June 6th, 2011

We didn’t get EMA or Flores-Villar. I have a column coming out in today’s Supreme Court Insider speculating about the delay. We got Fox v. Vice, a unanimous opinion from Justice Kagan, holding that “When a plaintiff’s suit involves both frivolous and non-frivolousclaims, a court may grant reasonable fees to the defendant, but onlyfor costs that the defendant would not have incurred but for the frivolous claims under 42 USC 1983.

We got McNeill v. United States, a unanimous opinion from Justice Thomas, holding “a federal sentencing court must determine whether “an offense under State law” is a “serious drug offense” by consulting the “maxi-mum term of imprisonment” applicable to a defendant’s prior statedrug offense at the time of the defendant’s conviction for that offense.”

We got Eric P. John Fund v. Halliburton,a unanimous opinion from Chief Justice Roberts, holding that “Securities fraud plaintiffs need not prove loss causation in order to obtain class certification.

In the only non-unanimous opinion, we got Board of Trustees of Leland Stanford Junior Univ. v. Roche Molecular Systems, Inc., a 7-2 opinion, authored by the Chief, with Breyer joined by Ginsbug in dissent. The Court held ” the Bayh-Dole Act does not automatically vest title to federallyfunded inventions in federal contractors or authorize contractors to unilaterally take title to such inventions.”

As far as four-opinion days go, this one is one heckuva yawn. I’ll try to find some interesting parts of these opinions to highlight.