Byrne v. Wood, Herron & Evans, LLP

Pending petition
Docket No. Op. Below Argument Opinion Vote Author Term
11-1497 Fed. Cir. TBD TBD TBD TBD TBD

Issue: (1) Whether the Federal Circuit departed from the standard this Court articulated in Grable & Sons Metal Products, Inc. v. Darue Engineering & Manufacturing for “arising under” jurisdiction of the federal courts under 28 U.S.C. §1338, when it held that state law legal malpractice tort claims which involve no actual patents and have no impact on actual patent rights come within the exclusive jurisdiction of the federal courts because a patent was involved in the underlying litigation; and (2) whether the Federal Circuit’s overly broad and mistaken standard has caused a conflict among state courts and federal courts regarding federal jurisdiction with some other courts declining to assume federal jurisdiction of these state law tort cases.

SCOTUSblog Coverage

DateProceedings and Orders
Jun 8 2012Petition for a writ of certiorari filed. (Response due July 12, 2012)
Jun 27 2012Order extending time to file response to petition to and including August 13, 2012.
Aug 10 2012Brief of respondents Wood, Herron & Evans, LLP, et al. in opposition filed.
Sep 12 2012DISTRIBUTED for Conference of October 5, 2012.
Feb 20 2013DISTRIBUTED for Conference of February 22, 2013.
Feb 25 2013Petition GRANTED. Judgment VACATED and case REMANDED for further consideration in light of Gunn v. Minton, 568 U. S. ___ (2013).
Mar 29 2013JUDGMENT ISSUED.
 
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