National Federation of Independent Businesses v. Department of Labor, Nos. 21-244, 21-247: Numerous challenges were brought against the emergency rule issued on November 5, 2021, by the Occupational Safety and Health...more
1/14/2022
/ Centers for Medicare & Medicaid Services (CMS) ,
Constitutional Challenges ,
Coronavirus/COVID-19 ,
Employer Mandates ,
Healthcare Facilities ,
Interim Final Rules (IFR) ,
Medicaid ,
Medicare ,
Military Service Members ,
National Federation of Independent Business v Department of Labor and OSHA ,
National Guard ,
Non-Delegation Doctrine ,
OSHA ,
Retirement Plan ,
SCOTUS ,
Temporary Regulations ,
Vaccinations
Alfred Siegel v. John Fitzgerald, III, No. 21-441: This case, involving the Bankruptcy Judgeship Act of 2017 (“BJA”) applicable to Chapter 11 bankruptcies, presents the following question: Whether the BJA violates the...more
1/11/2022
/ Bankruptcy Trustees ,
Commercial Bankruptcy ,
Constitutional Challenges ,
Exclusive Jurisdiction ,
Federal Rules of Civil Procedure ,
Fees ,
Final Judgment ,
Public Employees ,
SCOTUS ,
Trustees ,
Uniformity Clause ,
Workers’ Compensation
Viking River Cruises v. Angie Moriana, No. 20-1573: This case, involving the Federal Arbitration Act (“FAA”) and the California Private Attorneys General Act (“PAGA”), presents the following question: Whether the FAA requires...more
12/16/2021
/ Arbitration Agreements ,
Certiorari ,
Class Action ,
Class Certification ,
Federal Arbitration Act ,
Interstate Commerce ,
Preemption ,
Private Attorneys General Act (PAGA) ,
Railroads ,
Safety Standards ,
Uniformed Services Employment and Reemployment Rights Act (USSERA)
Southwest Airlines Co. v. Latrice Saxon, No. 21-309: This case, involving the Federal Arbitration Act, presents the following question: Whether workers who load or unload goods from vehicles that travel in interstate...more
Whole Woman’s Health v. Jackson, No. 21-463: Abortion providers brought a pre-enforcement challenge to a recently enacted Texas statute that “prohibits physicians from ‘knowingly perform[ing] or induc[ing] an abortion on a...more
Berger v. North Carolina Conference of the NAACP, No. 21-248: This case, in which North Carolina legislative leadership argued they have a right to intervene to defend the State’s voter ID law, raises the following issues...more
Mississippi v. Tennessee, No. 143, Orig.: Mississippi brought an original action against Tennessee, seeking $615 million in damages for Tennessee’s pumping from the Middle Claiborne Aquifer, which lies beneath both States....more
Morgan v. Sundance, Inc., No. 21-328: Does the arbitration-specific requirement that the proponent of a contractual waiver defense prove prejudice violate this Court’s instruction in AT&T Mobility LLC v. Concepcion, 563 U.S....more
Marietta Memorial Hospital v. Davita Inc., No. 20-1641: This case, involving the Medicare Secondary Payer Act, presents the following questions...more
West Virginia v. EPA, No. 20-1530; North American Coal Corp. v. EPA, No. 20-1531; Westmoreland Mining Holdings v. EPA, No. 20-1778; North Dakota v. EPA, No. 20-1780: In four consolidated cases, the Court agreed to review the...more
Whole Woman's Health v. Jackson, Judge, No. 21-463: The Court granted review on the sole question presented by the petitioner in its challenge to Texas’ 6-week abortion ban...more
Ysleta del Sur Pueblo v. Texas, No. 20-493: Whether the Ysleta del Sur Pueblo and Alabama-Coushatta Indian Tribes of Texas Restoration Act provides the Ysleta del Sur Pueblo with sovereign authority to regulate non-prohibited...more
Cassirer v. Thyssen-Bornemisza Collection Foundation, No. 20-1566: Whether a federal court hearing state law claims brought under the Foreign Sovereign Immunities Act must apply the forum state’s choice-of-law rules to...more
10/1/2021
/ Choice-of-Law ,
Common Law Test ,
Equitable Tolling ,
Establishment Clause ,
Federal Sentencing Guidelines ,
First Amendment ,
Foreign Sovereign Immunities Act of 1976 (FSIA) ,
Petition for Review ,
Religious Expression ,
SCOTUS ,
State Law Claims
Hughes v. Northwestern University, No. 19-1401: Whether allegations that a defined-contribution retirement plan paid or charged its participants fees that substantially exceeded fees for alternative available investment...more
7/2/2021
/ Affordable Care Act ,
Breach of Duty ,
Chevron Deference ,
Compensatory Damages ,
Defined Contribution Plans ,
Department of Health and Human Services (HHS) ,
Disparate Impact ,
Employee Retirement Income Security Act (ERISA) ,
Equal Protection ,
Excessive Fees ,
Fiduciary Duty ,
Hobbs Act ,
Medicaid ,
Medicare ,
Medicare Part A ,
Prescription Drugs ,
Rehabilitation Act ,
Retirement Plan ,
Title VI
Brnovich v. Democratic National Committee, No. 19-1257: The Democratic National Committee and other affiliates brought a suit challenging two Arizona voting restrictions as violating §2 of the Voting Rights Act (“VRA”)....more
7/2/2021
/ Charitable Donations ,
Charitable Organizations ,
Donors ,
First Amendment ,
Form 990 ,
IRS ,
Political Contributions ,
Public Charities ,
Race Discrimination ,
Registration Requirement ,
SCOTUS ,
Voting Rights ,
Voting Rights Act
Minerva Surgical, Inc. v. Hologic, Inc., No. 20-440: In the late 1990s, Csaba Truckai invented and patented a device to treat abnormal uterine bleeding. Truckai assigned his interest to his company, Novacept, which in turn...more
6/30/2021
/ Commerce Clause ,
Condemnation ,
Department of Homeland Security (DHS) ,
Deportation ,
Detention ,
Estoppel ,
FERC ,
Immigrants ,
Immigration Procedures ,
Interstate Commerce ,
Inventors ,
IP Assignment Agreements ,
Natural Gas Act ,
Patent Validity ,
Patents ,
Pipelines ,
Remand ,
SCOTUS ,
USPTO
Today, the Supreme Court of the United States issued the following two per curiam decisions:
Pakdel v. City and County of San Francisco, No. 20-1212: Petitioners are partial owners of a multiunit residential building in...more
6/29/2021
/ Board of Immigration Appeals ,
Certiorari ,
Constitutional Challenges ,
Excessive Force ,
Judicial Review ,
Petition for Writ of Certiorari ,
Regulatory Takings ,
Remand ,
Residential Leases ,
SCOTUS ,
Vacated
TransUnion LLC v. Ramirez, No. 20-297: This standing case concerns a class of individuals that sued TransUnion, a credit reporting agency, under the Fair Credit Reporting Act. The allegations concerned TransUnion’s add-on...more
Collins v. Yellen, No. 19-422: The Housing and Economic Recovery Act of 2008 (“Recovery Act”), 12 U.S.C. §4501 et seq., was passed in response to concerns that Fannie Mae’s and Freddie Mac’s financial condition as a result of...more
6/24/2021
/ Agricultural Sector ,
Agricultural Workers ,
American Recovery and Reinvestment Act ,
Constitutional Challenges ,
Easements ,
Fannie Mae ,
FHFA ,
First Amendment ,
Freddie Mac ,
Motion To Suppress ,
Public Access Laws ,
Public Schools ,
Remand ,
SCOTUS ,
Separation of Powers ,
Social Networks ,
Takings Clause ,
Union Representatives ,
Unions ,
Vacated ,
Warrantless Searches
Goldman Sachs Group, Inc. v. Arkansas Teacher Retirement System, No. 20-222: In this securities-fraud class action, plaintiff pension funds brought suit against the Goldman Sachs Group, alleging that Goldman had maintained an...more
6/22/2021
/ Administrative Law Judge (ALJ) ,
Appointments Clause ,
Class Action ,
Goldman Sachs ,
Inter Partes Review (IPR) Proceeding ,
NCAA ,
Patent Trial and Appeal Board ,
Patents ,
Public Employee Retirement Funds ,
Restraint of Trade ,
SCOTUS ,
Securities Fraud ,
Securities Litigation ,
Sherman Act
California v. Texas, Nos. 19-840, 19-1019: The Affordable Care Act’s individual mandate, as it is commonly known, requires individuals to maintain a minimum level of health insurance coverage. As originally passed, the Act...more
6/18/2021
/ Affordable Care Act ,
Alien Tort Statute ,
Article III ,
California v Texas ,
Cargill Inc. v Doe I ,
First Amendment ,
Foster Children ,
Free Exercise Clause ,
Health Insurance ,
Human Trafficking ,
Individual Mandate ,
Nestle USA Inc. v Doe I ,
Same-Sex Marriage ,
SCOTUS ,
Slavery ,
Social Services ,
Standing
Greer v. United States, Nos. 19-8709, 20-444: Federal statutes criminalize the possession of firearms for individuals in certain categories, such as individuals previously convicted of a felony. In the 2019 case of Rehaif v....more
Borden v. United States, No. 19-5410: Under the Armed Career Criminal Act (“ACCA”), persons found guilty of illegally possessing a gun who have three or more prior convictions for a “violent felony” are subject to a mandatory...more
Today, the Supreme Court of the United States issued the following decision:
Sanchez v. Mayorkas, No. 20-315: The immigration laws provide a path under 8 U.S.C. §1255 for a “nonimmigrant” - a foreign national lawfully...more
6/8/2021
/ Certiorari ,
FBI ,
FISA ,
Foreign Intelligence Surveillance Act ,
Foreign Nationals ,
Immigration Procedures ,
Lawful Permanent Residents ,
Non-Immigrant Visas ,
SCOTUS ,
Surveillance ,
Temporary Protected Status
Van Buren v. United States, No. 19-783: Petitioner Nathan Van Buren, when he was a police sergeant, had access to search the state law enforcement computer data base, and was authorized by his department’s policy to do so...more