A Court Divided, Even On Unanimous Decisions

Law360, New York (July 13, 2009, 12:00 AM EDT) -- On May 4, 2009, the United States Supreme Court released its opinion in Carlsbad Technology Inc. v. HIF Bio Inc., No. 07-1437, which once again revealed the strong personalities and disparate judicial philosophies that make court watching a virtual spectator sport.

On its face, the opinion, a unanimous decision on a discrete, procedural issue involving the appealability of certain remand orders under 28 U.S.C. §1447, appears unremarkable, particularly when compared to some of the more controversial decisions handed down by the court in recent years....
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