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Litigation

Food Labeling: Genetically Modified Organisms - Podcast

Litigation Practice Group Podcast
Stephen Gardner, Kenneth K. Lee May 18, 2015

There has been a recent surge in consumer class action lawsuits challenging "all natural" labels found in food products. In particular, many lawsuits have targeted "all natural" food products that have ingredients made from so-called Genetically Modified Organisms (GMOs). Plaintiffs have argued that these food products cannot be labeled as "all natural" because GMOs are not natural. This Teleforum provided a background on "all natural" labeling and GMOs and offered a discussion on recent case law and trends in this still-developing area of law.

  • Stephen Gardner, Of Counsel, Stanly Law Group
  • Kenneth K. Lee, Partner, Jenner and Block

Does Patent Litigation Need a Federal Solution? - Podcast

Intellectual Property Practice Group Podcast
Eli Dourado, Jay Kesan May 13, 2015

The America Invents Act, the first substantial legislative changes to patent law, took effect two years ago. Late last year, attempts to reform patent law stalled when late opposition to the proposed act was voiced. This year, a number of legislative proposals are under consideration in both houses of Congress. Some proponents of patent reform cite increasing patent litigation as a key indicator that reform is necessary, while opponents argue that the empirical evidence used to support those claims is faulty. Our experts debated new and old empirical evidence, and the underlying need for further patent reform.  Professor Kesan referred to a PowerPoint prseentation available for download on this page.

  • Eli Dourado, Director of Technology Policy Program, Research Fellow, Mercatus Center, George Mason University School of Law
  • Prof. Jay Kesan, H. Ross & Helen Workman Research Scholar, Director, Program in Intellectual Property and Technology Law, University of Illinois College of Law

United States v. Wong and United States v. June - Post-Decision SCOTUScast

SCOTUScast 5-12-15 featuring Richard Peltz-Steele
Richard J. Peltz-Steele May 12, 2015

On April 22, 2015, the Supreme Court issued its decision in two related cases: United States v. Wong and United States v. June

In both cases the central issue is whether the time limit for filing a lawsuit or claim with a federal court or agency under the Federal Tort Claims Act can be suspended, or “tolled,” for reasons of equity.

In an opinion delivered by Justice Kagan, the Court held by a vote of 5-4 that limitations periods under the Federal Tort Claims Act are subject to equitable tolling. Justices Kennedy, Ginsburg, Breyer, and Sotomayor joined Justice Kagan’s opinion for the Court. Justice Alito filed a dissenting opinion, which Chief Justice Roberts and Justices Scalia and Thomas joined. The decision of the Ninth Circuit was affirmed and the case remanded.

To discuss the case, we have Prof. Richard Peltz-Steele, who is a Professor of Law at the University of Massachusetts at Dartmouth School of Law.

Should a royalty agreement exceed the life of a patent?

Short video featuring Greg Dolin
Gregory Dolin May 12, 2015

Professor Greg Dolin of the University of Baltimore School of Law discusses the dispute in Kimble v. Marvel, a case argued before the Supreme Court in March.  Petitioner Kimble invented and patented a toy.  Respondent Marvel contractually agreed to pay royalties on that patent that included a period of time after the expiration of the patent.  The Court is being asked to overrule a precedent dating back to 1964 which held such agreements to be unlawful per se.  

As always, the Federalist Society takes no position on particular legal or public policy issues; all expressions of opinion are those of the speaker.

Supreme Court to Consider Oklahoma Execution Method - Podcast

Criminal Law & Procedure Practice Group Podcast
Kent S. Scheidegger May 05, 2015

On Wednesday, April 29, 2015, the Supreme Court heard oral arguments in Glossip v. Gross. The case turns on the efficacy of the first drug in Oklahoma’s three-drug execution protocol, the subject of controversy after a highly publicized botched execution last year; critics claim that this drug is unable to reliably produce the deep, coma-like unconsciousness necessary to avoid the pain and suffering that can result from the administration of the second and third drugs, and that the protocol violates the Eighth Amendment because of this. Oral arguments were expected to be revealing as to whether the court will focus narrowly on the specific execution method in question or range more broadly over important constitutional issues related to the death penalty.

  • Kent S. Scheidegger, Legal Director & General Counsel, Criminal Justice Legal Foundation