Donate search
close
Listen Now The Erick Erickson Show streaming live arrow_right_alt close

Share

  • Facebook
  • Twitter
  • send Email
  • print Print

SCOTUS Saturday: Lucky Claim Preclusion Defenses.

This week at SCOTUS, a unanimous decision was reached in Lucky Brand Dungarees v. Marcel Fashions Group. The decision is one of those legal “in the weeds” and contains a lot of legalese that I will try and digest here.

For a good technical breakdown, Megan La Belle over at the wonderful SCOTUSblog has a good review.

The main takeaway is that in a complicated suit, there is still a general open question as to whether or not you can raise a defense that you did not raise before. The Supreme Court tends to say that there are circumstances where you cannot, but the issues at hand in Lucky did not meet those criteria.

Most of us will not have to worry about these sorts of matters – it involves more complicated suits than we will rarely have to deal with at your local court. Cases like this we DO tend to see some of the effects of as companies clash for competitive advantages over one another.

The other interesting arguments this week came from an issue that is entirely theoretical, that of “faithless electors” and whether or not electors can go against the popular vote of their state. 2016 saw an interesting mix of faithless electors, and it is probably a good thing that we are likely to see some sort of decision here before the 2020 election. However, only in one instance has a faithless elector ever mattered (an 1836 Vice Presidential election). I imagine we will see several faithless electors again in 2020 if they are allowed, though it is again unlikely to sway an election.

Share

  • Facebook
  • Twitter
  • send Email
  • print Print

Advertisement

More Top Stories

California Forbids Singing in Church

A line has been crossed by the state of California. The controversies stemming from the state-level executive orders levied in the wake of the COVID-19 pandemic are too numerous to list. However, one …

CHOP Gets The Axe

Seattle’s mayor issued an emergency order after reports of violence in the autonomous zone.

Fauci: US Could See 100,000 New COVID Cases Per Day

The United States may be about to experience the worst of both worlds with an economic recession paired with an out-of-control plague.