Yesterday, the internet was ablaze with articles on the U.S. Supreme Court's unanimous decision in Caniglia v. Strom, et al., docket no. 20-157, and people cheering that the U.S. Supreme Court announced the death knell not only to warrantless searches of one's home and seizure of one's firearms but also to red flag laws. Unfortunately, … Continue reading SCOTUS Decision on Warrantless Gun Seizure Isn’t What It’s Being Touted To Be…
The U.S. Supreme Court ruled unanimously Thursday, April 23, 2020 that a trademark infringement plaintiff doesn’t have to show willful infringement by the defendant to obtain an award of profits. Justice Neil M. Gorsuch wrote the opinion for the court. Gorsuch said the Lanham Act’s wording does not support a willfulness requirement in suits for false … Continue reading Supreme Court rules willful infringement isn’t required to award profits in trademark cases
Once again the Supreme Court has denied certiorari in another Second Amendment Case. Silvester, et al. v. Becerra was an appeal from the 9th Circuit challenging California's 10-day waiting period to firearm purchasers. In particular, the petition for certiorari raised the issue of whether the 9th Circuit "improperly applied lenient scrutiny in a Second Amendment challenge … Continue reading Supreme Court Denies Certiorari in ANOTHER Second Amendment Case
On June 23, 2016, the U.S. Supreme Court decided that case of Birchfield v. North Dakota, 14-1468, in which the Court held that while implied consent laws relative to driving under the influence (DUI) may impose civil penalties, it is unconstitutional for them to impose criminal penalties for refusing to consent. Specifically, as the Syllabus … Continue reading US Supreme Court Decision Affects Firearms Rights – Ability to Obtain Relief from Certain DUIs!
By Allen Thompson, Esq. In a close case, Navarette v. California, 572 U.S. (2014), the Supreme Court of the United States ruled 5-4 today that an anonymous 911 call may serve as the sole basis for a lawful investigative stop, even where responding police officers cannot confirm the material facts of … Continue reading Drivers Beware: Unconfirmed Anonymous Tips Now OK For Traffic Stop Basis
By Allen Thompson, Esq. Today, the Supreme Court of the United States struck down the limitations on the total amount of money an individual can contribute to the entire political process. McCutcheon v. FEC, 572 U.S. (2014), concerned the aggregate contributions an individual can make to all political candidates within a specified amount of time. The … Continue reading Supreme Court Rejects Limits on Total Political Contributions
By Allen Thompson, Esq. UPDATE: The Supreme Court, on Monday, denied the petition, declining to accept the case for review. No opinion was issued as to the denial. UPDATE: The case has been distributed for today's conference. UPDATE: The docket now reflects that Respondents have timely filed their response. The Supreme Court of the United States … Continue reading Case to Watch: Drake v. Jerejian