How Appealing



Monday, June 21, 2021

“Supreme Court Gives Goldman Sachs a Do-Over in Securities Fraud Suit; The justices said the bank may renew its arguments that its statements about honesty and integrity were too generic to support a class action for billions of dollars”: Adam Liptak of The New York Times has this report.

Jess Bravin and Brent Kendall of The Wall Street Journal report that “Supreme Court Orders More Proceedings in Goldman Sachs Shareholder Suit; Court rejects Wall Street bank’s plea to alter the standards for misrepresentations.”

And Alexandra Jones of Courthouse News Service reports that “Class Suing Goldman Sachs Decertified by Supreme Court; The justices sent a securities fraud case back to the Second Circuit on Monday for a look at whether the misrepresentations Goldman Sachs made to investors actually affected its stock price.”

Posted at 10:04 PM by Howard Bashman



“Supreme Court Says Over 200 Patent Judges Were Improperly Appointed; A fractured coalition of justices limited the effect of the decision, saying a larger role for an executive branch official would address the matter”: Adam Liptak of The New York Times has this report.

Jessica Gresko of The Associated Press has a report headlined “High court: Congress erred in patent dispute board setup.”

Andrew Chung of Reuters reports that “U.S. Supreme Court reins in power of patent tribunal judges.”

Greg Stohr and Susan Decker of Bloomberg News report that “Supreme Court Leaves Intact ‘Death Squad’ Patent Board.”

Alexandra Jones of Courthouse News Service reports that “High Court Says Patent Judges Must Be Appointed by President; The Supreme Court removed the secretary of commerce’s power to appoint administrative patent judges, finding they are principal officers who must be appointed by the president.”

And at his “Patently-O” blog, Dennis Crouch has a post titled “United States v. Arthrex: Supreme Court Preserves the PTAB.”

Posted at 9:58 PM by Howard Bashman



“Effective July 6, 2021, operation of the Unified Judicial System shall return to prepandemic status. All courtrooms, adjacent judicial facilities, chambers, and offices within the Unified Judicial System shall be fully opened and staffed by judges and other personnel.” So states an order that the Supreme Court of Pennsylvania issued today.

The Pa. Superior Court, the far busier of Pennsylvania’s two intermediate appellate courts, has scheduled a remote oral argument session to take place from July 20-22, 2021. It will be interesting to see whether that oral argument session will instead now occur in-person at that court’s Philadelphia courtroom.

Posted at 4:38 PM by Howard Bashman



Access today’s rulings of the U.S. Supreme Court in argued cases: The Court issued rulings in three argued cases.

1. Justice Amy Coney Barrett delivered the opinion of the Court in Goldman Sachs Group, Inc. v. Arkansas Teacher Retirement System, No. 20-222. Justice Sonia Sotomayor issued an opinion concurring in part and dissenting in part. And Justice Neil M. Gorsuch issued an opinion, in which Justices Clarence Thomas and Samuel A. Alito, Jr. joined, concurring in part and dissenting in part. You can access the oral argument via this link.

2. Justice Gorsuch delivered the opinion for a unanimous Court in National Collegiate Athletic Assn. v. Alston, No. 20-512. And Justice Brett M. Kavanaugh issued a concurring opinion. You can access the oral argument via this link.

3. And Chief Justice John G. Roberts delivered the opinion of the Court in part in United States v. Arthrex, Inc., No. 19-1434. Justice Gorsuch issued an opinion concurring in part and dissenting in part. Justice Stephen G. Breyer issued an opinion, in which Justices Sotomayor and Elena Kagan joined, concurring in the judgment in part and dissenting in part. And Justice Thomas issued a dissenting opinion, in which Justices Breyer, Sotomayor, and Kagan joined in part. You can access the oral argument via this link.

Posted at 10:01 AM by Howard Bashman