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   Federal Courts - U. S. Supreme Court - January 9 - January 12, 2007

  
Burton v. Stewart, No. 05-9222, SUPREME COURT OF THE UNITED STATES, January 9, 2007, Decided
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Overview: Even though state prison inmate's habeas corpus petition asserted claims which were not exhausted in state court at time prior petition was denied, instant petition was second or successive petition and thus jurisdiction was lacking since inmate did not obtain appellate court authorization for second petition as required by 28 U.S.C.S. ? 2244.

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MedImmune, Inc. v. Genentech, Inc., No. 05-608, SUPREME COURT OF THE UNITED STATES, January 9, 2007, Decided
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Overview: The licensors contended that the licensee paid the royalties demanded by the licensors and thus there was no constitutional case or controversy to support federal jurisdiction under the Declaratory Judgment Act,. The licensee argued that it paid the royalties under protest to avoid the serious potential consequences of the licensors' threatened infringement action, and that the licensee was not required to actually suffer those consequences as a precursor to seeking judicial relief. The U.S. Supreme Court held that the licensee was not required, insofar as U.S. Const. art. III was concerned, to break or terminate its license agreement before seeking a declaratory judgment in federal court that the underlying patent was invalid, unenforceable, or not infringed. The licensee's self-avoidance of imminent injury by paying the royalties was coerced by the threatened enforcement action of the licensors, and the coercive nature of the exaction of royalties preserved the licensee's right to recover the royalties paid or to challenge the legality of the licensors' demand for royalties.

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United States v. Resendiz-Ponce, No. 05-998, SUPREME COURT OF THE UNITED STATES, January 9, 2007, Decided
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Overview: Respondent's indictment alleging attempted illegal reentry under 8 U.S.C.S. ? 1326(a) was not defective for failing to specifically allege a particular overt act, because it implicitly alleged that he engaged in the necessary overt act simply by alleging that he attempted to enter the United States; it also complied with Fed. R. Crim. P. 7(c)(1).

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Norfolk Southern Ry. v. Sorrell, No. 05-746, SUPREME COURT OF THE UNITED STATES, January 10, 2007, Decided
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Overview: In a FELA case arising from a railroad employee's accident, Missouri state courts erroneously applied different standards of causation to determine the railroad's negligence under 45 U.S.C.S. ? 51 and the employee's contributory negligence under 45 U.S.C.S. ? 53. FELA did not depart from the common-law practice of using the same causation standard.

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Ocwen Loan Servicing, LLC v. Washington, No. 05-1544 (R46-006), SUPREME COURT OF THE UNITED STATES, January 10, 2007, Decided
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Hinck v. United States, No. 06-376., SUPREME COURT OF THE UNITED STATES, January 12, 2007, Decided
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Struhs v. Wyner, No. 06-531., SUPREME COURT OF THE UNITED STATES, January 12, 2007, Decided
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Uttecht v. Brown, No. 06-413., SUPREME COURT OF THE UNITED STATES, January 12, 2007, Decided
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Watson v. Philip Morris Cos., No. 05-1284., SUPREME COURT OF THE UNITED STATES, January 12, 2007, Decided
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