Today in Supreme Court History: November 10

Ex Parte Crouch, 112 U.S. 178 (decided November 10, 1884): federal courts cannot via habeas vacate state court convictions except on jurisdictional grounds (gradually overruled, most specifically by Brown v. Allen, 1953)

Baltimore & O.R. Co. v. Kepner, 314 U.S. 44 (decided November 10, 1941): state court cannot interfere with resident injured railroad employee’s statutorily permitted federal venue of FELA action even if inconvenient for railroad (suit brought 700 miles away in New York, where railroad was “doing business”, even though accident happened 20 miles from employee’s house in Ohio) (winning side was represented by one Morrison R. Waite, grandson of a Chief Justice) (court notes expense of bringing 25 local witnesses to New York; I think plaintiff wanted to use the prospect of litigation costs to force settlement in a meritless case)

Pfaff v. Wells Electronics, Inc., 525 U.S. 55 (decided November 10, 1998): patent invalid because inventor waited too long after entering into sale “order” before applying for it (it has to be within one year of sale, 35 U.S.C. §102(b))