On January 31, 2017, President Donald Trump announced that he would nominate Judge Neil M. Gorsuch, of the U.S. Court of Appeals for the Tenth Circuit, for the U.S. Supreme Court. If confirmed, Judge Gorsuch would take up the seat vacated by the late Justice Antonin Scalia, who died last year.
Here’s what you might want to know about Judge Gorsuch:
- Judicial Service: He currently serves as a judge on the U.S. Court of Appeals for the Tenth Circuit. He was nominated for that position by George W. Bush on May 10, 2006, to fill a seat vacated by David M. Ebel. Judge Gorsuch was confirmed by the Senate on July 20, 2006, and received commission on August 8, 2006.
This complaint concerned the T-65 X-wing fighter plane, a fictional vehicle created in connection with the movie Star Wars Episode IV: A New Hope. Walt Disney Company owned the trademark for the fictional vehicle. Plaintiff developed a marketing plan pursuant to which Disney would license to a non-party the right to use the X-wing name and appearance, the non-party would develop the vehicle in the appearance of an X-wing (the “Flying Car”), and Plaintiff would raise the funds for development of the Flying Car. Plaintiff planned on promoting the Flying Car via tie-ins to Disney’s new Star Wars movie to be released in 2017. Plaintiff made an unsolicited proposal involving Star Wars marketing to Disney, but Disney responded that it was not interested in his proposal. Plaintiff filed this complaint against Disney and its CEO and Board Chairman, claiming that Defendants were “stalling the next evolution of human transportation on this planet.” The individual Defendants, both residents of California, moved to dismiss for lack of jurisdiction, and all Defendants moved to dismiss for failure to state a claim. The Court of Chancery granted the motions, holding that Plaintiff failed to perfect jurisdiction over the individual Defendants and failed to state a claim against any of the Defendants.
The issue this case presented for the Supreme Court’s review centered on the termination Respondent-appellant Billy McCall’s (Father) parental rights to K.P.M.A. (Child). Child was born out-of-wedlock to T.Z. (Mother) in 2012. Prospective adoptive parents, petitioners-appellees Marshall and Toni Michelle Andrews had had physical custody of the child since she was released from the hospital after birth. On appeal of his termination, father argued: (1) whether his due process rights were violated; (2) whether he received ineffective assistance of counsel during the termination proceedings; and (3) whether the trial court’s determination was supported by clear and convincing evidence. After review of the trial court record, the Supreme Court concluded that termination of the natural father’s parental rights was improper because the natural father’s due process rights were violated, and the termination of the natural father’s parental rights was not supported by clear and convincing evidence.
Plaintiff was an abusive litigant. In this case, Plaintiff filed a complaint against Defendant, which the trial court dismissed for failure to prosecute or comply with applicable rules under Ind. Trial Rule 41(E). The court of appeals dismissed Plaintiff’s appeal with prejudice for Plaintiff’s failure to file a timely brief and appendix. The Supreme Court denied Plaintiff’s petition to transfer jurisdiction and refrained from imposing sanctions or restrictions. This per curiam opinion also gave guidance to the state’s courts on options when confronted with abusive and vexatious litigation practices.
Plaintiffs, small business owners, filed a class action suit alleging that Yelp, an online forum, extorted or attempted to extort advertising payments from them by manipulating user reviews and penning negative reviews of their businesses. Plaintiffs filed suit against Yelp for violations of California’s Unfair Competition Law (UCL), Cal. Bus. & Prof. Code 17200 et seq.; civil extortion; and attempted civil extortion. The district court dismissed the suit for failure to state a claim. The court concluded that Yelp’s manipulation of user reviews, assuming it occurred, was not wrongful use of economic fear, and that the business owners pled insufficient facts to make out a plausible claim that Yelp authored negative reviews of their businesses. Therefore, the court agreed with the district court that these allegations did not support a claim for extortion. The court held that, to state a claim of economic extortion under both federal and California law, a litigant must demonstrate either that he had a pre-existing right to be free from the threatened harm, or that the defendant had no right to seek payment for the service offered. Given these stringent standards, plaintiffs failed to sufficiently allege that Yelp wrongfully threatened economic loss by manipulating user reviews. None of the business owners have stated a claim of “unlawful” conduct on the basis of extortion. Therefore, the court dismissed the separate claims of civil extortion and attempted civil extortion. Further, plaintiffs’ UCL claim failed under the “unfair” practices prong. Accordingly, the court affirmed the judgment of the district court.
The Fraternal Order of Police (FOP), an incorporated collective bargaining organization that represents the approximately 6,600 active police officers employed by the Philadelphia, operates a political action committee, COPPAC, for purposes of distributing contributions to candidates for local and state office. FOP, COPPAC, and four police officers challenged the constitutionality of section 10-107(3) of the Philadelphia Home Rule Charter, which prohibits employees of the Philadelphia Police Department from making contributions “for any political purpose,” 351 Pa. Code 10.10-107(3). The provision was enacted in 1951, based on Philadelphia’s history of political patronage. As interpreted by its implementing regulation, employees of the police department cannot donate to COPPAC because it uses some of its funds for partisan political purposes. The Charter ban applies only to the police, and does not proscribe political donations made by Philadelphia’s other 20,000 employees, the vast majority of whom are organized interests. The Third Circuit reversed summary judgment upholding the ban. Despite its valid concerns, the city did not explain how the ban serves in a direct and material way to address these harms. Given the lack of fit between the stated objectives and the means selected to achieve it, the Charter ban is unconstitutional.
Plaintiffs filed suit challenging Virginia Code sections 20-45.2 and 20-45.3; the Marshall/Newman Amendment, Va. Const. art. I, 15-A; and any other Virginia law that bars same sex-marriage or prohibits the State’s recognition of otherwise-lawful same-sex marriages from other jurisdictions (collectively, the Virginia Marriage Laws). Plaintiffs argued that these laws violate the Due Process and Equal Protection Clauses of the Fourteenth Amendment. The district court granted plaintiffs’ motion for summary judgment and enjoined Virginia from enforcing the laws. As a preliminary matter, the court concluded that each of the plaintiffs had standing as to at least one defendant, and the court declined to view Baker v. Nelson as binding precedent. The court concluded that strict scrutiny analysis applied in this case where the Virginia Marriage Laws impede the right to marry by preventing same-sex couples from marrying and nullifying the legal import of their out-of-state marriages. Proponents contend that five interests support the laws: federalism-based interests, history and tradition, protecting the institution of marriage, encouraging responsible procreation, and promoting the optimal childrearing environment. The court concluded, however, that these interests are not compelling interests that justify the Virginia Marriage Laws. Therefore, all of the proponents’ justifications for the laws fail and the laws cannot survive strict scrutiny. Accordingly, the court concluded that the Virginia Marriage Laws violate the Due Process and Equal Protection Clauses of the Fourteenth Amendment to the extent that they prevent same-sex couples from marrying and prohibit Virginia from recognizing same-sex couples’ lawful out-of-state marriages. The court affirmed the judgment of the district court.
King v. Burwell
