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Supreme Court Opens Door to New Legal Challenges to Federal Regulations New and Old

Two cases decided at the end of the October 2023 Supreme Court term opened the door to new challenges to even longstanding federal regulations and may have enduring effects on the ability of agencies to implement their...more

Supreme Court Holds That SEC Must Seek Civil Penalties in Federal Court

In SEC v. Jarkesy, No. 22-859, 603 U.S. __ (2024), the Supreme Court held that the Seventh Amendment prohibits the Securities and Exchange Commission (SEC or Commission) from seeking civil penalties in certain enforcement...more

Supreme Court Lowers the Standard for Discrimination Claims Based on Job Transfers

On April 17, 2024, the United States Supreme Court handed down its decision in Muldrow v. City of St. Louis, Missouri, holding that while an employee challenging a job transfer under Title VII of the Civil Rights Act of 1964...more

SCOTUS Permits Military Academy to Use Race as a Factor in Student Admissions — for Now

Affirmative action admissions developments in the higher education sector continue, as the U.S. Supreme Court recently declined to issue an emergency injunction pending appeal that would have prohibited the U.S. Military...more

DOJ and ED Issue Guidance on Supreme Court Affirmative Action Decision

On Aug. 14, 2023, the U.S. Departments of Justice and Education (DOJ and ED) issued guidance to institutions of higher learning concerning the U.S. Supreme Court’s landmark decision in Students for Fair Admissions, Inc. v....more

U.S. Supreme Court Clarifies DOJ’s Authority to Dismiss Whistleblowers’ False Claims Act Suits, Questions Constitutionality of Qui...

In United States ex rel. Polansky v. Executive Health Resources, Inc., the U.S. Supreme Court recently resolved a circuit split[1] by holding that in a False Claims Act (“FCA”) action (1) the Government may seek dismissal of...more

Supreme Court Decision Could Upend Personal Jurisdiction Landscape for National and Multinational Corporations

The personal jurisdiction landscape for corporations changed a few weeks ago. In Mallory v. Norfolk Southern Railway Co., decided June 27, 2023, the U.S. Supreme Court held that a Pennsylvania statute that conditions an...more

Supreme Court Raises Standard for Employers to Deny Religious Accommodation

On June 29, 2023, the U.S. Supreme Court abrogated the de minimis standard that many lower courts have applied for decades to determine when Title VII permits employers to refuse an employee’s request for religious...more

College Legacy Admission Preferences Called Into Question in New Challenge

On July 3, 2023, just days after the U.S. Supreme Court’s landmark decision in Students for Fair Admissions, Inc. v. President & Fellows of Harvard College (SFFA), a new challenge is arising related to collegiate admissions....more

U.S. Supreme Court: Bankruptcy Code Abrogates Tribal Sovereign Immunity

On June 15, 2023, the U.S. Supreme Court ruled that the Bankruptcy Code barred an Indian tribe’s attempts to collect on a defaulted debt from a Chapter 13 debtor....more

SCOTUS Wetlands Ruling Significantly Reduces Federal Jurisdiction Under Clean Water Act

In a landmark decision in Sackett v. Environmental Protection Agency, the U.S. Supreme Court adopted a more stringent test for determining whether wetlands are “waters of the United States,” severely curtailing the scope of...more

U.S. Supreme Court: Individual PAGA Claim Must Cruise Into Arbitration

In a significant ruling for California employers, the U.S. Supreme Court on June 15, 2022, held in Viking River Cruises, Inc. v. Moriana, No. 20-1573, that the Federal Arbitration Act (FAA) partially preempts California state...more

U.S. Supreme Court: College Board’s “Censure” Does Not Violate First Amendment

In a unanimous decision, the U.S. Supreme Court concluded on March 24, 2022, that the Board of Trustees for the Houston Community College System (HCC) did not violate the First Amendment when it censured one of its members....more

Supreme Court Signals Support for Broad Ministerial Exception in Education

The U.S. Supreme Court on Feb. 28, 2022, denied a petition for writ of certiorari in an important ministerial exception case, Gordon College v. DeWeese-Boyd. The religious college had appealed a 2021 decision from the...more

U.S. Supreme Court Reinforces ERISA Fiduciary Duty to Monitor Investment Options

On Jan. 24, 2022, the U.S. Supreme Court vacated the U.S. Court of Appeals for the Seventh Circuit’s ruling in Hughes v. Northwestern University, and remanded the case for further consideration, bringing new life to current...more

Supreme Court Upholds CMS Vaccine Mandate: Next Steps for Healthcare Providers

Update (Jan. 15, 2022): After the Jan. 14, 2022, publication of this alert, the Centers for Medicare & Medicaid Services issued updated guidance to State Survey Agency directors providing 30 days (by Feb. 13) for facilities...more

What’s Next for Employers After the Supreme Court’s Vaccine Rulings?

Update (Jan. 15, 2022): After the Jan. 14, 2022, publication of this alert, the Centers for Medicare & Medicaid Services issued updated guidance to State Survey Agency directors providing 30 days (by Feb. 13) for facilities...more

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