The Brief Writer

In the case styled, Cuellar v. United States of America, the Supreme Court of the United States has granted certiorari to the following question:

Whether merely hiding funds with no design to create the appearance of legitimate wealth is sufficient to support a money laundering conviction.

Under the facts of the case, Cuellar was arrested while traveling towards Mexico with a large sum of money hidden in the trunk of his car. He was convicted of money laundering. The Fifth Circuit Court of Appeals upheld the conviction on the basis that Cuellar had taken steps to hide the money, rejecting the view that money laundering requires some kind of design to create the appearance of legitimate wealth. See the Supreme Court filings at Scotus Blog.

When patent infringement is a necessary element of a legal malpractice lawsuit, the United States Court of Appeals for the Federal Circuit says that those suits belong in federal court.  In its opinion, the court said:

We hold that at least where, as here, establishing patent infringement is a necessary element of a malpractice claim stemming from alleged mishandling of patent prosecution and earlier patent litigation, the issue is substantial and contested, and federal resolution of the issue was intended by Congress, there is "arising under" jurisdiction under 28 U.S.C. § 1338.

The opinion may lead to all sorts of legal malpractice suits involving underlying federal claims to be filed or tried in federal courts instead of state courts.