Circuit Splits tag:typepad.com,2003:weblog-99919764353619725 2013-04-16T06:20:00-07:00 Your source for the latest news and analysis on divisions between the circuit courts on important matters of law. TypePad From Dicta to Disarray: Split on the Domestic Relations Exception tag:typepad.com,2003:post-6a0133f301dad7970b017c3875ae9a970b 2013-04-16T06:20:00-07:00 2013-04-16T15:56:24-07:00 Today I’m delighted to introduce Ben Ashmore, the founder and president of the National Family Civil Rights Center, as this week’s guest blogger. In In re Burrus, the Supreme Court stated in dicta that “[t]he whole subject of domestic relations of husband and wife, parent and child, belongs to the laws of the states and not to the United States.” 136 U.S. 586, 593 (1890). This dicta is now firmly entrenched in federal jurisprudence thanks... Nicholas J. Wagoner Growing Circuit Split Over Removal Statutes tag:typepad.com,2003:post-6a0133f301dad7970b017ee7bfff11970d 2013-01-23T03:27:00-08:00 2013-01-23T03:27:00-08:00 In the recent decision in Smith v. Detroit Entertainment, LLC, Slip Copy, 2013 WL 119673 (E.D.Mich. Jan. 9, 2013), the federal court in the Eastern District of Michigan highlighted a growing circuit split over removal statutes - and contributed to the split by leading the Sixth Circuit into the fray. At issue in this action by an employee for unpaid wages was whether the removal statute, 28 U.S.C. § 1441, would permit the employer to... Dru Stevenson New Article Addresses Circuit Split Over Pay-for-Delay Settlements tag:typepad.com,2003:post-6a0133f301dad7970b017c361ce8d1970b 2013-01-22T15:57:00-08:00 2013-01-22T15:57:00-08:00 A new article posted on SSRN, Waiting is the Hardest Part: Why the Supreme Court Should Adopt the Third Circuit's Analysis of Pay-for-Delay Settlement Agreements (by Marlee Kutcher), addresses the current circuit split over the legality of reverse payment settlements ("pay-for-delay") in pharmaceutical patent litigation. Although the paper strongly advocates one particular approach, the discussion of this complex issue is very good - highly recommended reading. Here is the Abstract: The high cost of prescription... Dru Stevenson