United States v. Cooley, No. 19-1414: Whether the lower courts erred in suppressing evidence on the theory that a police officer of an Indian tribe lacked authority to temporarily detain and search respondent, a non-Indian,...more
Carr v. Saul, No. 19-1442; Davis v. Saul, No. 20-105: Whether a claimant seeking disability benefits under the Social Security Act, 42 U.S.C. §301 et seq., forfeits an Appointments Clause challenge to the appointment of an...more
Mckesson v. Doe, No. 19-1108: The plaintiff-respondent in this case is a police officer who suffered devastating injuries after being struck by a rock-like object during a protest in Baton Rouge, Louisiana. The protest...more
Trump v. Sierra Club, No. 20-138: This case concerns the Acting Secretary of Defense’s transfer of funds pursuant to Section 8005 of the Defense Appropriations Act to make funds available to construct border fences along the...more
10/20/2020
/ Administrative Procedure Act ,
Appropriation ,
Department of Defense (DOD) ,
Department of Homeland Security (DHS) ,
Immigration Procedures ,
Law Enforcement ,
Migrants ,
Notice and Comment ,
Probable Cause ,
Rulemaking Process ,
SCOTUS ,
Sierra Club ,
Statutory Authority ,
Trump Administration
United States v. Arthrex, Inc., No. 19-1434; Smith & Nephew, Inc. v. Arthrex, Inc., No. 19-1452; Arthrex, Inc. v. Smith & Nephew, Inc., No. 19-1458: 1) Whether, for purposes of the Appointments Clause, U.S. Const. Art. II, §...more
Brnovich v. Democratic Nat. Comm., No. 19-1257; Arizona Republican Party v. Democratic Nat. Comm., No. 19-1258: 1) Does Arizona’s out-of-precinct policy - which does not count provisional ballots cast in person on Election...more
10/5/2020
/ Administrative Appeals ,
Appeals ,
Arbitrary and Capricious ,
Asylum ,
Department of Justice (DOJ) ,
FCC ,
Immigration Procedures ,
Political Parties ,
Remand ,
Removal ,
Telecommunications Act ,
Voting Rights ,
Voting Rights Act
The Supreme Court of the United States issued the following decisions:
Trump v. Mazars USA, LLP, No. 19-715; Trump v. Deutsche Bank AG, No. 19-760: In April 2019, three United States House of Representatives’ committees...more
7/13/2020
/ Appeals ,
Congressional Committees ,
Congressional Subpoenas ,
Conservators ,
Constitutional Challenges ,
Donald Trump ,
Executive Branch ,
Facebook ,
Fannie Mae ,
FHFA ,
Foreign Interference in US Elections ,
Freddie Mac ,
Income Taxes ,
Major Crimes Act ,
Money Laundering ,
Native American Issues ,
Remand ,
SCOTUS ,
Separation of Powers ,
Tax Returns ,
TCPA ,
Terrorism Funding ,
Trump v Deutsche Bank AG ,
Trump v Mazars USA LLP ,
Trump v Vance ,
Vacated ,
Valid Legislative Purpose
Our Lady of Guadalupe School v. Morrissey-Berru, No. 19-267: The Court has recognized that the First Amendment protects the right of religious institutions “to decide for themselves, free from state interference, matters of...more
7/8/2020
/ Age Discrimination ,
Americans with Disabilities Act (ADA) ,
Appeals ,
Disability Discrimination ,
Dismissals ,
Employment Discrimination ,
First Amendment ,
Freedom of Religion ,
Ministerial Exception ,
Ministerial Function ,
Our Lady of Guadalupe School v Morrissey-Berru ,
Religious Schools ,
Religious Workers ,
Reversal ,
SCOTUS ,
St James School v Biel ,
Teachers
Barr v. American Assn. of Political Consultants, Inc., No. 19-631: The Telephone Consumer Protection Act of 1991 (“TCPA”) generally prohibits robocalls to cell phones and home phones, but was amended in 2015 to permit...more
Nestlé USA, Inc. v. Doe I, No. 19-416; Cargill, Inc. v. Doe I, No. 19-453: 1) Whether an aiding and abetting claim against a domestic corporation brought under the Alien Tort Statute, 28 U.S.C. §1350, may overcome the...more
Seila Law LLC v. Consumer Financial Protection Bureau, No. 19-7: Congress established the Consumer Financial Protection Bureau (“CFPB”) in light of the 2008 financial crisis to be an independent regulatory agency. Unlike...more
Patent and Trademark Office v. Booking.com B. V., No. 19-46: Federal trademark law makes generic names, i.e., the name of a class of products or services, ineligible for federal trademark registration. Here, respondent...more
Department of Homeland Security v. Thuraissigiam, No. 19-161. Under the Illegal Immigration Reform and Immigrant Responsibility Act (“IIRIRA”), Congress in 1996 crafted a system for processing aliens apprehended at or near...more
6/30/2020
/ 8 U.S.C. §1252(e)(2) ,
Appeals ,
Department of Homeland Security (DHS) ,
Department of Homeland Security v Thuraissigiam ,
Deportation ,
Detainees ,
Dismissals ,
Due Process ,
Expedited Actions Process ,
Illegal Immigration Reform and Immigrant Responsibility Act (IIRIRA) ,
Judicial Review ,
Non-Citizens ,
Political Asylum ,
Remand ,
Removal Orders ,
Reversal ,
SCOTUS ,
Suspension Clause ,
Unlawful Aliens ,
Writ of Habeus Corpus
Department of Homeland Security v. Regents of Univ. of Cal., No. 18-587; Trump v. NAACP, No. 18-588; Wolf v. Vidal, No. 18-589: In 2012, the Department of Homeland Security (“DHS”) announced the Deferred Action for Childhood...more
6/22/2020
/ Administrative Procedure Act ,
Arbitrary and Capricious ,
Citizenship ,
DACA ,
Department of Homeland Security (DHS) ,
Department of Homeland Security v Regents of the University of California ,
Educational Institutions ,
Path To Citizenship ,
Rescission ,
SCOTUS ,
Trump Administration ,
Trump v NAACP ,
USCIS ,
Wolf v Vidal ,
Work Permits
Liu v. SEC, No. 18-1501: The SEC brought a civil action against petitioners Charles Liu and Xin (Lisa) Wang, a married couple who solicited nearly $27 million from foreign investors under a private offering memorandum...more
6/22/2020
/ 15 U.S.C. § 78u(d)(5) ,
Administrative Authority ,
Business Expenses ,
Calculation of Damages ,
Corporate Misconduct ,
Disgorgement ,
Enforcement Actions ,
Equitable Relief ,
Kokesh v SEC ,
Liu v Securities and Exchange Commission ,
Net Profits ,
Remedies ,
SCOTUS ,
Securities and Exchange Commission (SEC)
Today, the Supreme Court of the United States issued the following opinions:
Bostock v. Clayton County, No. 17-1618; Altitude Express, Inc. v. Zarda, No. 17-1623; R. G. & G. R. Harris Funeral Homes, Inc. v. Equal...more
6/16/2020
/ Altitude Express Inc v Zarda ,
Bostock v Clayton County Georgia ,
Certiorari ,
Civil Rights Act ,
EEOC v RG & GR Harris Funeral Homes ,
Employment Litigation ,
Gender Identity ,
Hiring & Firing ,
LGBTQ ,
SCOTUS ,
Sex Discrimination ,
Sexual Orientation ,
Sexual Orientation Discrimination ,
Title VII ,
Transgender
Today, the Supreme Court of the United States issued the following opinion:
Lomax v. Ortiz-Marquez, No. 18-8369: Petitioner Arthur J. Lomax is an inmate who filed this in forma pauperis (“IFP”) lawsuit against prison...more
Thole v. U. S. Bank N. A., No. 17-1712: Plaintiffs-petitioners James Thole and Sherry Smith are two retired participants in respondent U.S. Bank N.A.’s defined-benefit plan. They brought a putative class action under ERISA...more
6/3/2020
/ Appointments Clause ,
Arbitration ,
Article III ,
Convention Against Torture (CAT) ,
Deportation ,
Employee Retirement Income Security Act (ERISA) ,
Federal Rules of Civil Procedure ,
Habeas Corpus ,
New York Convention ,
Prisoners ,
Puerto Rico ,
Puerto Rico Oversight Management and Economic Stability Act (PROMESA) ,
Standing ,
Substantial Evidence Standard ,
Thole v U.S. Bank
Opati v. Republic of Sudan, No. 17-1268: Victims of a 1998 al Qaeda attack outside the United States Embassies in Kenya and Tanzania brought suit in federal court against the Republic of Sudan, alleging that Sudan had...more
5/24/2020
/ Al-Qaeda ,
Amended Complaints ,
Appeals ,
Bodily Injury ,
Congressional Intent ,
Exceptions ,
Foreign Sovereign Immunities Act of 1976 (FSIA) ,
Opati v Republic of Sudan ,
Preenactment Conduct ,
Punitive Damages ,
Remand ,
SCOTUS ,
State Sponsors of Terrorism ,
Sudan ,
Terrorist Acts ,
Vacated ,
Wrongful Death
Lucky Brand Dungarees, Inc. v. Marcel Fashions Group, Inc., No. 18-1086: Petitioner Lucky Brand Dungarees and respondent Marcel Fashions Group have been engaged in three separate rounds of trademark-related litigation over a...more
5/18/2020
/ Appeals ,
Claim Preclusion ,
Collateral Estoppel ,
Counterclaims ,
Defense Preclusion ,
Fashion Branding ,
Issue Preclusion ,
Lucky Brand Dungarees v Marcel Fashion Group ,
Motion to Dismiss ,
Release Agreements ,
Remand ,
Res Judicata ,
SCOTUS ,
Split of Authority ,
Subsequent Litigation ,
Trademark Litigation ,
Trademarks ,
Vacated
Kelly v. United States, No. 18-1059: When the mayor of Fort Lee, New Jersey refused to back then-Governor Chris Christie’s reelection campaign, the Governor’s Deputy Chief of Staff, Bridget Anne Kelly, and others punished the...more
CIC Services, LLC v. Internal Revenue Service, et al., No. 19-930: Whether the Anti-Injunction Act’s bar on lawsuits for the purpose of restraining the assessment or collection of taxes also bars challenges to unlawful...more
Maine Community Health Options v. United States, No. 18-1023: The Patient Protection and Affordable Care Act (“ACA”) – as part of its goal to expand healthcare coverage – established online marketplace exchanges where...more
Today, the Supreme Court of the United States issued the following three opinions:
Thryv, Inc. v. Click-To-Call Technologies, LP, No. 18-916: Patent challengers are able to ask the U.S. Patent and Trademark Office (“PTO”)...more
4/21/2020
/ Atlantic Richfield Co v Christian ,
CERCLA ,
Certiorari ,
Common Law Claims ,
Constitutional Challenges ,
Criminal Prosecution ,
Exclusive Jurisdiction ,
Inter Partes Review (IPR) Proceeding ,
Judicial Review ,
Patents ,
SCOTUS ,
Sixth Amendment ,
Thryv Inc v Click-To-Call Technologies LP
Babb v. Wilkie, No. 18-882: Petitioner Norris Babb, a clinical pharmacist at the U.S. Department of Veterans Affairs, brought an age discrimination suit against the Secretary of Veterans Affairs (“VA”). The federal-sector...more