News & Analysis as of

Supreme Court of the United States Forfeiture

The United States Supreme Court is the highest court of the United States and is charged with interpreting federal law, including the United States Constitution. The Court's docket is largely discretionary... more +
The United States Supreme Court is the highest court of the United States and is charged with interpreting federal law, including the United States Constitution. The Court's docket is largely discretionary with only a limited number of cases granted review each term.  The Court is comprised of one chief justice and eight associate justices, who are nominated by the President and confirmed by the Senate to hold lifetime positions. less -
Nelson Mullins Riley & Scarborough LLP

Reacting to Tyler v. Hennepin County: Nebraska Supreme Court Imposes Liability on Investors

On Friday, the Nebraska Supreme Court issued its opinions in Fair v. Continental Resources, No. S-21-074, and Nieveen v. TAX 106, No. S-21-364, following remand from the United States Supreme Court in the wake of Tyler v....more

Epstein Becker & Green

Matters of Time - SCOTUS Today

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The U.S. Supreme Court decided two cases yesterday, in each of which timing played a decisive role in the outcome. These cases did not produce the unanimity that has characterized most of the Court’s decisions so far this...more

Dorsey & Whitney LLP

The Supreme Court Update - May 9, 2024

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Today, the Supreme Court of the United States issued two opinions: Culley v. Marshall, No. 22-585: This case addresses the due process rights that apply to civil forfeiture proceedings. Petitioners in this case each...more

Dorsey & Whitney LLP

The Supreme Court Update - April 17, 2024

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The Supreme Court of the United States issued two decisions on Tuesday, April 16: Rudisill v. McDonough, No. 22-888: This case concerns the interaction between two federal statutes providing up to 36 months of...more

Husch Blackwell LLP

Surplus Funds from Tax Sales are a Property Interest

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On May 25, 2023, the U.S. Supreme Court held that a Minnesota county’s retention of the excess proceeds from sale of a homeowner’s property to satisfy a tax lien violated the Takings Clause. This decision recognizes that...more

Winstead PC

Four Things You Need to Know About the Extended Limitations Period for SEC Disgorgement

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The Securities and Exchange Commission’s disgorgement powers have made legal headlines a couple of times over the last few years – most notably, with the U.S. Supreme Court’s decisions in Kokesh v. SEC, 137 S. Ct. 1635 (2017)...more

McDonnell Boehnen Hulbert & Berghoff LLP

Arthrex Files Certiorari Petition in Arthrex case

Arthrex recently filed a certiorari petition with the Supreme Court in Arthrex v. Smith & Nephew Inc. (a case related to Arthrex, Inc. v. Smith & Nephew, Inc., which has also the subject of petitions from the U.S. government...more

Payne & Fears

Key California Employment Law Cases: June 2019

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This month's key California employment law cases involve EEOC charges, disability discrimination, and meal breaks....more

Pullman & Comley - Labor, Employment and...

Employers: Don't Overlook Your Title VII Defenses!

Last month the U.S. Supreme Court simultaneously resolved a long-running dispute about procedure under Title VII and sent a message to employers that it is important to pay attention and act promptly when faced with a Title...more

Cranfill Sumner LLP

Invalidating Long-Standing Fourth Circuit Precedent, U.S. Supreme Court Holds that Title VII’s Charge Filing Requirement is...

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Before initiating a lawsuit under Title VII, a complainant must first file a charge of discrimination with the U.S. Equal Employment Opportunity Commission (EEOC) within 180 days of the alleged act of discrimination....more

Manatt, Phelps & Phillips, LLP

Supreme Court: Title VII’s Requirements Not Jurisdictional

In a unanimous decision, the U.S. Supreme Court ruled that Title VII’s charge-filing precondition to suit is not a jurisdictional requirement and is instead a procedural prescription that is subject to forfeiture, refusing to...more

Jones Day

SCOTUS: Filing Requirement is Not Jurisdictional

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The Situation: The U.S. Supreme Court unanimously held that filing a charge of discrimination with the Equal Employment Opportunity Commission ("EEOC") is not a jurisdictional prerequisite to bringing a Title VII lawsuit. The...more

Orrick - Employment Law and Litigation

Use It or Lose It: SCOTUS holds that EEOC Charge-Filing Requirement Is Forfeited If Not Timely Asserted

On June 3, 2019, the United States Supreme Court issued its decision in Fort Bend County, Texas v. Davis, resolving a circuit split regarding whether Title VII’s charge-filing requirement with the Equal Employment Opportunity...more

Spilman Thomas & Battle, PLLC

Waiver Warning: SCOTUS Determines Title VII Failure to Exhaust Defense Can be Waived

A recent decision from the Supreme Court of the United States - Fort Bend County v. Davis - has sparked conversations about whether a current or former employee must file a complaint with the EEOC before suing an employer for...more

Parker Poe Adams & Bernstein LLP

U.S. Supreme Court Says Plaintiff Can Sue For Discrimination Without Filing EEOC Charge

On June 3, the U.S. Supreme Court unanimously resolved a split among federal appellate courts dealing with the question of whether Title VII’s requirement that plaintiffs file an administrative charge with the Equal...more

PilieroMazza PLLC

Use It Or Lose It: U.S. Supreme Court Holds Employers Who Wait Too Long to Raise EEOC Claim Objection to Title VII Discrimination...

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Recently, in Fort Bend County, Texas v. Davis, the U.S. Supreme Court was faced with a jurisdictional question: If a plaintiff fails to exhaust her remedies by first filing an Equal Employment Opportunity Commission (“EEOC”)...more

Womble Bond Dickinson

Raise Title VII Defense Early On or Risk Waiver, Supreme Court Rules

Womble Bond Dickinson on

The U.S. Supreme Court recently clarified that the requirement that a plaintiff exhaust his/her administrative remedies before filing a discrimination claim under Title VII of the Civil Rights Act is a mandatory...more

Mintz - Employment Viewpoints

The Bubbler - June 2019

Welcome to June! As we head into the summer, the employment law world continues to heat up! We have rounded up the most recent developments impacting employers for your summer reading pleasure here....more

Seyfarth Shaw LLP

Use It or Lose It: Supreme Court Rules that Failure to Exhaust Defense Must be Prompt

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Seyfarth Synopsis: New decision from the Supreme Court ruled that Title VII’s requirement that plaintiffs file with the EEOC or other state agencies is a non-jurisdictional claim-processing rule, which means it can be...more

Kramer Levin Naftalis & Frankel LLP

Supreme Court Holds That in Title VII Suits, Employers Must Raise Failure to Exhaust Administrative Remedies in a Timely Manner or...

The Supreme Court held in Fort Bend County v. Davis that the charge-filing precondition to suit of Title VII of the Civil Rights Act of 1964 is a mandatory claim-processing rule subject to waiver, not a jurisdictional bar to...more

Maynard Nexsen

Charge of Discrimination is Not Jurisdictional: U.S. Supreme Court Makes Dismissal of Discrimination Claims More Difficult for...

Maynard Nexsen on

On June 3, 2019, the U.S. Supreme Court unanimously ruled that the requirement under Title VII of the Civil Rights Act for employees to file an administrative charge of discrimination with the Equal Employment Opportunity...more

Jackson Walker

Supreme Court Holds Title VII's Charge-Filing Requirement Is a Mandatory Claim-Processing Rule Subject to Forfeiture

Jackson Walker on

Title VII of the Civil Rights Act of 1964 provides a claim for discrimination in employment on the basis of race, color, national origin, sex, religion, and retaliation, but it requires that a plaintiff file a charge of...more

Holland & Knight LLP

Supreme Court Warns Employers Not To Delay Asserting Defenses In Employment Discrimination Cases

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The U.S. Supreme Court ruled unanimously on June 3, 2019, in Fort Bend County, Texas v. Davis, that federal courts may hear plaintiffs' claims of discrimination brought under Title VII, even if those claims were not brought...more

Morgan Lewis

Supreme Court: Title VII’s Charge-Filing Requirement Is Not Jurisdictional

Morgan Lewis on

Title VII’s charge-filing requirement is nonjurisdictional and is subject to forfeiture rules, the US Supreme Court ruled unanimously on June 3. The decision does not eliminate the rule that employees must first file charges...more

Bond Schoeneck & King PLLC

U.S. Supreme Court Rules That Title VII's Requirement to File an EEOC Charge Before Commencing a Federal Court Lawsuit is Not a...

On June 3, 2019, the United States Supreme Court unanimously ruled in the case of Fort Bend County, Texas v. Davis that the requirement under Title VII of the Civil Rights Act ("Title VII") to file an administrative charge...more

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