Afternoon round-up: Today’s decisions
on Jun 16, 2016 at 4:58 pm
This morning the Court released three unanimous decisions. Mark Walsh provided a “view” from the Courtroom.
In Kirtsaeng v. John Wiley & Sons, Inc., the Court held that a district court deciding whether to award attorney’s fees under the Copyright Act’s fee-shifting provision should give substantial weight to the objective reasonableness of the loser’s position, while still taking into account all other relevant circumstances. Early coverage comes from Adam Liptak of The New York Times, David Kravets of Ars Technica, D.B. Hebbard of PoliMedia, Barbara Leonard of Courthouse News Service, Andrew Chung of Reuters, and Jaclyn Belczyk of JURIST. Early commentary comes from Gene Quinn at IP Watchdog.
In Kingdomware Technologies, Inc. v. United States, the Court held that contracting procedures under Section 8127(d) of the Veterans Benefits, Health Care, and Information Technology Act are always mandatory, so that the Department of Veterans Affairs must award contracts to veteran-owned small businesses if certain conditions are met. Amy Howe covered the decision for this blog. Other early coverage comes from Barbara Leonard of Courthouse News Service, Lydia Wheeler of The Hill, Richard Wolf of USA Today, and Jaclyn Belczyk of JURIST. Early commentary comes from Steven Koprince at SmallGovCon.
In Universal Health Services v. United States ex rel. Escobar, the Court held that the False Claims Act recognizes “implied false certification” claims. Early coverage comes from Greg Stohr of Bloomberg Politics, Brian Dunphy of The National Law Review, Daniel Fisher of Forbes, Liz Kowalczyk of The Boston Globe, Kevin Lessmiller of Courthouse News Service, and Lawrence Hurley of Reuters. Early commentary comes from Nataleigh Kohn at Whistleblower Protection Blog, Aurora Aguilar and Bob Herman at Modern Healthcare, and Noah Feldman for Bloomberg View.