On June 26, 2019, the U.S. Supreme Court decided Kisor v. Wilkie, No. 18-15, holding that courts should defer to administrative agencies’ interpretations of their own ambiguous regulations, but only when several constraining...more
6/27/2019
/ Administrative Agencies ,
Ambiguous ,
Appeals ,
Auer Deference ,
Kisor v Wilkie ,
Reasonable Interpretations ,
Remand ,
SCOTUS ,
Stare Decisis ,
Vacated ,
Veterans' Benefits
On June 21, 2019, the U.S. Supreme Court decided North Carolina Department of Revenue v. Kimberley Rice Kaestner 1992 Family Trust, holding that The Due Process Clause does not allow a state to tax a trust’s income where the...more
6/24/2019
/ Beneficiaries ,
Due Process ,
Estate Tax ,
Exclusive Control ,
Forum State ,
In-State Beneficiaries ,
Income Taxes ,
Minimum Contacts ,
North Carolina Department of Revenue v The Kimberley Rice Kaestner 1992 Family Trust ,
SCOTUS ,
State Taxes ,
Trust Distributions ,
Trustees ,
Trusts
On June 20, 2019, the U.S. Supreme Court decided American Legion v. American Humanist Ass’n, holding that longstanding public memorials with historical importance that also have religious associations are entitled to a strong...more
6/21/2019
/ Constitutional Challenges ,
Establishment Clause ,
First Amendment ,
Historical Landmarks ,
National Monuments ,
Religious Displays ,
SCOTUS ,
The American Legion v American Humanist Association ,
The Lemon Test ,
Veterans ,
War Memorials
On June 17, 2019, the U.S. Supreme Court decided Virginia Uranium, Inc. v. Warren, concluding that Virginia may ban uranium mining within its borders because the federal Atomic Energy Act (AEA) does not preempt State mining...more
6/18/2019
/ Atomic Energy Act ,
Federal v State Law Application ,
Mining ,
Nuclear Power ,
Nuclear Regulatory Commission ,
Preemption ,
Public Health ,
Public Safety ,
Reaffirmation ,
Regulatory Authority ,
SCOTUS ,
States Rights ,
Uranium Mining Ban ,
Virginia Uranium Inc v Warren
On May 28, 2019, the U.S. Supreme Court decided Box v. Planned Parenthood, No. 18-483, holding that government has a legitimate interest in the proper disposal of fetal remains, and this interest is rationally served by...more
5/30/2019
/ Abortion ,
Box v Planned Parenthood of Indiana and Kentucky Inc ,
Certiorari ,
Constitutional Challenges ,
Cremation ,
Denial of Certiorari ,
Fetal Remains ,
Legitimate State Interest ,
Partial Reversal ,
Rational Basis Test ,
SCOTUS ,
Surgical Waste ,
Undue Burden ,
Waste Disposal
On February 25, 2019, the U.S. Supreme Court decided Yovino v. Rizo, holding that the federal courts may not count the vote of a judge who dies before the decision is issued, even if the judge had indicated a vote before he...more
A federal district court in Fort Worth, Texas struck down the entire Affordable Care Act (ACA) last Friday in a ruling that’s prompting questions about whether its legal reasoning will withstand further scrutiny, and whether...more
On June 27, 2018, the U.S. Supreme Court decided Janus v. American Federal of State, County, and Municipal Employees, holding that the First Amendment does not permit states to require public-sector employees to contribute...more
6/28/2018
/ Appeals ,
Constitutional Challenges ,
Fair Share Contribution ,
First Amendment ,
Janus v AFSCME ,
Non-Union ,
Public Employees ,
Public Sector Unions ,
SCOTUS ,
Stare Decisis ,
Union Dues
On June 26, 2018, the U.S. Supreme Court decided Trump v. Hawaii, upholding President Trump’s “travel ban,” which restricts admission to the United States for citizens of certain countries.
Presidential Proclamation No....more
6/27/2018
/ Appeals ,
Establishment Clause ,
Foreign Nationals ,
Immigration and Nationality Act ,
Immigration Reform ,
Likelihood of Success ,
Muslims ,
National Origin Discrimination ,
Presidential Decrees ,
Reversal ,
SCOTUS ,
Travel Ban ,
Trump Administration ,
Trump v Hawaii
On June 19, 2107 the U.S. Supreme Court decided Rubin v. Islamic Republic of Iran, holding that the Foreign Sovereign Immunities Act allows some but not all of the property of a state sponsor of terrorism to be attached to...more
On June 19, 2107 the U.S. Supreme Court decided Digital Realty Trust v. Somers, holding that the Dodd-Frank Act’s prohibition on employer retaliation against whistleblowers extends only to individuals who have reported...more
2/22/2018
/ Anti-Retaliation Provisions ,
Digital Realty Trust Inc v Somers ,
Dodd-Frank ,
Internal Reporting ,
Rule 21F ,
Sarbanes-Oxley ,
SCOTUS ,
Securities and Exchange Commission (SEC) ,
Securities Violations ,
Whistleblower Protection Policies ,
Whistleblowers
1. Redistricting. Abbott v. Perez, Nos. 17-586 & 17-626.
Do Texas’s Congressional districts treat racial minorities unconstitutionally? When the district court ordered the parties to appear at a hearing to redraw the...more
1. Freedom of Speech; Labor and Employment. Janus v. American Federation of State, County and Municipal Employees, No. 16-1466.
May a government require its employees to pay agency fees to an exclusive representative for...more
On June 26, 2017, the U.S. Supreme Court decided Trinity Lutheran Church of Columbia, Inc. v. Comer, holding that, when the government offers a public benefit to organizations that meet specified criteria, the Free Exercise...more
On June 23, 2017 the U.S. Supreme Court decided Perry v. Merit Systems Protection Board, holding that when the Merit Systems Protection Board dismisses a government employee’s “mixed case” (a case where the employee claims...more
On June 22, 2017 the U.S. Supreme Court decided Maslenjak v. United States, holding that to revoke naturalized citizenship based on a crime committed in the naturalization process, the government must show that the crime had...more
At the end of 2016, we highlighted the United States Supreme Court’s hearing of Bristol-Myers Squibb Co. v. Superior Court as a decision “of great concern to drug and device companies” as it pertains to plaintiff forum...more
On June 19, 2107 the U.S. Supreme Court decided Matal v. Tam, holding that the Lanham Act’s prohibition on registering federal trademarks that “disparage” any person violates the First Amendment.
The Lanham Act prohibits...more
On June 19, 2107 the U.S. Supreme Court decided Bristol-Myers Squibb Co. v. Superior Court, holding that in determining whether a forum’s exercise of specific personal jurisdiction over a party complies with the Fourteenth...more
On March 22, 2017, the Supreme Court of the United States decided Star Athletica, L.L.C. v. Varsity Brands, Inc., No. 15-866, holding that artistic designs on cheerleading uniforms were eligible for copyright...more
On December 6, 2016, the United States Supreme Court decided State Farm Fire & Casualty Co. v. United States ex rel. Rigsby, No. 15-513, holding that the False Claims Act (FCA) does not mandate dismissal of the case when a...more
On June 20, 2016, the U.S. Supreme Court decided Fisher v. University of Texas at Austin, No. 14-981, holding that the Equal Protection Clause of the Fourteenth Amendment permits the University of Texas’ use of race-conscious...more
On June 20, 2016, the U.S. Supreme Court decided Encino Motorcars, LLC v. Navarro, holding that a Department of Labor formal regulation that reversed the Department’s longstanding informal position exempting service advisors...more
On June 20, 2016, the U.S. Supreme Court decided Cuozzo Speed Technologies, Inc. v. Lee, holding that, in an inter partes review, the Patent and Trademark Office (PTO) may give a patent claim its broadest reasonable...more
On June 16, 2016, the U.S. Supreme Court decided Kirtsaeng v. John Wiley & Sons, Inc., No. 15-375, holding that, in assessing whether a prevailing party in copyright litigation should recover its attorneys’ fees, the...more