The Supreme Court of the United States issued two decisions today:
Henry Schein, Inc. v. Archer & White Sales, Inc., No. 17-1272: Under the Federal Arbitration Act (“FAA”) and the Court’s precedents, who decides...more
1/9/2019
/ Administrative Proceedings ,
Arbitration ,
Arbitration Agreements ,
Arbitrators ,
Attorney's Fees ,
Contract Terms ,
Culbertson v Berryhill ,
Federal Arbitration Act ,
Henry Schein Inc v Archer and White Sales Inc ,
SCOTUS ,
Social Security Administration (SSA) ,
Social Security Benefits ,
Vacated ,
Wholly Groundless Doctrine
On Friday afternoon, January 4, 2019, the Supreme Court of the United States agreed to hear the following six cases:
Emulex Corp. v. Varjabedian, No. 18-459: Whether the Ninth Circuit correctly held, in express...more
The Supreme Court of the United States issued the following decision today:
United States v. Stitt, No. 17-765; United States v. Sims, No. 17-766: Respondents in these two consolidated cases were both convicted in federal...more
The Supreme Court of the United States issued the following decision today:
Weyerhaeuser Co. v. United States Fish and Wildlife Serv., No. 17-71: The Fish and Wildlife Service, which administers the Endangered Species Act...more
Today, the Supreme Court granted certiorari in the following case:
PDR Network, LLC v. Carlton & Harris Chiropractic Inc., No 17-1705: Whether the Hobbs Act required the district court in this case to accept the Federal...more
The Supreme Court of the United States issued the following decision today:
Mount Lemmon Fire Dist. v. Guido, No. 17-587: The Age Discrimination in Employment Act of 1967 (“ADEA”), applies to “employers,” which are defined...more
On Friday afternoon, October 26, 2018, the Supreme Court of the United States granted certiorari in three cases:
Return Mail, Inc. v. USPS, No. 17-1594: Whether the government is a “person” who may petition to institute...more
Today, the Supreme Court of the United States granted certiorari in five cases:
Home Depot U.S.A., Inc. v. Jackson, No. 17-1471: (1) Whether an original defendant to a class-action claim can remove the class action if it...more
9/28/2018
/ CAFA ,
Certiorari ,
Class Action ,
Department of Health and Human Services (HHS) ,
Discretionary Functions ,
Dormant Commerce Clause ,
Federal Tort Claims Act (FTCA) ,
Home Depot ,
Liquor Licences ,
Litigation Fees & Costs ,
Medicare ,
Notice and Comment ,
Rulemaking Process ,
SCOTUS ,
The Copyright Act ,
Twenty-First Amendment
Today, the Supreme Court of the United States granted certiorari in seven cases:
Obduskey v. McCarthy & Holthus LLP, No. 17-1307: Whether the Fair Debt Collection Practices Act applies to non-judicial foreclosure...more
6/29/2018
/ Certiorari ,
Copyright ,
Debt Collection ,
Double Jeopardy ,
Failure To Warn ,
FDCPA ,
First Amendment ,
Food and Drug Administration (FDA) ,
Native American Issues ,
Non-Judicial Foreclosures ,
Probable Cause ,
State Sovereignty
Today, the Supreme Court of the United States announced the retirement of Associate Justice Anthony M. Kennedy:
Justice Kennedy, nominated by President Ronald Reagan to the Supreme Court, assumed the bench in 1988. ...more
6/28/2018
/ Apportionment ,
Constitutional Challenges ,
Fair Share Contribution ,
First Amendment ,
Florida v Georgia ,
Janus v AFSCME ,
Justice Kennedy ,
Original Jurisdiction ,
Public Sector Unions ,
Remand ,
SCOTUS ,
Water ,
Water Rights
The Supreme Court of the United States issued two decisions today:
Trump v. Hawaii, No 17-965: President Trump, citing national security, issued a series of executive orders in 2017 restricting the entry of foreign...more
6/27/2018
/ Abortion ,
Constitutional Challenges ,
Establishment Clause ,
Executive Orders ,
Family Planning Clinics ,
First Amendment ,
Foreign Nationals ,
Immigration and Nationality Act ,
National Institute of Family and Life Advocates v Becerra ,
National Origin Discrimination ,
Preliminary Injunctions ,
Reproductive Discrimination ,
Strict Scrutiny Standard ,
Travel Ban ,
Trump Administration ,
Trump v Hawaii
The Supreme Court of the United States issued two decisions today:
Ohio v. American Express Co., No 16-1454: American Express (Amex), like all credit-card companies, operates a transaction network that serves two groups:...more
6/26/2018
/ Abbott v Perez ,
America Invents Act ,
American Express ,
Anti-Steering Rules ,
Antitrust Provisions ,
Certiorari ,
Expert Testimony ,
Federal Arbitration Act ,
Foreign Sovereign Immunities Act of 1976 (FSIA) ,
Gerrymandering ,
Ohio v American Express ,
Patents ,
Racial Gerrymandering ,
Redistricting ,
SCOTUS ,
Sherman Act ,
Tribal Lands ,
Voting Rights Act
The Supreme Court of the United States issued six decisions today:
WesternGeco LLC v. ION Geophysical Corp., No. 16-1011: Petitioner WesternGeco LLC owns patents relating to a system for surveying the ocean floor. ...more
6/25/2018
/ Appointments Clause ,
Army ,
Carpenter v US ,
Double Jeopardy ,
Extraterritoriality Rules ,
Fourth Amendment ,
Judges ,
Lost Profits ,
Mobile Devices ,
Patents ,
Petition for Writ of Certiorari ,
Probable Cause ,
SCOTUS ,
Search Warrant ,
Stored Communications Act ,
WesternGeco LLC v Ion Geophysical Corporation
The Supreme Court of the United States issued four decisions today:
Lucia v. SEC, No. 17-130: The Securities and Exchange Commission (“SEC”) is statutorily authorized to institute administrative proceedings against...more
6/22/2018
/ Administrative Law Judge (ALJ) ,
Commerce Clause ,
Constitutional Challenges ,
Department of Homeland Security (DHS) ,
Deportation ,
Immigration Procedures ,
Internet Retailers ,
Lucia v SEC ,
Railroad Retirement Tax Act (RRTA) ,
Sales & Use Tax ,
SCOTUS ,
Securities and Exchange Commission (SEC) ,
South Dakota v. Wayfair ,
Wisconsin Central Ltd v United States
The Supreme Court of the United States issued five decisions today:
Gill v. Whitford, No. 16-1161: Twelve Democratic voters in Wisconsin brought a complaint claiming that the state redistricting done under Act 43 was a...more
The Supreme Court of the United States issued two decisions today:
Animal Science Products, Inc. v. Hebei Welcome Pharmaceutical Co., No. 16-1220: Petitioner Animal Science Products and other U.S.-based purchasers of...more
The Supreme Court of the United States issued four decisions today:
China Agritech, Inc. v. Resh, No. 17-432: In American Pipe & Constr. Co. v. Utah, 414 U.S. 538 (1974) and subsequent decisions, the Court has held that...more
6/12/2018
/ Beneficiaries ,
China Agritech Inc v Resh ,
Class Certification ,
Comity ,
Contracts Clause ,
Divorce ,
Equitable Defenses ,
Equitable Tolling ,
Federal Rules of Civil Procedure ,
Federalism ,
FRCP 23 ,
Help America Vote Act (HAVA) ,
Husted v A Philip Randolph Institute ,
Life Insurance ,
National Voter Registration Act (NVRA) ,
SCOTUS ,
Statute of Limitations ,
Sveen v Melin ,
Treaties ,
Tribal Lands ,
Voting Rights
The Supreme Court of the United States issued five decisions today:
Masterpiece Cakeshop, Ltd. v. Colorado Civil Rights Comm’n, No. 16-111: In 2012, a same-sex couple filed a complaint with the Colorado Civil Rights...more
6/5/2018
/ Abortion ,
Anti-Discrimination Policies ,
Chapter 7 ,
Commercial Bankruptcy ,
Criminal Penalties ,
Dischargeable Debts ,
En Banc Review ,
Federal Rules of Civil Procedure ,
Federal Sentencing Guidelines ,
Free Exercise Clause ,
Free Speech ,
Freedom of Religion ,
Masterpiece Cakeshop Ltd v Colorado Civil Rights Commission ,
Petition for Writ of Certiorari ,
Plea Agreements ,
Refugees ,
Remand ,
Restraining Orders ,
SCOTUS
The Supreme Court of the United States issued its rulings in three cases today:
Lagos v. United States, No. 16-1519: The Mandatory Victims Restitution Act of 1996 requires that defendants convicted of certain offenses...more
5/30/2018
/ Criminal Prosecution ,
Fifth Amendment ,
Fourth Amendment ,
Lagos v United States ,
Mandatory Victim's Restitution Act ,
Petition for Writ of Certiorari ,
Probable Cause ,
Restitution ,
Reversal ,
SCOTUS ,
Search Warrant
The Supreme Court of the United States issued two decisions today:
Epic Systems Corp. v. Lewis, No. 16-285: Three cases from three different circuits – the Fourth Circuit, Seventh Circuit, and Ninth Circuit – all...more
5/22/2018
/ Arbitration ,
Atomic Energy Act ,
Attorney's Fees ,
Epic Systems Corp v Lewis ,
Federal Arbitration Act ,
Foreign Sovereign Immunities Act of 1976 (FSIA) ,
Native American Issues ,
Preemption ,
SCOTUS ,
Social Security Benefits ,
Tribal Lands
The Supreme Court of the United States issued five decisions today:
Murphy v. National Collegiate Athletic Assn., No. 16-476: In the 1990s, Congress enacted the Professional and Amateur Sports Protection Act (“PASPA”), 28...more
5/15/2018
/ BNSF Railway ,
Bodily Injury ,
Certiorari ,
Constitutional Challenges ,
Criminal Prosecution ,
Death Penalty ,
Murder ,
NCAA ,
PASPA ,
SCOTUS ,
Search & Seizure ,
Wiretapping
Today the Supreme Court granted certiorari in three cases:
Frank v. Gaos, No. 17-961: Whether, or in what circumstances, a cy pres award of class action proceeds that provides no direct relief to class members supports...more
The Supreme Court of the United States issued three decisions today:
Oil States Energy Services, LLC v. Greene’s Energy Group, LLC, No. 16-712: The Leahy-Smith America Invents Act, 35 U.S.C. §100 et seq., went into effect...more
4/25/2018
/ Alien Tort Statute ,
America Invents Act ,
Article III ,
Certiorari ,
Constitutional Challenges ,
Due Process ,
Inter Partes Review (IPR) Proceeding ,
Oil States Energy Services v Greene's Energy Group ,
Patents ,
Post-Grant Review ,
SAS Institute Inc. v Iancu ,
SCOTUS ,
Seventh Amendment ,
Takings Clause ,
USPTO
The Supreme Court of the United States issued three decisions yesterday -
United States v. Microsoft Corp., No. 17-2: Federal law enforcement agents obtained a warrant under 18 U.S.C. §2703, requiring Microsoft to...more
4/18/2018
/ Aggravated Felony ,
Appeals ,
Certiorari ,
Cloud Storage ,
Constitutional Challenges ,
Criminal Convictions ,
Data Storage ,
Deportation ,
Habeas Corpus ,
Immigration and Nationality Act ,
Ineffective Assistance of Counsel ,
Ireland ,
Murder ,
Remand ,
Reversal ,
SCOTUS ,
Search Warrant ,
Sessions v Dimaya ,
Stored Communications Act ,
US v Microsoft ,
Violent Felonies ,
Wilson v Sellers
The Supreme Court of the United States issued two decisions today:
Encino Motorcars, LLC v. Navarro, No. 16-1362: The Fair Labor Standards Act (“FLSA”) requires that employers pay covered employees overtime compensation,...more
4/3/2018
/ Car Dealerships ,
Certiorari ,
Excessive Force ,
Exempt-Employees ,
Fair Labor Standards Act (FLSA) ,
Law Enforcement ,
Navarro v Encino Motorcars ,
Qualified Immunity ,
Robbery ,
SCOTUS ,
Service Advisors ,
Wage and Hour