Can a Lower Court Claim to be &quot;Smarter&quot; than the Supreme Court? In Coinbase, Inc. v. Bielski the Supreme Court agreed to review as to whether a denial of a motion to compel arbitration ousts a district court’s jurisdiction to proceed with litigation pending appeal. I understand that the Coinbase case is being stayed since they are waiting for the Supreme Court to issue a verdict. When a matter currently present before a federal or state court is actively being litigated in the Supreme Court, do the lower courts have the jurisdiction to issue an order on the merits of a dispute before the US Supreme Court releases an opinion relating to the issue? As it applies to the Coinbase v Bielski, when a party files a Motion to Stay pending appeal the question is whether the lower courts are required to stay the case until the Supreme Court issues a verdict? In other words, if the U.S Supreme Court says it hasn't decided as to what the law is in this regard, can a lower court issue a ruling that might eventually be in conflict with the Supreme Court? Can a lower court essentially claim that &quot;we know better&quot; than the Supreme Court?
Lower courts are only bound by US Supreme Court precedent on questions of federal law once the US Supreme Court releases an opinion on an issue. Until that point in time, the US Supreme Court is officially undecided on an issue. You ask: if the U.S Supreme Court says it hasn't decided as to what the law is in this regard, can a lower court issue a ruling that might eventually be in conflict with the Supreme Court? This is commonplace. For many matters, the US Supreme Court is undecided (new statutes, novel circumstances, etc.). In order for a matter to even get to the Supreme Court in the first place, it is often the case that a lower court ruled on a question for which the Supreme Court had not previously announced its opinion. I know you are asking about the circumstance where the US Supreme Court has agreed to hear an appeal but has not yet issued judgment. However, with respect to precedential value, it is the same until the time of judgment.
Courts have inherent jurisdiction to reconsider/recall their own decisions. This rarely happens (especially if the decision has already been &quot;sealed&quot; i.e. issued in writing) but still possible. The principle of finality only applies to parties asking courts to reconsider; it does not constrain courts themselves. So, in this example, &quot;the judge agrees to vacate them&quot; but that decision hasn't been sealed yet. The judge can easily just change their mind (although, again, it rarely happens). No double jeopardy applies because it is still the same trial.
Often, evictions are bifurcated. An initial hearing determines all evidence necessary to determine if there is a default existing sufficient to justify an eviction, and if so, the eviction goes forward immediately despite the fact that not all issues in the case have been resolved. A later hearing resolved the precise dollar amount of any damages claim. If the grounds for eviction is non-payment of rent, and the amount of payments or the amount of obligations of the landlord that can be setoff against the rent due exceeds the amount of rent found to have not be paid, then it is a defense to an eviction in the initial possession phase. If the counterclaim is smaller than the amount of rent owed (or cannot for some reason be set off against the amount owed) then it is only at most, a setoff against a damages award in favor of the landlord. I'm have not researched, in particular, how this is handled in New Jersey, but I am providing this answer on the theory that some insight is better than nothing. For the purpose of this question assume the landlord does not dispute the tenants underlying claim. His only argument is that the tenant should counter sue and that it should not be raised as a defense for non payment / stop the eviction. If this is true, it is both an affirmative defense to the eviction claim and a basis for a counterclaim in most cases. The better practice would be to raise it both ways in the same lawsuit. But, if the counterclaim is not sufficient to overcome the claim that rent is owed and not paid in full, or triggers some other different alternative ground for an eviction (e.g., maybe the lease provides that application of a security deposit against rent owed is itself an event of default), then that wouldn't prevent an eviction.
Based on some quick searching, this would likely be a wrongful death action. I have to pick a state, so I'll pick Nevada. The first question is what damages could be. I don't know offhand what is typical in wrongful death suits, but this appears to be beyond mere negligence: there was a hit and run involved. I have no trouble believing the claim would reach at least six figures. This is important, because federal diversity jurisdiction only includes lawsuits with over $75,000 at stake. Now, Santa Claus's citizenship matters; if he were stateless it'd be an issue, but he is a citizen of Canada. That means that federal court has diversity jurisdiction: because the lawsuit is between a citizen of one state on one side and a foreign citizen on the other (no state has citizens on both sides of the lawsuit), and meets Congress's extra requirements (enough money at stake), it can be in federal court. The way diversity jurisdiction works is that the plaintiff can file in federal court, but if they choose to file in Nevada court then the defendant can remove the case to federal court. Either party can get it into federal court. Conventional wisdom is that federal court is more defendant-friendly than state court on state law claims. It is likely that if Grandpa files the case in any court in Nevada, the case will end up in the United States District Court for the District of Nevada. But suppose it is in state court? Most states don't have separate "county court" and "state court" systems; county courts are a thing, but they're a specialized thing and the serious stuff is not in those. A six-figure wrongful death claim won't go in Nevada's equivalent of small claims court. It'd go in Nevada district court, if it's in state courts. But what about other courts? Grandma was walking home, so it can be assumed she was a Nevada resident. Assuming Grandpa lived with her (which is rather likely), so is he. They then can't sue in any US state other than Nevada without being laughed out of court -- a lawsuit needs to have something to do with where you're suing. The other option is Canada, but such a suit is unlikely.
Where can I find actual cases where Blockchain (particularly Ethereum Blockchain) was used in a case, or better yet, decided the verdict of a case The results of this query reflect that that has not happened in U.S. courts yet. Mentions of Ethereum in those rulings are marginal and essentially unrelated to the blockchain technology on which major cryptocurrencies are implemented. That being said, the notion of smart contracts in Ethereum is quite distant from the disputes decided under contract law. In Ethereum, "smart contracts" is the term for programs that will execute a transaction in accordance to a predetermined schedule and/or conditions. Its involvement in contract law seemingly might only be in terms of (1) parties not furnishing the requisite keys, thereby frustrating the execution of that transaction, or (2) the implementation of those programs departing from what was agreed upon between the parties. Neither of these aspects has anything to do with the novelties spoken of Blockchain. Moreover, the expertise that programming and Blockchain entail implies that verdicts (or more precisely, the fact-finding therefor) would be premised on testimony provided by an expert witness. The average juror is unlikely to have the knowledge and skills set to assess the evidence (e.g. Blockchain, smart contracts, etc.) more directly.
A motion to dismiss sets no precedent Whether it succeeds or not, it does not result in a judgement on the merits, it is simply an analysis on whether the case as pleaded shows the defendant has a case to answer. The case would have to go to trial, have a judgement issued (i.e. not settle), and await the result of final appeals (if any) before it would be considered precedent. As to your final question Is it considered intellectual property theft to capitalize on synthetic datasets produced by OpenAI's LLMs? No one knows. Hence the lawsuit.
This is a Federal court decision There are no state courts involved. This was a ruling by the presiding judge of the original trial There is no appeal involved because the case wasn't final. This is a ruling on a Motion for Judgement of Acquittal Rule 29 of the Federal Rules of Criminal Procedure spells this out: After the government closes its evidence or after the close of all the evidence, the court on the defendant's motion must enter a judgment of acquittal of any offense for which the evidence is insufficient to sustain a conviction. The court may reserve decision on the motion, proceed with the trial (where the motion is made before the close of all the evidence), submit the case to the jury, and decide the motion either before the jury returns a verdict or after it returns a verdict of guilty or is discharged without having returned a verdict.
It depends on what the jury said, and if it's criminal or civil. In criminal cases, the judge may almost never set aside a verdict of acquittal. There is a single case in the US in which this happened, and it was a bench trial (no jury). That case featured the defendant bribing his trial judge; the Seventh Circuit held that he was never in jeopardy due to the bribe. As far as I can tell, that's the only one. There have been no cases that I can find of a jury's verdict of acquittal being overturnable. Judges can poll the jury to make sure they're unanimous (at least in federal court), and if they aren't then it's a mistrial, but that's because the jury was never in agreement in the first place. On the other hand, a judge has several ways to enforce an acquittal. In federal court, for instance, the defense can move for a motion of acquittal either before or after the case goes to the jury. If the motion is granted before the verdict, double jeopardy applies to retrial. If it's granted after a conviction, then the judicial acquittal can be reversed on appeal, possibly requiring a new trial. Before the verdict is returned, the judge can declare a mistrial. After the verdict is returned, it's too late for that. In civil cases, things are more complicated: double jeopardy does not exist there. There, there is a notion of a judgment as a matter of law: the judge determines that, based on evidence presented, no reasonable jury could possibly find the other way. This can happen before or after the verdict, and is appealable.