News & Analysis as of October 13, 2024

Supreme Court of the United States › Legal History

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The United States Supreme Court is the highest court of the United States and is charged with interpreting federal law, including the United States Constitution. The Court's docket is largely discretionary with only a limited number of cases granted review each term. The Court is comprised of one chief justice and eight associate justices, who are nominated by the President and confirmed by the Senate to hold lifetime positions. less -

Frozen at the Starting Line: Biden’s New Title IX Rules Blocked in Majority of States as Schools Torn Between Trump Initiatives...

Benesch on 8/16/2024

Twenty-six states filed litigation in courts nationwide to prevent the enactment of President Biden’s April 2024 revisions to the Title IX statute aimed at increasing protections for LGBTQIA+ athletes, pregnant and parenting...more

Justices Leave Federal Jurisdiction over Enforcement of Arbitration Awards Unclear

Miller Canfield on 6/19/2024

The Federal Arbitration Act (FAA) requires federal courts to enforce agreements to arbitrate that impact interstate commerce. The FAA and its body of case law are binding on state courts and many states have adopted similar...more

DEI Under Scrutiny, Part VI: Supreme Court Declines to Hear Case Over Race-Neutral Measures Allegedly Intended to Increase Racial...

Ogletree, Deakins, Nash, Smoak & Stewart,... on 2/23/2024

The Supreme Court of the United States declined to review a case alleging that facially race-neutral admissions criteria at a selective Virginia public high school were unlawfully intended to strike a racial balance, leaving...more

Far From Home: Supreme Court Expands General Jurisdiction for Out-of-State Defendants in Mallory v. Norfolk Southern Railway Co.

Benesch on 9/18/2023

When served with a summons and complaint for an out-of-state lawsuit, one of the first things a defendant is likely to ask is—can this court compel me to appear? Given that most transportation and logistics-related disputes...more

Waters of the United States Rule Revised in Response to Sackett Decision

Holland & Knight LLP on 9/8/2023

The U.S. Army Corps of Engineers (Corps) and U.S. Environmental Protection Agency (EPA) on Aug. 29, 2023, issued a final rulemaking revising the definition of "Waters of the United States" (WOTUS) within Corps1 and EPA2...more

U.S. Supreme Court Holds Tribal Sovereign Immunity Expressly Abrogated by U.S. Bankruptcy Code

Holland & Knight LLP on 6/22/2023

Section 106(a) of the U.S. Bankruptcy Code expressly abrogates the sovereign immunity of "governmental units" for purposes of certain bankruptcy-related litigation. A split of authority concerning whether that abrogation...more

Chevron Deference Running on Fumes?

Holland & Knight LLP on 5/19/2023

Recently, the U.S. Supreme Court agreed to revisit one of its most significant rulings affecting administrative rules and regulations by granting cert in the matter Loper Bright Enterprises v. Raimondo. The court's decision...more

Sum, Substance, and Social Justice: Civil Rights Litigation During the Past 125 Years and the Impact on our Present and Future

Venable LLP on 3/2/2022

As part of our Black History Month celebrations, Venable partner Craig Thompson delivered a fascinating lecture about civil rights litigation going back more than 100 years. Among the cases Craig discussed were Supreme Court...more

U.S. Supreme Court to Address Prejudice Requirement for Waiver of Arbitration Agreements

K&L Gates LLP on 3/1/2022

Agreements to submit disputes to arbitration are commonplace, with parties attempting to avoid the time, cost, and publicity involved in litigating disputes in court. To facilitate these aims, the Federal Arbitration Act (the...more

COVID-19: History And The Law--How Far Is Too Far?

McManis Faulkner on 5/8/2020

Covid-19 has changed our way of life. Meeting old friends, dinner with the parents, a first date for our single friends, have all been forbidden, arguably making some of our favorite pastimes criminal. In places like Santa...more

What is an Abstract Idea, Anyway?

McDonnell Boehnen Hulbert & Berghoff LLP on 3/3/2020

In 2014's Alice Corp. v. CLS Bank Int'l case, Justice Thomas famously wrote, "we need not labor to delimit the precise contours of the 'abstract ideas' category in this case." Instead, he found the claims of patentee Alice...more

Kisor Helps Auer Find Its Way Back To Seminole Rock

(ACOEL) | American College of Environmental... on 1/28/2020

Shortly before the new year, when the holidays were in full swing, Kisor v. Wilkie celebrated its half-birthday. That was quick. Just six months ago – when short winter days were long summer nights, when peppermint mochas...more

Back In the Saddle and Ready To Ride: Will SCOTUS Buck Social Trends in the LGBT Rights Rodeo?

Obermayer Rebmann Maxwell & Hippel LLP on 10/11/2019

October 7, 2019 marked the beginning of a new U.S. Supreme Court term. One significant employment law matter the Court is expected to rule on has to do with lesbian, gay, bisexual and transgender (“LGBT”) rights. In a trio of...more

Twenty Years of Waterkeeper Alliance: How the Waterkeeper Movement Shaped and Was Shaped by U.S. Environmental Law

(ACOEL) | American College of Environmental... on 8/8/2019

In the late 1980s, when I was an associate at the environmental boutique law firm of Berle, Kass, and Case in New York City, Robert F. Kennedy, Jr. and John Cronin came to visit the firm to discuss a new project they had...more

Exploring the Origins of Pride Month and Taking Stock of LGBTQ+ Rights

Harris Beach PLLC on 6/27/2019

Across the country each June, communities come together to celebrate Lesbian, Gay, Bisexual, Transgender and Queer (LGBTQ) Pride Month. This month of events honors the 1969 Stonewall Uprising in Manhattan while also...more

The First Amendment and the Struggle for Black Equality

Jackson Walker on 2/22/2019

In 1976, President Gerald Ford officially recognized February as Black History Month. Many around the nation celebrate this annual occasion by highlighting the achievements of the civil rights movement. But there was a time...more

Yet Another Terrible Decision by the Supreme Court: This Time, Endorsing Eugenics!

Cohen & Gresser LLP on 3/23/2018

Oliver Wendell Holmes wrote and said many famous things during his long and illustrious judicial career. One of my personal favorites is: “The life of the law has not been logic, it has been experience.” As I tell my law...more

A Modest Proposal (or Two)

McDonnell Boehnen Hulbert & Berghoff LLP on 4/23/2015

Any observer of the interaction between the Federal Circuit and the Supreme Court over the past decade has recognized that the Court has become increasingly critical of the Federal Circuit's patent jurisprudence and of...more

Supreme Court’s Omnicare Decision Muddies Section 11 Opinion Liability Standards

K&L Gates LLP on 3/31/2015

The Supreme Court has a long history of rejecting expansive interpretations of implied private rights of action under Section 10(b) of the Securities Exchange Act. Most notably, since 1975, it rejected the argument that mere...more

The Heavy Burden of Light Duty: Young v. UPS

Littler on 3/31/2015

On March 25, 2015, the U.S. Supreme Court issued its much-anticipated decision in Young v. UPS, which employer and employee groups alike hoped would clarify whether employers must provide light duty and other workplace...more

Litigation Alert: U.S. Supreme Court Raises the Stakes in Trademark Proceedings at the TTAB

Fenwick & West LLP on 3/31/2015

This week, the Supreme Court issued an important ruling that will significantly impact the way parties handle trademark disputes in the United States. The opinion in B&B Hardware, Inv. v. Hargis Industries, Inc., 575 U.S....more

Supreme Court Ruling Validates DOL’s 2010 Interpretation Regarding FLSA Status of Mortgage-Loan Officers

Goodwin on 3/19/2015

The Supreme Court recently rejected a challenge to the validity of a 2010 interpretation by the U.S. Department of Labor (the “DOL”), which had concluded that the administrative exemption of the Fair Labor Standards Act...more

Supreme Court Eliminates Notice-and-Comments for Some Agency Interpretations

Ogletree, Deakins, Nash, Smoak & Stewart,... on 3/10/2015

On March 9, 2015, the Supreme Court of the United States ruled that the Paralyzed Veterans doctrine, which requires an agency to use the notice-and-comment procedures of the Administrative Procedure Act (APA) when issuing a...more

U.S. Supreme Court Agrees to Take a Second Look at Takings Case

Nossaman LLP on 2/19/2015

The burning question, is why? While this is not the first time the U.S. Supreme Court has ever granted a petition for review in the same case, it is certainly not common. And, it is downright uncommon for the Supreme Court...more

A Brief History of the Patent Law of the United States

Ladas & Parry LLP on 5/27/2014

Public perception of the patent system has swung widely over the years from highs, such as those in the late nineteenth century when Mark Twain could write “a country without a patent office and good patent laws was just a...more

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Supreme Court of the United States › Legal History

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