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
Today, the Supreme Court of the United States issued the following two decisions:
United States v. Cooley, No. 19-1414: When a tribal officer saw a truck parked on the side of a public highway within the Crow...more
Today, the Supreme Court of the United States issued the following decision:
San Antonio v. Hotels.com, L.P., No. 20-334: Although the general rule in litigation is that each side bears its own attorney’s fees, certain...more
Today, the Supreme Court of the United States issued the following two decisions:
Guam v. United States, No. 20-382: The Territory of Guam and the United States have been involved in a long-running dispute over...more
Today, the Supreme Court of the United States issued the following four decisions:
BP p.l.c. v. Mayor and City Council of Baltimore, No. 19-1189: Congress has commanded that generally, an order remanding a case back to...more
5/18/2021
/ Appeals ,
Certiorari ,
Civil Rights Act ,
Constitutional Challenges ,
Criminal Convictions ,
Criminal Procedure ,
Firearms ,
Income Taxes ,
IRS ,
Jury Verdicts ,
Law Enforcement ,
Officer Removal ,
Petition for Writ of Certiorari ,
Post Conviction Relief Act ,
Remand ,
SCOTUS ,
Search Warrant
Niz-Chavez v. Garland, No. 19-863: Congress has given the Attorney General discretion to allow qualifying nonpermanent resident aliens ordered to be removed from the United States, to instead remain in the country. One of the...more