KP Permanent Make-Up, Inc. v. Lasting Impression I, Inc. (03-409)

Greetings, Court fans!   The Court issued only one opinion yesterday, unanimously reversing a Ninth Circuit decision that held that a trademark defendant asserting the affirmative defense of “fair use” has the burden of proving that its actions are not...

Miller-El v. Dretke (03-9659), Johnson v. California (04-6964)

Greetings, Court fans!   We’re following up on Tuesday’s Update with the two Batson cases. As a quick refresher, in Batson the Court created a three-part test for reviewing a claim that the use of peremptory strikes in jury selection was...

Order List

Greetings Court fans!   The Court issued an order list today granting cert in two cases:   1. Pasquantino v. United States (03-725): This case is about the operation of the federal wire fraud statute (18 USC 1343) in the context of an allegedly fraudulent...