Title

Mark McKenna was quoted in the Forbes article Lexmark May Be Liable For Attacking Printer-Cartridge Rivals, Supreme Court Says on March 25

Document Type

News Article

Publication Date

3-25-2014

Abstract

Mark McKenna was quoted in the Forbes article Lexmark May Be Liable For Attacking Printer-Cartridge Rivals, Supreme Court Says on March 25

What Scalia said, in a nutshell, is “it’s not legitimate for courts to not hear a case because they don’t feel like it,” said Mark McKenna, a professor at Notre Dame Law School. He studied the practical effect of prudential standing rules on false-advertising cases, along with Deborah Gerhardt and Kevin McGuire of the University of North Carolina and found significant disparities in who was allowed to sue.

This decision “basically forces all of the circuits to redo their tests,” which is rare for the Supreme Court, since it more often picks one circuit’s test and orders the rest to follow it.