Charles Webber

Charles Webber

Faegre Baker Daniels

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Supreme Court Decides Green v. Brennan

On May 23, 2016, the Supreme Court of the United States decided Green v. Brennan, No. 14-613, holding that a constructive-discharge claim accrues — and the limitations period begins to run — when the employee gives notice of...more

5/24/2016 - Constructive Discharge EEOC Federal Employees Green v Brennan SCOTUS Statute of Limitations Title VII USPS

Supreme Court Decides Foster v. Chatman

On May 23, 2016, the United States Supreme Court decided Foster v. Chatman, No. 14-8349, holding that it was clearly erroneous for a state habeas court to decide that a criminal defendant failed to show purposeful...more

5/24/2016 - Batson claim Criminal Prosecution Death Penalty Foster v Chatman Jurisdiction Jury Selection Peremptory Challenges Race Discrimination Res Judicata SCOTUS Voir Dire Writ of Habeus Corpus

Supreme Court Decides Wittman v. Personhuballah

On May 23, 2016, the U.S. Supreme Court decided Wittman v. Personhuballah, No. 14-1504, holding that Members of Congress from Virginia did not have standing to challenge a district court’s order finding a redistricting plan...more

5/24/2016 - Actual Injuries Federal Elections Gerrymandering Members of Congress Redistricting SCOTUS Standing Wittman v Personhuballah

Supreme Court Decides Torres v. Lynch

On May 19, 2016, the U.S. Supreme Court decided Torres v. Lynch (No. 14-1096), holding that a state criminal offense counts as an “aggravated felony” under § 1101(a)(43) of the Immigration and Nationality Act (INA) when it...more

5/20/2016 - Aggravated Felony Criminal Code Deportation Federal v State Law Application Immigration and Nationality Act Interstate Commerce SCOTUS Torres v Lynch

Supreme Court Decides RST Van Expedited, Inc. v. EEOC

On May 19, 2016, the Supreme Court of the United States decided RST Van Expedited, Inc. v. EEOC, No. 14-1375, holding that a defendant may be a prevailing party—and therefore entitled to an award of attorneys’ fees under...more

5/20/2016 - Attorney's Fees EEOC EEOC v CRST Van Expedited Prevailing Party SCOTUS Sexual Harassment Title VII

Supreme Court Decides Merrill Lynch, Pierce, Fenner & Smith Inc. v. Manning

On May 16, 2016, the Supreme Court of the United States decided Merrill Lynch, Pierce, Fenner & Smith Inc. v. Manning, No. 14-1132, holding that that the “arising under” test for federal-question jurisdiction under 28 U.S.C....more

5/17/2016 - 28 USC 1331 Exclusive Jurisdiction Federal Jurisdiction Financial Institutions Merrill Lynch Merrill Lynch v Manning Regulation SHO SCOTUS Securities Exchange Act

Supreme Court Decides Sheriff v. Gillie

On May 16, 2016, the U.S. Supreme Court decided Sheriff v. Gillie, No. 15-338, holding that special counsel retained by Ohio’s Attorney General to collect debts on the state’s behalf did not violate the Fair Debt Collection...more

5/17/2016 - Attorney Generals Class Action FDCPA SCOTUS Sheriff v. Gillie

Supreme Court Decides Spokeo, Inc. v. Robins

On May 16, 2016, the Supreme Court of the United States decided Spokeo, Inc. v. Robins, No. 13-1339, vacating the decision of the Ninth Circuit and remanding to the Ninth Circuit to consider the “concrete-injury” requirement...more

5/17/2016 - Article III Background Checks Class Action FCRA Injury-in-Fact SCOTUS Spokeo v Robins Standing

Supreme Court Decides Zubik v. Burwell and consolidated cases

Zubik v. Burwell and several consolidated cases challenged a federal regulation requiring employers to cover certain contraceptives as part of their health plans unless they submit a form either to their insurer or to the...more

5/17/2016 - Contraceptive Coverage Mandate Employer Group Health Plans Religious Freedom Religious Freedom Restoration Act SCOTUS Zubik v Burwell

Supreme Court Decides Federal Energy Regulatory Commission v. Electric Power Supply Association and EnerNOC, Inc. v. Electric...

On January 25, 2016, the United States Supreme Court decided Federal Energy Regulatory Commission v. Electric Power Supply Association, No. 14-840, together with EnerNOC, Inc. v. Electric Power Supply Association, No. 14-841,...more

1/26/2016 - Demand Response Federal Jurisdiction Federal Power Act FERC FERC v Electric Power Supply Association SCOTUS

Supreme Court Decides Menominee Indian Tribe of Wisconsin v. United States

On January 25, 2016, the United States Supreme Court decided Menominee Indian Tribe of Wisconsin v. United States, No. 14-510, holding that a litigant is entitled to equitable tolling of a federal statute of limitations only...more

1/26/2016 - Contract Disputes Act Equitable Tolling SCOTUS Statute of Limitations

Supreme Court Decides Campbell-Ewald Co. v. Gomez

On January 20, 2016, the Supreme Court decided Campbell-Ewald Co. v. Gomez, holding that an unaccepted offer to satisfy a named plaintiff’s individual claim does not render a case moot. The Court also held that sovereign...more

1/21/2016 - Campbell Ewald v Gomez Class Action Class Certification Class Representatives Federal Contractors Mootness Rule 68 SCOTUS Settlement Offer Sovereign Immunity TCPA Text Messages

Supreme Court Decides Montanile v. Board of Trustees of the National Elevator Industry Health Benefit Plan

On January 20, 2016, the U.S. Supreme Court decided Montanile v. Board of Trustees of the National Elevator Industry Health Benefit Plan, No. 14-723, holding that where an ERISA-plan participant has dissipated a third-party...more

1/21/2016 - Appropriate Equitable Relief Employee Benefits ERISA Medical Expenses Medical Liens Montanile v Board of Trustees Remand Reversal SCOTUS

Supreme Court Decides Arizona State Legislature v. Arizona Independent Redistricting Commission

On June 29, 2015, the U.S. Supreme Court decided Arizona State Legislature v. Arizona Independent Redistrict Commission, No. 13-1314, holding that a State legislature has standing to challenge a State constitutional amendment...more

6/30/2015 - Arizona State Legislature v. Arizona Independent Redistricting Commission Election Laws Redistricting SCOTUS Voting Rights

Supreme Court Decides Kimble v. Marvel Entertainment, LLC

On June 22, 2015, the U.S. Supreme Court decided Kimble v. Marvel Entertainment, LLC, No. 13-720, declining to overrule Brulotte v. Thys Co., 379 U.S. 29 (1964), and holding that a contract transferring or licensing patent...more

6/23/2015 - Brulotte Contract Term IP License Kimble v Marvel Enterprises Patent Royalties SCOTUS Stare Decisis

Supreme Court Decides Horne v. Department of Agriculture

On June 22, 2015, the Supreme Court decided Horne v. Department of Agriculture, No. 14-275, holding that the Fifth Amendment’s Takings Clause applies to personal property as well as real property, and a requirement that...more

6/23/2015 - Agricultural Marketing Agreement Act of 1937 Crops Fair Market Value Farms Fifth Amendment Horne v USDA Just Compensation Personal Property SCOTUS Takings USDA

Supreme Court Decides Walker v. Texas Division, Sons of Confederate Veterans

On June 18, 2015, the U.S. Supreme Court decided Walker v. Texas Division, Sons of Confederate Veterans, No. 14-144, holding that a State’s specialty vehicle license plates constitute government speech, so a State that allows...more

6/19/2015 - First Amendment Free Speech Government Speech Doctrine SCOTUS Sons of Confederate Veterans Special License Plates Walker v Texas Division

Supreme Court Decides Mata v. Lynch

On June 15, 2015, the United States Supreme Court decided Mata v. Lynch, No. 14-185, holding that federal courts of appeals have jurisdiction to review the Board of Immigration Appeals’ (Board) rejection of an alien’s motion...more

6/16/2015 - Appeals Criminal Prosecution Criminal Records Equitable Tolling Federal Jurisdiction Immigration and Nationality Act Immigration Procedures Jurisdiction SCOTUS Sua Sponte

Supreme Court Decides Baker Botts L.L.P. v. ASARCO LLC

On June 15, 2015, the U.S. Supreme Court decided Baker Botts L.L.P. v. ASARCO LLC, No. 14-103, holding that § 330(a)(1) of the Bankruptcy Code does not permit bankruptcy courts to award fees that § 327(a) professionals incur...more

6/16/2015 - American Rule Attorney's Fees Baker Botts v ASARCO Bankruptcy Code Chapter 11 Commercial Bankruptcy SCOTUS

Supreme Court Decides Bank of America v. Caulkett and Bank of America v. Toledo-Cardona

On June 1, 2015, the United States Supreme Court decided Bank of America v. Caulkett, No. 13-1421, together with Bank of America v. Toledo-Cardona, No. 14-163, holding that a debtor in a Chapter 7 bankruptcy proceeding may...more

6/2/2015 - Bank of America v. Caulkett Bankruptcy Code Chapter 7 Consumer Bankruptcy Junior Lenders Junior Liens Lien Priority Mortgage Lenders Mortgages Popular Property Liens SCOTUS Underwater Homeowners Unsecured Debt

Supreme Court Decides Wellness International Network, Ltd. v. Sharif

On May 26, 2015, the U.S. Supreme Court decided Wellness International Network, Ltd. v. Sharif, (No. 13-935), holding that Article III does not prevent bankruptcy judges from entering final judgment on claims that seek only...more

5/28/2015 - Alter Ego Appeals Article III Bankruptcy Code Judicial Authority Remand Reversal SCOTUS Stern v Marshall Trust Assets Wellness International Network v Sharif

Supreme Court decides Comptroller of the Treasury of Maryland v. Wynne

On May 18, 2015, the U.S. Supreme Court decided Comptroller of the Treasury of Maryland v. Wynne, (No. 13-485), holding that Maryland’s personal-income-tax scheme, which does not give state residents a full credit for income...more

5/19/2015 - Commerce Clause Comptroller of the Treasury v Wynne Income Taxes SCOTUS Tax Assessment

Supreme Court Decides United States v. Wong

On April 22, 2015, the United States Supreme Court decided United States v. Wong, No. 13-1074, together with United States v. June, No. 13-1075, holding that the Federal Tort Claims Act’s time limits are not jurisdictional...more

4/23/2015 - Equitable Tolling Jurisdiction SCOTUS Statute of Limitations Tort Claims Act

Supreme Court Decides Rodriguez v. United States

On April 21, 2015, the U.S. Supreme Court decided Rodriguez v. United States, No. 13-9972, holding that, absent reasonable suspicion, the Fourth Amendment prohibits police from prolonging a traffic stop to conduct a dog...more

4/22/2015 - Fourth Amendment Illegal Drugs Rodriguez v US SCOTUS Traffic Stops Warrantless Searches

Supreme Court Decides Oneok, Inc. v. Learjet, Inc.

On April 21, 2015, the United States Supreme Court decided Oneok, Inc. v. Learjet, Inc., No. 13-271, holding that state-law antitrust suits challenging retail rates for direct sales of natural gas are not field pre-empted by...more

4/22/2015 - Antitrust Litigation Natural Gas Natural Gas Act ONEOK v Learjet Preemption SCOTUS Wholesale

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