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Tuesday round-up


  • In the wake of the recent decision by the U.S. Court of Appeals for the 9th Circuit in Robles v. Domino’s Pizza, holding that the ADA requires businesses to make websites accessible to the disabled, NFIB urges the Supreme Court to “clarify, once and for all, whether the ADA covers digital spaces.”
  • In The National Law Journal, Courtenay Brinckerhoff and Daniel Shelton look at Helsinn Healthcare S.A. v. Teva Pharmaceuticals USA Inc., in which the court held that the sale of an invention to a third party who is obligated to keep the invention confidential may place the invention “on sale” for purposes of the Leahy-Smith America Invents Act.
  • In an op-ed for The Hill, Sarah Turberville and Anthony Marcum criticize proposals for court packing, which, they argue, “does not address the core grievance of disenfranchisement and would instead accelerate the politicization of the Supreme Court.”
  • At Greenwire (subscription required), Ellen Gilmer remembers Ralph Lancaster, a trial lawyer who oversaw water cases in the Supreme Court, who died last week.
  • In an op-ed for Macomb (Michigan) Daily, Alan Loncar suggests that recent actions by the court’s conservative majority indicate that a “proper realignment of our constitutional moorings may be coming.”
  • At The World and Everything in It (podcast), Mary Reichard discusses the oral arguments in Merck Sharp & Dohme Corp. v. Albrecht, which raises questions about whether a state-law failure-to-warn claim is pre-empted by federal law regulating the safety and efficacy of prescription drugs, and Obduskey v. McCarthy & Holthus LLP, in which the justices are considering whether the Fair Debt Collection Practices Act applies to nonjudicial foreclosure proceedings.

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Recommended Citation: Andrew Hamm, Tuesday round-up, SCOTUSblog (Jan. 29, 2019, 9:32 AM),