Charles Webber

Charles Webber

Faegre Baker Daniels

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Supreme Court Decides Alabama Legislative Black Caucus v. Alabama

On March 25, 2015, the U.S. Supreme Court decided Alabama Legislative Black Caucus v. Alabama, No. 13-895, holding that: 1) racial gerrymandering claims must be viewed on a district-by-district basis, rather than on a...more

3/26/2015 - Alabama Black Caucus v Alabama Gerrymandering Racial Discrimination SCOTUS Voting Rights Act

Supreme Court Decides Young v. United Parcel Service, Inc.

On March 25, 2015, the U.S. Supreme Court decided Young v. United Parcel Service, Inc., No. 12-1226, holding that a pregnant worker who seeks to show disparate treatment under the Pregnancy Discrimination Act may do so under...more

3/26/2015 - Essential Functions PDA Popular Pregnancy Discrimination Reasonable Accommodation Remand SCOTUS Young v United Parcel Service

Supreme Court Decides Omnicare, Inc. v. Laborers District Council Construction Industry Pension Fund

On March 24, 2015, the U.S. Supreme Court held that a pure statement of opinion in a securities registration statement is not an “untrue statement of a material fact” under Section 11 of the Securities Act of 1933 just...more

3/25/2015 - Issuers Omnicare v Laborers District Council Registration Statement SCOTUS Securities Act of 1933 Statement of Facts Statement of Opinion

Supreme Court Decides B&B Hardware, Inc. v. Hargis Industries, Inc.

On March 24, 2015, the Supreme Court decided B&B Hardware, Inc. v. Hargis Industries, Inc., No. 13-352. The question was whether issue preclusion (collateral estoppel) can apply to decisions of the Trademark Trial and Appeal...more

3/25/2015

Supreme Court Decides T-Mobile South, LLC v. City of Roswell, Georgia

On January 14, 2015, the Supreme Court decided T-Mobile South, LLC v. City of Roswell, Georgia, No. 13-975. The Court held that the Telecommunications Act of 1996, 47 U.S.C. §332(c)(7)(B)(iii), requires a locality to provide...more

1/15/2015 - Cell Towers Municipalities SCOTUS T-Mobile Telecommunications

Supreme Court Decides Dart Cherokee Basin Operating Co., LLC v. Owens

On December 15, 2014, the Supreme Court of the United States decided Dart Cherokee Basin Operating Co., LLC v. Owens, No. 13-719, holding that a notice of removal to federal court under 28 U.S.C. § 1446(a) and the Class...more

12/16/2014 - CAFA Class Action Dart Cherokee Basin Operating Co. v. Owens Diversity Jurisdiction Jurisdiction Oil & Gas Removal Royalties SCOTUS

Supreme Court Decides Integrity Staffing Solutions, Inc. v. Busk

On December 9, 2014, the U.S. Supreme Court decided Integrity Staffing Solutions, Inc. v. Busk, No. 13-433, holding that an employee's time spent waiting to undergo and undergoing security screening before leaving the...more

12/10/2014 - FLSA Integrity Staffing v Busk SCOTUS Security Checks Wage and Hour

Supreme Court Decides Warger v. Shauers

On December 9, 2014, the U.S. Supreme Court decided Warger v. Shauers, No. 13-517, holding that Rule 606(b) of the Federal Rules of Evidence bars a federal court from considering evidence of a juror's comments during...more

12/10/2014 - Evidence Jury Trial New Trial Voir Dire

Supreme Court Decides Burwell v. Hobby Lobby Stores, Inc.

On June 30, 2014, the U.S. Supreme Court decided Burwell v. Hobby Lobby Stores, Inc., No. 13-354, holding that, under the Religious Freedom Restoration Act (RFRA), closely-held for-profit corporations cannot be required by...more

7/1/2014 - Affordable Care Act Burwell v Hobby Lobby Contraceptive Coverage Mandate Contraceptives Hobby Lobby Religious Exemption Religious Freedom Restoration Act SCOTUS

Supreme Court Decides McCullen v. Coakley

On June 26, 2014, the U.S. Supreme Court decided McCullen v. Coakley, No. 12-1168, holding that a Massachusetts law that prohibits standing on a "public way or sidewalk" within 35 feet of a place (other than a hospital) where...more

6/27/2014 - Abortion First Amendment Municipalities Police Power SCOTUS

Supreme Court Decides ESOP Fiduciary Duty Case: Fifth Third Bancorp et al. v. Dudenhoeffer et al.

On June 25, 2014, the U.S. Supreme Court decided Fifth Third Bancorp et al. v. Dudenhoeffer et al., No. 12-751, holding that a fiduciary of an employee stock ownership plan (ESOP) is subject to the same duty of prudence that...more

6/27/2014 - Employee Benefits ERISA Fiduciary Duty FIfth Third Bancorp v Dudenhoeffer SCOTUS U.S. Bancorp

Supreme Court Decides NLRB v. Noel Canning

On June 26, 2014, the U.S. Supreme Court decided National Labor Relations Board v. Noel Canning, No. 12-1281, holding that the President of the United States lacked authority to appoint three members of the National Labor...more

6/27/2014 - Barack Obama Canning v NLRB NLRB Recess Appointments SCOTUS

Supreme Court Decides Halliburton Co. et al. v. Erica P. John Fund, Inc.

On June 23, 2014, the U.S. Supreme Court decided Halliburton Co. et al. v. Erica P. John Fund, Inc., holding that plaintiffs in securities fraud class action cases may continue to invoke Basic Inc. v. Levinson's rebuttable...more

6/24/2014 - Basic v Levinson Class Action Fraud Fraud-on-the-Market Halliburton Halliburton v Erica P. John Fund SCOTUS

Supreme Court Decides United States v. Clarke

On June 19, 2014, the United States Supreme Court held that a taxpayer has the right to examine Internal Revenue Service (IRS) officials regarding their reasons for issuing a summons only if the taxpayer points to facts or...more

6/20/2014 - Bad Faith Corporate Taxes Enforcement Enforcement Actions IRS Partnerships SCOTUS Summons US v Clarke

Supreme Court Decides Lane v. Franks

On June 19, 2014, the United States Supreme Court decided Lane v. Franks, No. 13-483, holding that a public employee's sworn testimony is entitled to First Amendment protection when it is given outside the scope of ordinary...more

6/20/2014 - First Amendment Lane v Franks et.al Protected Activity SCOTUS Subpoenas Testimony Trials

Supreme Court Decides Alice Corp. v. CLS Bank International

On June 19, 2014, the U.S. Supreme Court decided Alice Corp. v. CLS Bank International, No. 13-298, ruling that patent claims covering methods and systems designed to intermediate the exchange of financial obligations using a...more

6/20/2014 - Alice Corporation CLS Bank CLS Bank v Alice Corp Mayo v. Prometheus Patent Litigation Patent-Eligible Subject Matter Patents Risk Mitigation SCOTUS Software

Supreme Court Decides Republic of Argentina v. NML Capital, Ltd.

On June 16, 2014, the United States Supreme Court held that the Foreign Sovereign Immunities Act (FSIA) does not prevent a judgment creditor from conducting postjudgment discovery into a foreign sovereign's assets outside the...more

6/19/2014 - Debt Restructuring Discovery Foreign Official FSIA Immunity Injunctions Jurisdiction NML v Argentina Pari Passu SCOTUS Sovereign Immunity

Supreme Court Decides Retirement-Fund Bankruptcy Exemption Case: Clark v. Rameker

On June 12, 2014, the United States Supreme Court decided Clark v. Rameker, No. 13-299, holding that funds in an individual retirement account (IRA) that a bankruptcy debtor obtained through inheritance are not "retirement...more

6/13/2014 - Bankruptcy Code Clark v. Rameker Consumer Bankruptcy Estate Planning Exemptions Inheritance IRA SCOTUS

Supreme Court Decides CTS Corp. v. Waldburger

On June 9, 2014, the United States Supreme Court decided CTS Corp. v. Waldburger, No. 13-339, holding that the Comprehensive Environmental Response, Compensation, and Liability Act of 1980 (CERCLA) does not preempt state...more

6/10/2014 - CERCLA Contaminated Properties CTS v Waldburger Environmental Liability Environmental Policies Hazardous Substances SCOTUS Statute of Limitations Statute of Repose Water

Supreme Court Decides Executive Benefits Insurance Agency v. Arkison

In Executive Benefits Ins. Agency v. Arkison, No. 12-1200, the Supreme Court ruled that when Article III does not permit a bankruptcy court to enter final judgment on a core bankruptcy claim, the bankruptcy court may issue...more

6/10/2014 - Article III Chapter 7 Commercial Bankruptcy EBIA v Arkison Executive Benefits Insurance Agency Fraudulent Conveyance SCOTUS Stern v Marshall Tortious Interference

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