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Supreme Court Will Review Eleventh Circuit’s Decision that Official Code of Georgia Annotated Cannot Be Copyrighted

The Supreme Court yesterday granted certiorari to review the Eleventh Circuit’s decision in Code Revision Commission v. Public.Resource.Org, Inc., 906 F.3d 1229 (11th Cir. 2018), cert. granted, 2019 WL 1047486 (U.S. June 24, 2019). The question presented for review in Georgia v. Public.Resource.Org, Inc. is whether the principle that “government edicts,” such as statutes and judicial...

Supreme Court Grants Review of Eleventh Circuit Case, Among Others, to Decide Title VII’s Application to LGBT Discrimination

The Supreme Court today granted certiorari in a number of cases considering whether Title VII prohibits discrimination against LGBT employees, including a case decided by the Eleventh Circuit, Bostock v. Clayton County, Georgia, 723 F. App’x 964 (May 10, 2018). In Bostock, a panel of Judges Tjoflat, Wilson, and Newsom affirmed, in an unpublished per curiam opinion, the dismissal of the...

Supreme Court Clarifies Law on Late-Filed Rule 23(f) Petitions

This week, the Supreme Court ruled that the 14-day deadline to file an interlocutory appeal of a district court’s class certification decision is not subject to equitable tolling.  Nutraceutical Corp. v. Lambert, No. 17-1094, 2019 WL 920828 (U.S. Feb. 26, 2019).  In Nutraceutical, after the district court issued a decision decertifying the class, the plaintiff filed a motion for...

Supreme Court to Consider TCPA Circuit Split on Interpretation of “Advertisement”

The Supreme Court will address a circuit split over the interpretation of the Telephone Consumer Protection Act’s provision imposing liability for sending unsolicited advertisements.  PDR Network, LLC v. Carlton & Harris Chiropractic, Inc., No. 17-1705, 2018 WL 3127423 (U.S. Nov. 13, 2018).  The majority view—held by the Eleventh Circuit—is that an unsolicited fax is only a...

SCOTUS Business Cases This Term (Part 2 – Arbitration)

The Court has several arbitration-related cases before it this term.  Lamps Plus, Inc. v. Varela concerns whether the FAA permits a state-law interpretation of an arbitration agreement that finds a contractual basis for class arbitration without class arbitration’s being specifically mentioned.  New Prime, Inc. v. Oliveira involves the FAA’s exception for “contracts...

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