U.S. Supreme Court opinions: June 8 Thursday, June 8, 2023
The United States Supreme Court has issued four new opinions.
In Health and Hospital Corporation of Marion Cty. v. Talevski the court held that the provisions of the Federal Nursing Home Reform Act at issue unambiguously create rights enforceable under 42 U. S. C. §1983, and private enforcement under §1983 is compatible with the FNHRA’s remedial scheme.
Read the court's opinion at: https://www.supremecourt.gov/opinions/22pdf/21-806_2dp3.pdf
In Jack Daniel’s Properties, Inc. v. VIP Products LLC the court held that when a defendant in a trademark suit uses the mark as a designation of source for its own goods or services—i.e., as a trademark—the threshold Rogers test for trademark infringement claims challenging so-called expressive works, see Rogers v. Grimaldi, 875 F. 2d 994, does not apply, and the Lanham Act’s exclusion from liability for “[a]ny noncommerical use of a mark,” §1125(c)(3)(C), does not shield parody, criticism, or commentary from a claim of trademark dilution.
Read the court's opinion at: https://www.supremecourt.gov/opinions/22pdf/22-148_3e04.pdf
In Dubin v. United States the court held that under 18 U. S. C. §1028A(a)(1)’s crime of “aggravated identity theft,” a defendant “uses” another person’s means of identification “in relation to” a predicate offense when the use is at the crux of what makes the conduct criminal.
Read the court's opinion at: https://www.supremecourt.gov/opinions/22pdf/22-10_ifjn.pdf
In Allen v. Milligan the court held that plaintiffs demonstrated a reasonable likelihood of success on their claim that the districting plan adopted by the State of Alabama for its 2022 congressional elections likely violated §2 of the Voting Rights Act, 52 U. S. C. §10301.
Read the court's opinion at: https://www.supremecourt.gov/opinions/22pdf/21-1086_1co6.pdf