Muslim, was arrested on criminal charges and detained by federal officials under restrictive conditions. Iqbal filed a Bivens action against numerous federal officials, including petitioner Ashcroft, the former Attorney General, and petitioner Mueller, the Director of the Federal Bureau of Investigation (FBI). See Bivens v. Six Unknown Fed. Narcotics Agents, 403 U.S. 388, 91 S.Ct. […]

United States v. Booker

SCALIA, JUSTICE SOUTER, JUSTICE THOMAS, and JUSTICE GINSBURG join this opinion.The question presented in each of these cases is whether an application of the Federal Sentencing Guidelines violated the Sixth Amendment. In each case, the courts below held that binding rules set forth in the Guidelines limited the severity of the sentence that the judge […]

Bird law

OPINION AND ORDER WILLIAM C. CONNER, District Judge. Plaintiffs, Cresenzi Bird Importers, Inc. (“Cresenzi”), Novak’s Tropical Aviary, Inc. (“Novak”) and Supreme Exotic Birds, Inc. (“Supreme”) (collectively, the “Importers”) brought this action against defendants, the State of New York, the New York State of Department of Environmental Conservation (“DEC”), and Henry Williams, as Commissioner of DEC […]

STANDARD OF REVIEW

STANDARD OF REVIEW “Summary judgment is appropriate if the pleadings, depositions, other discovery materials, and affidavits demonstrate the absence of a genuine issue of material fact and that the moving party is entitled to judgment as a matter of law.” Sally Beauty Co., Inc. v. Beautyco, Inc., 304 F.3d 964, 971 (10th Cir. 2002) (citing […]

Patent Law and the Supreme Court: Patent Certiorari Petitions Denied in 2018

Section 101 of the Patent Act, 35 U.S.C. § 101, establishes the broad categories of subject matter that are patent-eligible and has been construed to exclude abstract ideas. Section 101 is directed to the patent as a whole and does not impose substantive requirements beyond delineating the patent-eligible subject matters—requirements such as specificity and enablement […]

bens test post

Cole v. Jersey City Medical Center, 215 N.J. 165 (2013).  In Cole v. Jersey City Medical Center, 425 N.J. Super. 48 (App. Div. 2012), discussed here, the Appellate Division ruled that defendant, who had litigated this employment discrimination case for 21 months and then, three days before trial, sought to invoke an arbitration clause, was equitably estopped from doing so.  Today, […]