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The Supreme Court Update - May 30, 2024

The Supreme Court of the United States issued three decisions today: Cantero v. Bank of America, N.A., No. 22-529: This case addresses the standard for determining when state laws that regulate national banks are...more

The Supreme Court Update - May 28, 2024

Today, the Supreme Court of the United States granted certiorari in one case: San Francisco v. EPA, No. 23-753: This case involves interpretation of the federal Clean Water Act (CWA) and its National Pollutant Discharge...more

The Supreme Court Update - May 23, 2024

The Supreme Court of the United States issued three decisions today: Alexander v. South Carolina State Conference of the NAACP, No. 22-807: This case concerns the interplay between allegations of racial and partisan...more

The Supreme Court Update - May 16, 2024

The Supreme Court of the United States issued three decisions today: CFPB v. Community Financial Services Association of America, Limited, No. 22-448: This case involves a constitutional challenge to the federal Consumer...more

The Supreme Court Update - May 9, 2024

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

The Supreme Court Update - April 29, 2024

Today, the Supreme Court of the United States granted certiorari in four cases: Medical Marijuana, Inc. v. Horn, No. 23-365: This case involves interpretation of the Racketeer Influenced and Corrupt Organizations Act...more

The Supreme Court Update - April 22, 2024

Today, the Supreme Court of the United States granted certiorari in two cases: Garland v. VanDerStok, No. 23-852: This administrative law and statutory interpretation case concerns the federal government’s ability to...more

The Supreme Court Update - April 17, 2024

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

The Supreme Court Update - April 12, 2024

The Supreme Court of the United States issued three decisions today: Sheetz v. County of El Dorado, No. 22-1074: This case involves the “unconstitutional conditions doctrine,” set forth in Nollan v. Cal. Coastal Comm’n,...more

The Supreme Court Update - March 20, 2024

On March 19, 2024, the Supreme Court of the United States issued two decisions: FBI v. Fikre, 22-1178: This case addresses when the “voluntary cessation of a challenged practice” renders a lawsuit moot. Yonas Fikre, a...more

The Supreme Court Update - March 15, 2024

The Supreme Court of the United States issued three decisions today: Lindke v. Freed, No. 22-611: This case addresses whether a public official violates the First Amendment by blocking individuals from commenting on the...more

The Supreme Court Update - February 29, 2024

On February 28, 2024, the Supreme Court of the United States granted certiorari in one case: Trump v. United States, No. 23-939: This case concerns the criminal prosecution of former President Donald Trump in Special...more

The Supreme Court Update - February 8, 2024

The Supreme Court of the United States issued two decisions today: Murray v. UBS Securities, LLC, No. 22-660: This case concerns the elements required to prove an employer retaliated against a whistleblower employee in...more

The Supreme Court Update - January 22, 2024

Today, the Supreme Court of the United States granted certiorari in one case: Glossip v. Oklahoma, No. 22-7466: This criminal procedure case addresses the obligation of prosecutors to disclose information to the...more

The Supreme Court Update - January 18, 2024

On Friday, January 12, the Supreme Court of the United States granted certiorari in five cases: Smith v. Spizzirri, No. 22-1218: This case involves the interpretation of Section 3 of the Federal Arbitration Act (“FAA”),...more

The Supreme Court Update - January 8, 2024

On January 5, 2024, the Supreme Court of the United States granted certiorari in three cases: Trump v. Anderson, No. 23-719: This case addresses the Colorado Supreme Court’s December ruling that barred Donald Trump from...more

The Supreme Court Update - December 21, 2023

On December 20, 2023, the Supreme Court of the United States agreed to hear oral argument in four consolidated cases: Ohio, et al. v. EPA, et al.; Kinder Morgan, Inc., et al. v. EPA, et al.; American Forest & Paper...more

The Supreme Court Update - December 13, 2023

Today, the Supreme Court of the United States granted certiorari in seven cases: Food and Drug Administration v. Alliance for Hippocratic Medicine; Danco Laboratories, L.L.C. v. Alliance for Hippocratic Medicine, Nos....more

The Supreme Court Update - December 11, 2023

On December 8, 2023, the Supreme Court of the United States granted certiorari in one case...more

The Supreme Court Update - December 5, 2023

Today, the Supreme Court of the United States issued one decision: Acheson Hotels, LLC v. Laufer, No. 22-429: Deborah Laufer sued hundreds of hotels under the Americans with Disabilities Act of 1990 (ADA), 42 U.S.C. §...more

The Supreme Court Update - November 13, 2023

Today, the Supreme Court of the United States granted certiorari in one case: Diaz v. United States, No. 23-14: This criminal drug-trafficking case involves interpretation of Rule 704(b) of the Federal Rules of Evidence,...more

The Supreme Court Update - November 6, 2023

On November 3, 2023, the Supreme Court of the United States granted certiorari in 3 cases: Coinbase, Inc. v. Suski, No. 23-3: This case concerns the enforceability of “delegation clauses” in arbitration agreements. A...more

The Supreme Court Update - October 16, 2023

On October 13, 2023, the Supreme Court of the United States granted certiorari in 4 cases: Relentless, Inc. v. Department of Commerce, 22-1219: This is the second case that the Court has agreed to hear this term...more

The Supreme Court Update - September 29, 2023

Today, the Supreme Court of the United States granted certiorari in 12 cases: Moody v. NetChoice, LLC, No. 22-277: This case involves a First Amendment challenge to a Florida statute that restricts certain social media...more

The Eighth Circuit’s “Meaningful Benchmark” Requirement for 401(k) “Excessive Fee” Lawsuits Continues to Generate Dismissals

On August 21, 2023, the U.S. District Court for the District of Minnesota largely dismissed—for a second time—a putative ERISA class action challenging “excessive” fees and “poor” performance in a 401(k) plan. Fritton v....more

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