Supreme Court rules in immigration, patent cases
Court Alerts
The US Supreme Court handed down decisions in three cases Tuesday, including US v. Resendiz-Ponce, where the Court upheld the conviction of Juan Resendiz-Ponce on charges of attempting to re-enter the United States illegally from Mexico after being deported. The indictment in the case did not allege an overt act showing that he tried to enter the US, but the Supreme Court ruled that the indictment was not defective as it "need not specifically allege a particular overt act or any other 'component part' of the offense." Read the Court's opinion per Justice Stevens, along with a dissent from Justice Scalia.
In MedImmune v. Genentech, the Court ruled that MedImmune did not need to breach its patent license agreement with Genentech before challenging the patent's validity, overturning a Federal Circuit decision.
In a statement Tuesday the industry group Coalition for Patent Fairness said that the unanimous ruling demonstrated yet again that "the patent system needs to be modernized. Fair patent protections deliver innovative products for consumers and strengthen America's international competitiveness. This ruling is a positive step, but it is clear that a legislative remedy is needed to strengthen our overall patent system."
Finally, the Court remanded Burton v. Stewart back to the lower courts, saying that Lonnie Lee Burton's appeal should be dismissed for lack of jurisdiction. The Court had agreed to hear the case to determine whether Blakely v. Washington, the 2004 decision which limited judges' discretion in criminal sentencing, "announced a new rule and, if so, whether it applies retroactively on collateral review." Despite hearing oral arguments on those issues, the Court ruled that Burton never complied with the jurisdictional requirements of 28 US 2244(b).
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Grounds for Divorce in Ohio - Sylkatis Law, LLC
A divorce in Ohio is filed when there is typically “fault” by one of the parties and party not at “fault” seeks to end the marriage. A court in Ohio may grant a divorce for the following reasons:
• Willful absence of the adverse party for one year
• Adultery
• Extreme cruelty
• Fraudulent contract
• Any gross neglect of duty
• Habitual drunkenness
• Imprisonment in a correctional institution at the time of filing the complaint
• Procurement of a divorce outside this state by the other party
Additionally, there are two “no-fault” basis for which a court may grant a divorce:
• When the parties have, without interruption for one year, lived separate and apart without cohabitation
• Incompatibility, unless denied by either party
However, whether or not the the court grants the divorce for “fault” or not, in Ohio the party not at “fault” will not get a bigger slice of the marital property.