The following is from Sidley Austin LLP presented to the Advanced Medical Technology Association.

Setting the Stage – A Supreme Court Friendly to Business?

  • Supreme Court has increased the business cases on its docket, especially in the areas of patent, antitrust, preemption, and securities law.
  • Nearly all of the Court’s rulings on business cases have been in favor of he business.
  • February 20, 2008: “quite a hat trick” three pro-business decisions (including Riegel) in one day, comments Robin Conrad of the U.S. Chamber of Commerce. Tony Mauro, The Majority Flexes Its Muscles, Legal Times, Feb. 25, 2008.
  • Ms. Conrad earlier remarked that the 2006-07 term was the strongest showing for the business community in the past 30.
  • Justice Alito, most notably, “has taken bullets for business in the term just ended.” Tony Mauro, Roberts Court Takes a Pro-Business Stance, N.Y.
    Law Journal, July 5, 2007.
  • “The business docket is a very rich part of the docket and one in which the
    Roberts court to date has proven very sympathetic to the concerns of
    corporate defendants.” U.S. Solicitor General Paul D. Clement.