Earlier this month, the U.S. Supreme Court heard arguments in Great Lakes Insurance v. Raiders Retreat Realty. Justices will consider choice-of-law clauses in maritime insurance contracts.
Ronald Mann Posts
Justices rule against Andy Warhol estate in copyright dispute
by Ronald Mann | May 31, 2023 | Copyright
This decision provides a major statement in the role that copyright law plays in fostering artistic creativity, as the court upheld the claim of a famed celebrity photographer, Lynn Goldsmith, that the Andy Warhol estate infringed her copyright in a photograph of the musician Prince when it licensed an image Warhol derived from that photograph to serve as a cover on a Condé Nast issue published shortly after Prince’s death.
Divided court rejects Texas’ bid to control gambling in tribal casinos
by Ronald Mann | Jun 24, 2022 | American Indian Law
The U.S. Supreme Court decision in Ysleta del Sur Pueblo v. Texas resolves a longstanding dispute about the ability of Texas to control gambling on the lands of two of the Native American tribes that reside there. The answer the court gave was a stern rebuke, vitiating the plenary control that lower-court decisions had granted the state for more than a quarter of a century
Opinion Analysis: Kavanaugh’s First Opinion Rejects Vague Exception Limiting Enforcement of Arbitration Agreements
by Ronald Mann | Jan 9, 2019 | International Commercial and Investor-State Arbitration
The justices’ first opinion day of 2019 brought the first opinion from Justice Brett Kavanaugh, writing for a unanimous court in Henry Schein Inc. v. Archer & White Sales Inc. The case is the most recent in a decade-long string of opinions under the Federal Arbitration Act, in which the Supreme Court consistently has reversed lower-court decisions refusing to enforce arbitration agreements.
Argument Preview: Justices to Mull Who Decides Whether to Arbitrate – The Judge or the Arbitrator
by Ronald Mann | Oct 29, 2018 | International Commercial and Investor-State Arbitration
The November argument session begins with yet another case under the Federal Arbitration Act — Henry Schein Inc. v. Archer & White Sales Inc. With Henry Schein, New Prime Inc. v. Oliveira (from October) and Lamps Plus Inc. v. Varela (later on Monday morning), the court will have three FAA cases under its belt before the first of November – almost a match for the Armed Career Criminal Act!