In 1953, Congress passed the Outer Continental Shelf Lands Act (“OCSLA”) to regulate use of the outer continental shelf, defined as all submerged lands beyond the states’ three-mile coastal jurisdiction. See 43 U.S.C. § 1331(a). OCSLA granted the...
statutory interpretation
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Carlton & Harris Chiropractic (“Carlton & Harris”) is a West Virginia chiropractic office; PDR Network (“PDR”) sells healthcare products to doctors and other healthcare providers. Carlton & Harris Chiropractic, Inc. v. PDR Network et al. (“...
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Clemente Avelino Pereida, (“Pereida”) a Mexican citizen, entered the United States in 1995 without authorization. Pereida v. Barr at 1130. Pereida has remained in the U.S. since then, and he has been steadily employed, paid his taxes, and raised a...
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In 1839, Congress passed 35 U.S.C. § 145’s predecessor which set forth the modern framework for reimbursing the United States Patent and Trademark Office (“PTO”) for the expenses it incurs from litigating rejected patent claims. NantKwest, Inc. v....
(LIIBULLETIN preview (pre-2014))
Facts
The Coca-Cola Company (“Coca-Cola”) introduced a new beverage called “Pomegranate Blueberry” in September 2007. See POM Wonderful LLC v. Coca-Cola Co., 679 F.3d 1170, 1172 (9th Cir. Cal. 2012).Pom Wonderful LLC (“Pom”), a producer of pomegranate...
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On March 21, 2013, petitioner Ritzen Group, Inc. entered into a Real Estate Contract (“the Contract”) with respondent Jackson Masonry, LLC. Ritzen Group, Inc. v. Jackson Masonry, LLC, at 497. Under the Contract, Jackson Masonry was supposed to sell...
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Petitioner Kevin Rotkiske accrued credit card debt between 2003 and 2005. Rotkiske v. Klemm, at 424. The credit card issuer then appointed the law firm Klemm & Associates, managed by Respondent Paul Klemm, to collect Rotkiske’s debt. Id. Klemm sued...
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Petitioner S.D. Warren Company (“Warren”), a subsidiary of South African Pulp and Paper, owns and operates five hydroelectric dam projects on the Presumpscot River in Cumberland County, Maine. S.D. Warren Company v. Maine Board of Environmental...
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In 1972, Congress enacted the Clean Water Act (“CWA”) “to restore and maintain the chemical, physical, and biological integrity of the Nation’s waters.” Sackett v. United States EPA at 1079. The CWA prohibits any person from discharging pollutants into...
(LIIBULLETIN preview (pre-2014))
Issue
Is the recommendation of an attorney considered "property" which can be extorted for purposes of federal anti-extortion law?
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FactsThe New York State Comptroller is the sole trustee for the Common Retirement Fund (“Fund...