows how [Justice Kennedy]  thinks and how the swing [...]

Analysis From the moment nearly 15 months ago that two master legal tacticians, David Boies and Theodore Olson, launched the case of Perry v. Schwarzenegger, it was almost universally expected that it would become a historic Supreme Court test of gay marriage and the Constitution.   Now, perhaps for the first time, it seems realistic to suggest that [...]

UPDATE:  Within a few hours after the judge refused their plea to postpone his ruling for more than a few days, the sponsors of Proposition 8 filed an emergency motion for a stay with the Ninth Circuit.  In a filing that in text runs to 75 pages, the proponents argued that the judge’s decision against the [...]

Analysis From the moment nearly 15 months ago that two master legal tacticians, David Boies and Theodore Olson, launched the case of Perry v. Schwarzenegger, it was almost universally expected that it would become a historic Supreme Court test of gay marriage and the Constitution.   Now, perhaps for the first time, it seems realistic to suggest that [...]

SCO Group's Chapter 11 Trustee, Edward Cahn, has now filed the monthly operating reports for June, as well as bills for Ocean Park Advisors for June and July. And take note: there's no hearing in bankruptcy court on Monday. Once again, it's called off. So, Ocean Park wants more money for advising SCO about its way forward and its obligations. I will provide my own analysis for free: SCO has fallen and it can't get up. It can never pay off all the folks it owes, even if it suddenly tried. The litigation history is rather clear, is it not, that SCO's stories in court rooms don't actually get believed? There's a reason for that, one SCO's current leadership might want to look into. As a result, SCO is now a serial loser. Extrapolate. The way forward seems clear enough to me. There is no way forward. There. I suggest my analysis is worth at least 5 cents. I'll assume my check is in the mail.

UPDATE:  Within a few hours after the judge refused their plea to postpone his ruling for more than a few days, the sponsors of Proposition 8 filed an emergency motion for a stay with the Ninth Circuit.  In a filing that in text runs to 75 pages, the proponents argued that the judge’s decision against the [...]

Through Sunday, August 15, we are continuing to accept applications for both blog internships, as well as for the job opening for a special assistant to Tom Goldstein/Howe & Russell office manager/SCOTUSblog staff member. See instructions and requirements for applying here (for the internships) and here (for the paid position). To answer a frequently asked [...]

Through Sunday, August 15, we are continuing to accept applications for both blog internships, as well as for the job opening for a special assistant to Tom Goldstein/Howe & Russell office manager/SCOTUSblog staff member. See instructions and requirements for applying here (for the internships) and here (for the paid position). To answer a frequently asked [...]

Above the Law reports that newly confirmed Justice Elena Kagan has hired four law clerks, three of whom have just finished clerking for other Justices.  David Lat describes Kagan’s hiring of Allon Kedem, a former clerk for Justice Anthony Kennedy as “very shrewd,” explaining that Kedem “knows how [Justice Kennedy]  thinks and how the swing [...]

Lawyers involved in the federal constitutional case over California’s ban on same-sex marriage — Proposition 8 — said Wednesday night that the judge will rule Thursday afternoon on whether to delay or put into effect his ruling striking down the ban.  The ruling on the stay request filed by supporters of Proposition 8 is expected [...]

Lawyers involved in the federal constitutional case over California’s ban on same-sex marriage — Proposition 8 — said Wednesday night that the judge will rule Thursday afternoon on whether to delay or put into effect his ruling striking down the ban.  The ruling on the stay request filed by supporters of Proposition 8 is expected [...]

First word has arrived from today's status hearing that SCO requested in SCO v. IBM, but we had more than one reporter there today, so there will be updates later tonight. SCO in its motion had asked that two of IBM's motions for summary judgment on some of SCO's claims, long on ice because of the SCO bankruptcy, be revived and allowed to go forward so SCO could pursue claims not affected, in SCO's view, by SCO's loss in the SCO v. Novell case. IBM, of course, opposed on several grounds. First, it makes no sense to go forward until SCO's appeal is decided. Second, IBM wasn't crazy about SCO's idea of being allowed to go forward piecemeal, with IBM standing there tied up, so to speak, while SCO gets to kick them in the shins. IBM's position as well is that all SCO's claims are off the table, due to its loss in the Novell case, so unless it wins on appeal, there's nothing to go forward on. What a waste of judicial resources. Oddly, SCO, as it turned out, at the conference asked to proceed on only one of the motions, #782, IBM's Motion for Summary Judgment on SCO's Unfair Competition Claim (SCO's Sixth Cause of Action). Probably they read IBM's memorandum in opposition. Argument was heard, and the judge, the Hon. Tena Campbell, has taken it under advisement.

Academics have written extensively on the Supreme Court’s decisions in Bell Atlantic Corp. v. Twombly and Ashcroft v. Iqbal.  The cases appeared to replace the so-called “notice pleading” standard with the requirement that claims in pleadings survive review for “plausibility”—an arguably higher hurdle.  These decisions did not claim to be radically altering the pleading standards, [...]

With Elena Kagan now embarking on her new role as a Justice, attention has turned to who might fill the role she is leaving, and when. In an article for the Daily Journal, Lawrence Hurley reports that although “the White House does not have a solicitor general nominee lined up,” the current Acting Solicitor General, [...]