June 08, 2023
Health and Hospital Corporation of Marion Cty. v. Talevski (21-806)
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.
Jack Daniel’s Properties, Inc. v. VIP Products LLC (22-148)
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.
Dubin v. United States (22-10)
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.
Allen v. Milligan (21-1086)
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.