Supreme Court adds 3 new cases on copyright, fraud, post-sentence objection
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Supreme Court adds 3 new cases on copyright, fraud, post-sentence objection

The US Supreme Court issued orders Monday adding three new cases to the docket for next term on subjects including copyright, fraud and post-sentence objections.

The Supreme Court granted certiorari in Allen v. Looper, which asks whether Congress can remove a state’s Eleventh Amendment sovereign immunity from cases involving federal copyright infringement. The case, rather ironically, comes from the State of North Carolina infringing the copyright of a production company that was filming the salvage of famed pirate Blackbeard’s flagship, Queen Anne’s Revenge.

The court also granted certiorari in Retirement Plans Committee of IBM v. Jander. The court was asked to review their pleading standard set out in Fifth Third Bancorp v. Dudenhoeffer to determine whether the inevitable disclosure of fraud increases harm over time.

Finally, Gonzalo Holguin requested review of Fifth Circuit precedent that requires that an objection be made immediately post-sentence in order to preserve the right to review of the sentence beyond “plain-error review.” Holguin is seeking review of his 12-month consecutive revocation sentence after his supervised release was terminated due to a second marijuana charge.

The Supreme Court also extended the opportunity for the Solicitor General to file a brief in Texas v. New Mexico. The case, originally decided in 1987, involved the Pecos River Compact, an agreement for distribution of the river’s water between the two states. The Solicitor General is being given an opportunity to file a brief on the motion for review of the River Master’s final determination.