Aaron Van Oort

Aaron Van Oort

Faegre Baker Daniels

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Supreme Court Decides Fisher v. University of Texas at Austin

On June 20, 2016, the U.S. Supreme Court decided Fisher v. University of Texas at Austin, No. 14-981, holding that the Equal Protection Clause of the Fourteenth Amendment permits the University of Texas’ use of race-conscious...more

6/24/2016 - Affirmative Action College Admissions Colleges Equal Protection Fisher v University of Texas Fourteenth Amendment Race Discrimination SCOTUS Strict Scrutiny Standard Universities

Supreme Court Decides RJR Nabisco, Inc. et al. v. European Community et al.

On June 20, 2016, the Supreme Court of the United States decided RJR Nabisco, Inc. et al. v. European Community et al., No. 15-138, holding that at least some of the substantive provisions of the Racketeer Influenced and...more

6/21/2016 - Corporate Counsel Domestic Injury Extraterritoriality Rules Foreign Sovereigns Private Right of Action RICO RJR Nabisco RJR Nabisco v European Community SCOTUS

Supreme Court Decides Encino Motorcars, LLC v. Navarro

On June 20, 2016, the U.S. Supreme Court decided Encino Motorcars, LLC v. Navarro, holding that a Department of Labor formal regulation that reversed the Department’s longstanding informal position exempting service advisors...more

6/21/2016 - Car Dealerships DOL FLSA Navarro v Encino Motorcars SCOTUS Service Advisors Wage and Hour White-Collar Exemptions

Supreme Court Decides Cuozzo Speed Technologies, Inc. v. Lee

On June 20, 2016, the U.S. Supreme Court decided Cuozzo Speed Technologies, Inc. v. Lee, holding that, in an inter partes review, the Patent and Trademark Office (PTO) may give a patent claim its broadest reasonable...more

6/21/2016 - Broadest Reasonable Interpretation Standard Cuozzo Speed Technologies v Lee Inter Partes Review (IPR) Proceeding Patent Litigation SCOTUS USPTO

Supreme Court Decides Universal Health Services, Inc. v. United States et al. ex. rel. Escobar et al.

On June 16, 2016, the Supreme Court of the United States decided Universal Health Services, Inc. v. United States et al. ex. rel. Escobar et al., No. 15-7, holding that omitting material statutory, regulatory, or contractual...more

6/17/2016 - Conditions of Payment False Claims Act (FCA) Implied Certification SCOTUS Universal Health Services Inc v United States ex rel Escobar

Supreme Court Decides Kirtsaeng v. John Wiley & Sons, Inc.

On June 16, 2016, the U.S. Supreme Court decided Kirtsaeng v. John Wiley & Sons, Inc., No. 15-375, holding that, in assessing whether a prevailing party in copyright litigation should recover its attorneys’ fees, the...more

6/17/2016 - Attorney's Fees Copyright Copyright Infringement Kirtsaeng v. John Wiley & Sons SCOTUS

Supreme Court Decides Commonwealth of Puerto Rico v. Franklin California Tax-Free Trust

On June 13, 2016, the Supreme Court of the United States decided Commonwealth of Puerto Rico v. Franklin California Tax-Free Trust, No. 15-233, holding that Chapter 9 of the federal bankruptcy code preempts Puerto Rico’s...more

6/14/2016 - Bankruptcy Code Commonwealth of Puerto Rico v Franklin California Tax-Free Trust Popular Preemption Puerto Rico SCOTUS

Supreme Court Decides Halo Electronics, Inc. v. Pulse Electronics, Inc. and Stryker Corp. v. Zimmer, Inc.

On June 13, 2016, the Supreme Court of the United States decided Halo Electronics, Inc. v. Pulse Electronics, Inc., No. 14-1513, and Stryker Corp. v. Zimmer, Inc., No. 14-1520, holding that a patent-infringement plaintiff can...more

6/14/2016 - Damages Enhanced Damages Halo v Pulse Patent Infringement Patents Popular SCOTUS Stryker v Zimmer

Supreme Court Decides Heffernan v. City of Paterson

On April 26, 2016, the Supreme Court decided Heffernan v. City of Paterson, No. 14-1280, holding government employees who are demoted because their employer believes they are engaging in constitutionally protected political...more

4/27/2016 - Adverse Employment Action First Amendment Heffernan v City of Paterson Political Campaigns Public Employees SCOTUS Signs

Supreme Court Decides Bank Markazi v. Peterson

On April 20, 2016, the Supreme Court decided Bank Markazi v. Peterson, No. 14-770, holding that Congress did not unconstitutionally infringe on the role of the judiciary when it passed the Iran Threat Reduction and Syria...more

4/21/2016 - 22 U.S.C. § 8772 Asset Seizure Bank Markazi v Peterson Damages Foreign Judgments Iran Threat Reduction and Syria Human Rights Act SCOTUS Separation of Powers Sovereign Immunity Terrorist Acts

Supreme Court Decides Harris v. Arizona Independent Redistricting Commission

On April 20, 2016, the Supreme Court decided Harris v. Arizona Independent Redistricting Commission, No. 14-232, holding that a redistricting plan is not unconstitutional where the maximum population deviation between the...more

4/21/2016 - Equal Protection Fourteenth Amendment Harris v Arizona Independent Redistricting Commission Redistricting SCOTUS Voting Rights Act

Supreme Court Delays Implementation of Clean Power Plan

In a 5-4 vote, the United States Supreme Court stayed the implementation of the Clean Power Plan (CPP) through the ultimate Supreme Court determination on the merits, assuming the inevitable writ of certiorari from the D.C....more

2/11/2016 - Clean Power Plan Energy Sector EPA Order to Stay SCOTUS

Supreme Court Decides Michigan v. Environmental Protection Agency

On June 29, 2015, the United States Supreme Court decided Michigan v. Environmental Protection Agency, No. 14-46, and two other consolidated cases, holding that the Environmental Protection Agency (EPA) acted unreasonably,...more

6/30/2015 - Chevron Deference Clean Air Act MATS Michigan v. EPA Power Plants SCOTUS

Supreme Court Decides King v. Burwell

On June 25, 2015, the Supreme Court of the United States decided King v. Burwell, No. 14-114, holding that tax credits authorized under the Patient Protection and Affordable Care Act are available to individuals who purchase...more

6/26/2015 - Affordable Care Act Chevron Deference Employer Group Health Plans Health Insurance Health Insurance Exchanges King v Burwell SCOTUS State Health Insurance Exchanges Subsidiaries Tax Credits

Supreme Court Decides Equal Employment Opportunity Commission v. Abercrombie & Fitch Stores, Inc.

On June 1, 2015, the United States Supreme Court decided Equal Employment Opportunity Commission v. Abercrombie & Fitch Stores, Inc., No. 14-86, holding that to prevail in a disparate-treatment claim based on religion under...more

6/2/2015 - Abercrombie & Fitch Disparate Treatment EEOC EEOC v Abercrombie Hiring & Firing Job Applicants Religious Accommodation Religious Clothing Religious Discrimination Title VII

Supreme Court Decides Elonis v. United States

On June 1, 2015, the U.S. Supreme Court decided Elonis v. United States, No. 13-983, holding that to support a conviction under a federal statute that makes it a crime to communicate a threat, prosecutors must prove a mental...more

6/2/2015 - Convictions Criminal Prosecution Elonis v US Facebook Negligence SCOTUS Social Networks

Supreme Court Decides Mellouli v. Lynch

On June 1, 2015, the U.S. Supreme Court decided Mellouli v. Lynch, holding that a legal permanent resident may not be deported for a state-law drug conviction unless that conviction necessarily involves a drug covered by the...more

6/2/2015 - Controlled Substances Convictions Deportation Drug Paraphernalia Illegal Drugs Lawful Permanent Residents SCOTUS

Supreme Court Decides Williams-Yulee v. Florida Bar

On April 29, 2015, the U.S. Supreme Court decided Williams-Yulee v. Florida Bar. The Court held that the First Amendment permits States to restrict judicial candidates’ speech by prohibiting them from personally soliciting...more

4/30/2015 - Campaign Contributions First Amendment Judges Political Campaigns SCOTUS

Supreme Court Decides Mach Mining, LLC v. EEOC

On April 29, 2015, the U.S. Supreme Court decided Mach Mining, LLC v. Equal Employment Opportunity Commission. The Court held that the EEOC’s compliance with its statutory obligation to attempt to informally conciliate claims...more

4/30/2015 - Conciliation Discrimination EEOC Judicial Review Mach Mining v EEOC Mining SCOTUS Sex Discrimination Title VII

Supreme Court Decides North Carolina State Board of Dental Examiners v. Federal Trade Commission

On February 25, 2015, the Supreme Court decided North Carolina State Board of Dental Examiners v. Federal Trade Commission, No. 13-534. The Court held that the North Carolina State Board of Dental Examiners was not immune...more

2/26/2015 - Antitrust Litigation NC Board of Dental Examiners v FTC SCOTUS Sherman Act State Action Immunity

Supreme Court Decides Yates v. United States

On February 25, 2015, the U.S. Supreme Court decided Yates v. United States, No. 13-7451, holding that fish are not “tangible objects” within the meaning of 18 U. S. C. §1519, a federal law providing that a person who...more

2/26/2015 - Destruction of Evidence Evidence Fishing Industry Government Investigations SCOTUS US v Yates

Supreme Court Decides Jesinoski v. Countrywide Home Loans, Inc.

On January 13, 2015, the U.S. Supreme Court held that borrowers exercising their right to rescind a loan under the Truth in Lending Act must provide written notice to their lender within the three-year rescission period but...more

1/14/2015 - Bank of America Banks Countrywide Disclosure Requirements Mortgage Lenders Mortgages Notice Requirements Refinancing Rescission SCOTUS Statute of Limitations Truth in Lending Act (TILA) Written Notice

Supreme Court Decides American Broadcasting Cos. v. Aereo, Inc.

On June 25, 2014, the U.S. Supreme Court decided American Broadcasting Cos. v. Aereo, Inc., No. 13-461, holding that Aereo violates the Copyright Act by streaming near-live copyrighted television programming to subscribers...more

6/27/2014 - ABC ABC v Aereo Aereo Broadcasting Cable Television Providers Copyright Copyright Infringement Public Performance Rights SCOTUS The Copyright Act

Supreme Court Decides Riley v. California and United States v. Wurie

On June 25, 2014, the Supreme Court of the United States decided Riley v. California, No. 13-132, and United States v. Wurie, No. 13-212, holding that police must generally obtain a warrant before searching a cell phone...more

6/27/2014 - Cell Phones Fourth Amendment Mobile Devices Police Riley v California SCOTUS Search Warrant Warrantless Searches

Supreme Court Decides Utility Air Regulatory Group v. Environmental Protection Agency

On June 23, 2014, the U.S. Supreme Court decided Utility Air Regulatory Group v. Environmental Protection Agency, No. 12-1146, holding that the U.S. Environmental Protection Agency (EPA) cannot require that a stationary...more

6/24/2014 - Carbon Emissions Clean Air Act Environmental Policies EPA Greenhouse Gas Emissions SCOTUS Utilities Sector Utility Air Regulatory Group v EPA

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