In the Media

The argument yesterday morning in Retirement Plans Committee of IBM v. Jander suggests that the justices are not yet settled on a consensus resolution to this case.

The first morning of the term showed a welcome moment of camaraderie on the bench, as justices from both sides of the ideological spectrum seemed to join in their skepticism of the government’s position in Peter v. NantKwest. 

By Ronald Mann
Yesterday’s decision in Return Mail Inc. v. U.S. Postal Service offers the justices’ answer to yet another of the drafting weaknesses of the 2011 patent-reform statute commonly known as the AIA (officially christened the Leahy-Smith America Invents Act).

By Ronald Mann
Yesterday’s decision in Taggart v. Lorenzen will not go down as one of the major decisions of the term, but it should provide some useful guidance in an area as to which the Supreme Court has not previously spoken: the standards for punishing creditors that violate the discharge that bankruptcy provides to debtors.

By Ronald Mann
Yesterday’s opinion in Mission Product Holdings Inc. v. Tempnology, LLC resolved a long-standing disagreement in the lower courts about what happens when a debtor exercises its statutory right to reject a contract in bankruptcy. . . . Justice Elena Kagan’s opinion for the Supreme Court gives us a clear answer: Rejection breaches but does not rescind the contract in question.