Today, the Supreme Court of the United States granted certiorari in one case:
Acheson Hotels, LLC v. Laufer, No. 22-429: This case involves the scope of Article III standing to enforce the requirements of the Americans...more
A federal court in Wisconsin recently allowed a putative ERISA class action in Lucero v. Credit Union Ret. Plan Ass’n to proceed to discovery on the claim that a 401(k) plan paid excessive recordkeeping fees. This decision...more
3/24/2023
/ 401k ,
Class Action ,
Employee Retirement Income Security Act (ERISA) ,
ERISA Litigation ,
Excessive Fees ,
Fees ,
Fiduciary Duty ,
Motion to Dismiss ,
Multiple Employer Plan (MEP) ,
Pleading Standards ,
Recordkeeping Requirements
Today, the Supreme Court of the United States issued one decision:
Perez v. Sturgis Public Schools, No. 21-887: This case considered whether a federal education law’s administrative exhaustion requirements precluded a...more
Today, the Supreme Court of the United States granted certiorari in one case:
Great Lakes Insurance SE v. Raiders Retreat Realty Co., LLC, No. 22-500: This case involves the interaction between a contract’s choice-of-law...more
Today, the Supreme Court of the United States issued two decisions:
Bittner v. United States, No. 21-1195: This case concerns the Bank Secrecy Act’s requirement that certain individuals file an annual report about their...more
Today, the Supreme Court of the United States granted certiorari in two cases:
Consumer Financial Protection Bureau v. Community Fin. Services Assn., No. 22-448: This case involves a constitutional challenge to the...more
Today, the Supreme Court of the United States issued three decisions:
Bartenwerfer v. Buckley, No. 21-908: This case analyzed the U.S. Bankruptcy Code’s prohibition of the discharge of debts that were incurred through...more
2/24/2023
/ Bankruptcy Code ,
Death Penalty ,
Debtors ,
Dischargeable Debts ,
Fair Labor Standards Act (FLSA) ,
Fraud ,
Helix Energy Solutions Group Inc v Hewitt No 21-984 ,
Highly Compensated Employees ,
Murder ,
Over-Time ,
Salaried Employees ,
Wage and Hour
Today, the Supreme Court of the United States issued its first signed opinion of the October 2022 term and dismissed one case:
Arellano v. McDonough, No. 21-432: The case concerns the question of whether equitable...more
On Friday, January 13, the Supreme Court of the United States granted certiorari in eight cases:
U.S. ex rel. Schutte v. SuperValu Inc.; U.S. ex rel. Proctor v. Safeway, Inc., Nos. 21-1326, 22-111: These consolidated...more
1/17/2023
/ Bankruptcy Code ,
Certiorari ,
Criminal Prosecution ,
Eighth Amendment ,
False Claims Act (FCA) ,
Fifth Amendment ,
First Amendment ,
Foreign Nationals ,
Immigration and Nationality Act ,
RICO ,
Scienter ,
SCOTUS ,
Sovereign Immunity
Yesterday, the Supreme Court of the United States granted certiorari in one case:
Arizona v. Mayorkas, No. 22A544: This is an administrative law and civil procedure case considering states’ ability to challenge the...more
Today, the Supreme Court of the United States granted certiorari in three cases:
Slack Technologies, LLC v. Pirani, No. 22-200: This case presents an issue of federal securities law. After the messaging software company,...more
12/14/2022
/ Certiorari ,
Confrontation Clause ,
Criminal Procedure ,
Criminal Prosecution ,
Material Misstatements ,
Publicly-Traded Companies ,
Putative Class Actions ,
SCOTUS ,
Securities Act of 1933 ,
Sixth Amendment ,
Slack ,
Venue
Today, the Supreme Court of the United States granted certiorari in four cases:
Coinbase, Inc. v. Bielski, No. 22-105: This case presents an issue of federal arbitration law. The question presented is: Whether a...more
Today, the Supreme Court of the United States granted certiorari in one case:
Biden v. Nebraska, No. 22A444: The Court agreed to consider a challenge brought by six States to the Federal Government’s student-loan relief...more
Yesterday, the Supreme Court of the United States granted certiorari in one case:
Dubin v. United States, No 22-10: This case involves the federal aggravated identity theft statute, which provides that during and in...more
Today, the Supreme Court of the United States granted certiorari in three cases:
Amgen Inc. v. Sanofi, No. 21-757: This case concerns the Patent Act’s requirement that a patent’s “specification shall contain a written...more
Today, on the first day of the new term, the Supreme Court of the United States granted certiorari in nine cases:
Gonzalez v. Google LLC, No. 21-1333: Section 203(c)(1) of the Communication Decency Act shields an...more
10/4/2022
/ Certiorari ,
Civil Service Reform Act ,
Communications Decency Act ,
Corporate Liability ,
Disabled Children ,
First Amendment ,
Grand Juries ,
IDEA ,
Immigration Procedures ,
Iran Sanctions ,
NLRA ,
Puerto Rico ,
Puerto Rico Oversight Management and Economic Stability Act (PROMESA) ,
SCOTUS ,
Social Media ,
Subject Matter Jurisdiction ,
Subpoenas
West Virginia v. EPA, No. 20-1530 (and consolidated cases): This case concerns the scope of the Environmental Protection Agency’s (EPA) authority to impose carbon dioxide emission standards under Section 111(d) of the Clean...more
7/5/2022
/ Clean Air Act ,
Clean Power Plan ,
Climate Change ,
Department of Homeland Security (DHS) ,
Environmental Protection Agency (EPA) ,
Greenhouse Gas Emissions ,
Mexico ,
Non-Citizens ,
Power Plants ,
Regulatory Authority ,
SCOTUS ,
Telecommunications ,
Wire Fraud
Oklahoma v. Castro-Huerta, No. 21-429: This case involves whether a State has authority to prosecute non-Indians who commit crimes against Indians in “Indian country.” The defendant was convicted in Oklahoma state court of...more
Ruan v. United States, No. 20-1410: This is a criminal case involving the intent necessary to convict a doctor under the Controlled Substance Act (CSA) for dispensing controlled substances not “as authorized.” The CSA makes...more
Dobbs v. Jackson Women’s Health Organization, No. 19-1392: The Supreme Court held that the U.S. “Constitution does not confer a right to abortion,” overruled its prior decisions in Roe v. Wade and Casey, and returned “the...more
New York State Rifle & Pistol Assn., Inc. v. Bruen, No. 20-843: This case involves a constitutional challenge to a New York handgun-licensing law. New York makes it a crime to possess a firearm without a license. ...more
Marietta Memorial Hospital Employee Health Benefit Plan v. DaVita Inc., No. 20-1641: This case concerns the interpretation of the Medicare Secondary Payer Act’s (MSPA) anti-discrimination provisions regarding individuals with...more
6/22/2022
/ Disparate Impact ,
Employer Group Health Plans ,
False Claims Act (FCA) ,
FBAR ,
Federal Contractors ,
Free Exercise Clause ,
Governmental Immunity ,
Habeas Corpus ,
Hobbs Act ,
Ineffective Assistance of Counsel ,
Medicare ,
Private Schools ,
Public Schools ,
Religious Schools ,
Rural Areas ,
SCOTUS ,
Supremacy Clause ,
Tuition ,
Workers' Compensation Claim
Viking River Cruises, Inc. v. Moriana, No. 20-1573: This case involves the Federal Arbitration Act’s (FAA) preemption of a California law invalidating contractual waivers of the right to assert certain representative claims....more
6/16/2022
/ Arbitration ,
Child Abduction ,
Department of Veterans Affairs ,
Federal Arbitration Act ,
Gaming ,
Hague Convention ,
Immigration Procedures ,
Indian Gaming ,
Medicare ,
Preemption ,
Private Attorneys General Act (PAGA) ,
Reimbursements ,
SCOTUS ,
Tribal Lands ,
Veterans
Kemp v. United States, No. 21-5726: This case concerns whether the word “mistake” in Rule 60(b)(1) of the Federal Rules of Civil Procedure applies to a judge’s error of law. Rule 60 authorizes a district court to reopen a...more
Egbert v. Boule, No. 21-147: In this case, Robert Boule sued a border patrol agent arguing the agent violated his Fourth and First Amendment rights by using excessive force during a search and retaliating against Boule when...more