The U.S. Supreme Court Has Spoken – The 14th Amendment Requires States to Recognize Same Sex Marriage
By: Lizbeth West
In a 5-4 decision authored by Justice Kennedy and joined by Justices Ginsburg, Breyer, Sotomayor, and Kagan, the United State Supreme Court issued a landmark decision in Obergefell at al. v. Hodges, Director, Ohio Department of Health, et al. on June 26, 2015.
The essence of the holding is that:
1. The right to marry is a fundamental right inherent in the liberty of the person,
Everything Old is New Again: Post-Expiration Patent Royalties are a Bad Idea!
By: Audrey A. Millemann
On Monday, the United States Supreme Court upheld the longstanding case law that prohibits a patent owner from receiving royalties after a patent has expired. In Kimble v. Marvel Entertainment, LLC (June 22, 2015) 2015 U.S. LEXIS 4067, the Court ruled in favor of Marvel, the licensee of a patent for a Spiderman web-shooting toy.
The plaintiff, Stephen Kimble, had patented the web-shooting toy.
Former Uber Driver Gets a Lyft from the Labor Commissioner
By. Shauna N. Correia
A California Labor Commissioner has ruled that one of San Francisco-based Uber’s drivers, Barbara Ann Berwick, is an employee, not an independent contractor. The Labor Commissioner awarded Berwick just over $4,000 for incurred but un-reimbursed business expenses and interest. On a positive note, the Commissioner denied Berwick’s request for wages, liquidated damages, and waiting time penalties.
Traditionally, it is the “right to control” the means and manner of work that is the primary element of the independent contractor test.