Appellate Law News and Insights

U.S. Supreme Court Asked To Define “Willfully” For Anti-Kickback Violation

Published: Jul 01, 2024
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On June 7, 2024, a petition for writ of certiorari was filed with the Supreme Court of the United States asking that it resolve a critical legal issue pertaining to the federal Anti-Kickback Statute (42 U.S.C. § 1320a-7b(b)): "To act 'willfully' within the meaning of the ... Statute, must a defendant know...

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Supreme Court Holds That Traditional, Four-Part Preliminary Injunction Standard Applies To National Labor Relations Act Injunctions

Published: Jun 25, 2024
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On June 13, 2024, The Supreme Court ruled in Starbucks v. McKinney that the National Labor Relations Board ("Board") must meet the same four-part test that other litigants must satisfy in order to obtain a preliminary injunction. This holding resolves a split amongst the circuit courts, some of which have applied a...

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Supreme Court Says First Amendment Can’t Save ‘Trump Too Small’ Trademark Bid

Published: Jun 18, 2024
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Yesterday the Supreme Court issued an opinion in Vidal v. Elster, 602 U. S. ____ (2024), a case involving a plaintiff's attempt to register the trademark "Trump too small" (a reference to a key political issue in the 2016 Republican primary—the size of the former President's hands). The mark was rejected by...

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