The Supreme Court has yet to decide 56 cases for the October 2009 term. In this installment, we provide predictions for Bilski v. Kappos, American Needle Inc. v. NFL, Free Enterprise Fund and Beckstead and Watts, LLP v. Public Company Accounting Oversight Board, Black v. United States, and Graham v. Florida.
American Needle considers whether the National Football League, its teams, and their licensing agent’s function as a single entity for purposes of the Sherman Act. A majority, 60% of the members of the league are predicting an affirmance of the lower court, at a 95% confidence. The SMRs show a tendency for the liberal justices to join with the conservatives in this decision, with Sotomayor most likely to join in the majority.
The Hidden Threat: How Fake Identities used by Remote Employees Put Your Business at Risk—and How to Defend Against This
Based on our experience in recent client matters, we have seen an escalating threat posed by the Democratic People’s Republic of Korea (DPRK) information technology (IT) workers engaging in sophisticated schemes to evade US and UN sanctions, steal intellectual property from US companies, and/or inject ransomware into company IT environments, in support of enhancing North Korea’s illicit weapons program.
Stop the Beach considers the limits on state authority to restore storm-eroded beaches or lakefronts. Eighty-four percent of the members of the league are predicting that the Supreme Court affirms the Florida Supreme Court. In this case, the SMRs show that there is a strong potential for a conservative objection to the majority position, with Thomas possibly being the most vocal objection. This is not a big surprise in light of Justice Thomas’ staunch defense of property rights. The liberal justices are really strong for this case. Though Stevens’ low SMR is due to the fact he has already recused himself from this decision. Though, not everyone has followed this news, and some have cast votes for Stevens.
Predictions for PCAOB, Black, Graham, and Bilski, at JoshBlackman.com.