JURIST Supported by the University of Pittsburgh
PAPER CHASE NEWSBURSTDigest RSS feedFull RSS feed
Serious law. Primary sources. Global perspective.


Monday, April 19, 2010

Supreme Court to hear copyright, employment discrimination cases
Jaclyn Belczyk at 10:23 AM ET

[JURIST] The US Supreme Court [official website; JURIST news archive] on Monday granted certiorari [order list, PDF] in four cases. In Costco v. Omega [docket; cert. petition, PDF], the court will decide whether the first-sale doctrine [17 USC § 109(a)], which provides that the owner of any particular copy "lawfully made under this title" may resell that good without the authority of the copyright holder, applies to imported goods manufactured abroad. Swiss watchmaker Omega [corporate website] manufactures watches in Switzerland and then sells them to authorized distributors overseas. Watches were purchased by third parties and eventually sold to Costco [corporate website], which sold them to US consumers without authorization from Omega. The US Court of Appeals for the Ninth Circuit held [opinion, PDF] that the first-sale doctrine does not apply to imported goods.

In Staub v. Proctor Hospital [docket; cert. petition, PDF], the court will consider in what circumstances an employer may be held liable based on the unlawful intent of officials who caused or influenced but did not make the ultimate employment decision. Vincent Staub sued his former employer under the Uniformed Services Employment and Reemployment Rights Act (USERRA) [text] for wrongful termination. The US Court of Appeals for the Seventh Circuit ruled [opinion, PDF] that the unlawful intent of the officials who allegedly brought about Staub's dismissal could not be attributed to the employer.

In United States v. Tohono O'odham Nation [docket; cert. petition, PDF], the court will decide whether 28 USC § 1500 [text] deprives the Court of Federal Claims (CFC) [official website] of jurisdiction over a claim seeking monetary relief for the government's alleged violation of fiduciary obligations if the plaintiff has another suit pending in federal district court based on substantially the same operative facts, especially when the plaintiff seeks monetary relief or other overlapping relief in the two suits. 28 USC § 1500 provides that the CFC lacks jurisdiction over "any claim for or in respect to which the plaintiff has any suit or process against the United States" or its agents "pending in any other court." The Tohono O'odham Nation filed a complaint against the US in the US District Court for the District of Columbia, and, one day later, it filed a similar complaint against the US in the CFC. The US Court of Appeals for the Federal Circuit reversed [opinion, PDF] the CFC's dismissal of the case, concluding "that the Nation's complaint in the Court of Federal Claims seeks relief that is different from the relief sought in its earlier-filed district court action."

In Ransom v. MBNA [docket; cert. petition, PDF], the court will consider whether, in calculating the debtor's "projected disposable income" during the plan period, the bankruptcy court may allow an ownership cost deduction for vehicles only if the debtor is actually making payments on the vehicles. The Ninth Circuit ruled [opinion, PDF] that the bankruptcy court may not allow such deductions.






Link |  | print | subscribe | RSS feeds | latest newscast | Facebook page

For more legal news check the Paper Chase Archive...


LATEST LEGAL NEWS

 Federal appeals courts split on health care subsidies
1:03 PM ET, July 22

 HRW: FBI stings pushed people to terrorism
10:07 AM ET, July 22

 Obama signs order on LGBT job discrimination
9:07 AM ET, July 22

 click for more...

Get JURIST legal news delivered daily to your e-mail!

LATEST FORUM

Unprecedented Notice of Warrantless Wiretapping in a Closed Case
DOMESTIC
Ramzi Kassem
CUNY School of Law

ABOUT

Paper Chase is JURIST's real-time legal news service, powered by a team of 30 law student reporters and editors led by law professor Bernard Hibbitts at the University of Pittsburgh School of Law. As an educational service, Paper Chase is dedicated to presenting important legal news and materials rapidly, objectively and intelligibly in an accessible, ad-free format.

CONTACT

Paper Chase welcomes comments, tips and URLs from readers. E-mail us at JURIST@jurist.org