Subscript Law

Argument: January 22, 2020 Petitioner Brief: Kendra Espinoza, et al. Respondent Brief: Montana Department of Revenue, et al. Decision: TBA Court below: Supreme Court of the State of Montana Montana faces Establishment Clause questions over a tax credit program Montana established a tax credit program that allows people to donate to a scholarship fund for students attending private schools. In return, the taxpayer receives a matching tax credit of up to $150. The scholarship fund provides scholarships to private school students, including those who attend religious private schools.      Montana’s Department of Revenue was tasked with administering the tax credit program. When it began working to carry out the program, it realized the program — as written by Montana’s legislature — came into conflict with the Montana Constitution.  The Montana Constitution includes a provision called the “Blaine Amendment.” The Blaine Amendment prohibits the state from u...

Argument: January 15, 2020 Petitioner Brief: Noris Babb Respondent Brief: Robert Wilkie, Secretary of Veterans Affairs Decision: TBA Court below: United States Court of Appeals for the Eleventh Circuit Justices to make precedential ruling on proof required in age discrimination cases In 2014 Dr. Noris Babb, a clinical pharmacist, sued the Secretary of the U.S. Department of Veterans Affairs (VA), for employment discrimination. She filed under two different federal laws: the Age Discrimination in Employment Act of 1967 (ADEA) and the Civil Rights Act of 1964 (Title VII). Under the ADEA, she sued for age discrimination, and under Title VII she sued for discrimination based on her sex.  Babb’s lawsuit claimed that based on her age and sex, the VA: (1) limited her duties so as to hurt her chances of promotion; (2) denied her several promotions; (3) denied her training opportunities; and, when it later promoted her, (4) allocated her too little holiday pay. Babb also charg...

Argument: January 14, 2020 Petitioner Brief: Romag Fasteners, Inc. Respondent Brief: Fossil, Inc., et al. Decision: TBA Court below: Federal Circuit Court of Appeals Can Fossil keep its profits after using counterfeit fasteners on its handbags? In 2002, Fossil agreed to use Romag fasteners in Fossil’s handbags. In 2010, Romag discovered that Fossil handbags included counterfeit ROMAG branded fasteners.   The suit Romag sued Fossil for trademark infringement, and a jury found that Fossil infringed Romag’s trademark rights.  The jury also concluded that Fossil recognized a risk that its Chinese suppliers may be using counterfeit fasteners. The jury awarded Romag about $6.8M of Fossil’s profits to prevent Fossil from profiting from the infringement and to deter future infringement.   Willfulness However, the lower courts held the law requires “willful” infringement to award profits.  Romag was not able to prove Fossil was actually aware o...

Argument: January 14, 2019 Petitioner Brief: Bridget Anne Kelly Respondent Brief: United States Decision: TBA Court below: United States Court of Appeals for the Third Circuit Christie staffer involved in Bridgegate seeks to avoid criminal prosecution One of the three NJ officials who took the fall for the 2013 “Bridgegate” scandal is at the Supreme Court this term. She argues she shouldn’t face criminal fraud charges for her actions. “Bridgegate” In 2013, three New Jersey officials ordered the closure of two lanes of the George Washington Bridge — the busiest bridge in the world — to get back at the mayor of Fort Lee, New Jersey. The mayor had refused to support Chris Christie’s run for governor, and the Christie appointees closed the lanes to cause traffic problems in Fort Lee.  The lane closures took place on the first day of school in September 2013, and the thousands of commuters to New York City were backed up for hours. The traffic was so bad that a group of p...