The Hidden Ideological Stakes of SCOTUS Patent Case

MICHAEL C. DORF

Cornell law professor Michael C. Dorf describes the ostensibly complex legal issues presented in United States v. Arthrex, Inc., in which the U.S. Supreme Court heard argument earlier this week, and explains how those issues reflect an ideological divide as to other, more accessible matters. Professor Dorf argues that although many conservatives would like to dismantle the modern administrative state, our complex modern society all but requires these government agencies, so conservatives instead seek to make them politically accountable through a Senate-confirmed officer answerable to the president, furthering the so-called unitary-executive theory of Article II.

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APLUX, LLC v. Director of Revenue

Docket: SC98409

Opinion Date: March 2, 2021

Judge: Laura Denvir Stith

Areas of Law: Aviation, Contracts, Tax Law

The Supreme Court affirmed in part and reversed in part the decision of the administrative hearing commission (AHC) finding no use tax liability for APLUX LLC and Paul and Ann Lux Associates L.P. on the out-of-state purchase of two aircraft, holding that APLUX was not entitled to resale exemption on the purchase of either aircraft. After purchase, both aircraft - referred to as "the TBM" and "the Excel" - were brought to Missouri. APLUX asserted that it leased, on a non-exclusive basis, the TBM to its parent company, Luxco, Inc., and the Excel concurrently to both Luxco and Aero Charter, Inc. The AHC held that each lease agreement constituted a "sale" for purposes of the tax resale exemption set out in Mo. Rev. Stat. 144.018. The Supreme Court reversed in part, holding that a "sale" to Luxco did not occur, and therefore, APLUX was not entitled to a resale exemption based on the Luxco agreement.

State v. Johnson

Docket: SC98303

Opinion Date: March 2, 2021

Judge: Zel M. Fischer

Areas of Law: Criminal Law

The Supreme Court dismissed the appeal of the dismissal of a motion for a new trial filed decades after a criminal conviction became final, holding that Appellant was dismissing an order dismissing a motion the circuit court had no authority to sustain. In 1995, Appellant was convicted of murder. In 2019, City of St. Louis Circuit Attorney Kimberly Gardner filed a motion for new trial claiming that there was newly discovered evidence showing Appellant's innocence. The court then concluded that it lacked authority to entertain the motion because the State was not permitted to file the motion and because it was untimely. The Supreme Court affirmed, holding that there was no statutory authority for the right to appeal in this case.

Rhoden v. Winfield

Docket: SC98327

Opinion Date: March 2, 2021

Judge: George W. Draper, III

Areas of Law: Personal Injury

The Supreme Court affirmed the judgment of the circuit court in favor of Plaintiffs on their claim that Missouri Delta Medical Center (MDMC) and two physicians it employed caused their father's death, holding that no error occurred. Plaintiffs, as family representatives, brought this suit for the wrongful death of Decedent, raising issues related to Decedent's need for surgery and the quality of his post-surgical care, which led to his death. The jury returned a verdict in Plaintiffs' favor. The Supreme Court affirmed, holding (1) Plaintiffs submitted substantial evidence to support the submission of aggravating circumstances damages to the jury; (2) the circuit court did not err in submitting the instruction for aggravating circumstances damages; (3) Plaintiffs established "but for" causation; and (4) Plaintiffs were not entitled to reversal on their remaining claims of error.