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
Southwest Airlines v. Saxon, No. 21-309: This case concerns the scope of the Federal Arbitration Act’s (FAA) exemption for certain interstate transportation workers - namely, “seamen, railroad employees, or any other class of...more
6/9/2022
/ Airlines ,
Arbitration ,
Bankruptcy Trustees ,
Exemptions ,
Fair Labor Standards Act (FLSA) ,
Federal Arbitration Act ,
Interstate Commerce ,
Medicaid ,
SCOTUS ,
Southwest Airlines ,
Wage and Hour
Shurtleff v. Boston, No. 20-1800: This case concerns whether the City of Boston violated the First Amendment by refusing a private party’s request to raise a Christian flag on a city flagpole during an event, where Boston had...more
Cummings v. Premier Rehab Keller PLLC, No. 21-869: This case concerns whether emotional distress damages are recoverable in a private action to enforce the Rehabilitation Act of 1973 or the Affordable Care Act. The plaintiff...more
Reed v. Goertz, No. 21-442: This case concerns the statute of limitations applicable to claims brought under 42 U.S.C. § 1983 brought by prisoners seeking DNA testing of crime-scene evidence on the ground that available state...more
Boechler, P.C. v. Commissioner of Internal Revenue, No. 20-1472: This case involves the application of “equitable tolling” in tax “collection due process” cases. This case arose after the IRS sustained a proposed levy on the...more
4/22/2022
/ Advertising ,
Criminal Convictions ,
Due Process ,
Equitable Tolling ,
Fine Art ,
First Amendment ,
Foreign Sovereign Immunities Act of 1976 (FSIA) ,
Habeas Corpus ,
IRS ,
Nazi Looted Art ,
Puerto Rico ,
SCOTUS ,
Supplemental Security Income (SSI)
Today, the Supreme Court of the United States issued one decision:
Thompson v. Clark, No. 20-659: In 2014, police received a report that petitioner Larry Thompson was sexually abusing his newborn baby. When police...more
Today, the Supreme Court of the United States issued one decision:
Badgerow v. Walters, No. 20-1143: This case concerns the scope of the federal courts’ jurisdiction to confirm or vacate arbitration awards under Sections...more
Andy Warhol Foundation for the Visual Arts, Inc. v. Goldsmith, No. 21-869: This case concerns the scope of the Copyright Act’s fair use defense. The case arises from Andy Warhols’ artwork that utilized a photo of music legend...more
Houston Community College System v. Wilson, No. 20-804: This case concerns whether the First Amendment limits a local government’s power to censure its members. Mr. Wilson was elected to the Board of Trustees of the Houston...more
United States v. Tsarnaev, No. 20-443: This case concerns the death penalty imposed on one of the two brothers, Dzhokhar Tsarnaev, who planted and detonated bombs at the 2013 Boston Marathon, killing three and wounding...more
United States v. Zubaydah, No. 20-827: Respondent Abu Zubaydah claims that following the September 11, 2001, terrorist attacks, the CIA held him in a detention site in Poland and subjected him to “enhanced interrogation”...more
3/4/2022
/ 28 U.S.C. § 1782 ,
Abortion ,
Constitutional Challenges ,
Discovery ,
Foreign Jurisdictions ,
International Arbitration ,
International Litigation ,
Jurisdiction ,
SCOTUS ,
State Attorneys General ,
State Secrets
Brackeen v. Haaland, No. 21-380: The Supreme Court granted review in this case (and three other consolidated cases), all of which involve the constitutionality of several provisions of the Indian Child Welfare Act (ICWA)....more
Unicolors, Inc. v. H&M Hennes & Mauritz, L.P., Case No. 20-915: This case involves interpretation of the safe harbor provision of the Copyright Act, 17 U.S.C. § 411(a). ...more
Adolfo Arellano v. Secretary of Veterans Affairs, No. 21-432: This case concerns whether equitable tolling may extend the deadline for veterans to submit an application for disability benefits under 38 U.S.C. § 5110(b)(1)...more
2/23/2022
/ Anti-Discrimination Policies ,
Department of Veterans Affairs ,
Disability Benefits ,
Equitable Tolling ,
First Amendment ,
Free Speech ,
Public Accommodation ,
Rebuttable Presumptions ,
Same-Sex Marriage ,
SCOTUS ,
Veterans
Biden v. Texas, No. 21-954: This case concerns the Migrant Protection Protocols (MPP) - also known as the “Remain in Mexico” policy - a former policy of the Department of Homeland Security (DHS) under which certain...more
Hughes v. Northwestern University, No. 19-1401: This case concerns the proper pleading standard for certain breach of fiduciary duty claims brought under the Employee Retirement Income Security Act (“ERISA”)....more
Oklahoma v. Victor Manuel Castro-Huerta, No. 21-429: This case presents the following question: Whether a State has authority to prosecute non-Indians who commit crimes against Indians in “Indian country.”...more
Students for Fair Admissions v. President and Fellows of Harvard; Students for Fair Admissions v. University of North Carolina, Nos. 20-1199, 21-707: These cases, involving the interpretation of the Equal Protection Clause...more
1/24/2022
/ Administrative Procedure ,
Cease and Desist Orders ,
Civil Rights Act ,
Clean Water Act ,
Environmental Protection Agency (EPA) ,
Equal Protection ,
Federal Trade Commission (FTC) ,
Harvard University ,
Jurisdiction ,
SCOTUS ,
Substantial Nexus ,
Title VI ,
Waters of the United States ,
Wetlands
Hemphill v. New York, Nos. 20-637: In this case, Darrell Hemphill successfully challenged his conviction for the murder of a 2-year-old child killed by a stray bullet in 2006, arguing that the State's presentation of the...more
Kevin George v. McDonough, No. 21-234: This case, involving an agency’s authority to interpret the statutes it regulates, presents the following question: When the Department of Veterans Affairs (VA) denies a veteran’s claim...more
1/18/2022
/ All Writs Act ,
Civil Rights Act ,
Death Penalty ,
Department of Veterans Affairs ,
Establishment Clause ,
Evidence ,
First Amendment ,
Free Exercise Clause ,
Free Speech ,
Habeas Corpus ,
Law Enforcement ,
Miranda Warnings ,
Public Schools ,
SCOTUS ,
Veterans