Jeffrey Justman

Jeffrey Justman

Faegre Baker Daniels

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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 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 Sturgeon v. Frost

On March 22, 2016, the Supreme Court of the United States decided Sturgeon v. Frost, No. 14-1209, vacating a decision of the Ninth Circuit and leaving open the possibility that Section 103(c) of the Alaska National Interest...more

3/23/2016 - Administrative Authority ANILCA Declaratory Relief Injunctive Relief Land Preservation National Park Service Preemption SCOTUS State Sovereignty Sturgeon v Frost Vacated

Supreme Court Decides Americold Realty Trust v. Conagra Foods, Inc.

On March 7, 2016, the Supreme Court of the United States decided Americold Realty Trust v. Conagra Foods, Inc., No. 14-1382, holding that, for purposes of diversity jurisdiction, a “real estate investment trust” established...more

3/8/2016 - Americold Realty Trust v Conagra Foods Citizenship Diversity Jurisdiction Real Estate Investments REIT SCOTUS Shareholders Trusts

Minnesota Court of Appeals Articulates Test for Direct Shareholder Claims in In re Medtronic, Inc. Shareholder Litigation

On January 25, 2016, the Minnesota Court of Appeals decided In re Medtronic, Inc. Shareholder Litigation, holding that a shareholder’s claim is properly characterized as a direct claim, not a derivative claim, even where all...more

1/28/2016 - Dilution Fiduciary Duty Inversion Medtronic Merger Agreements Shareholder Litigation

Wyndham Ruling Reinforces FTC's Role in Cybersecurity Regulation

In Federal Trade Commission v. Wyndham Worldwide Corporation, the United States Court of Appeals for the Third Circuit held that the Federal Trade Commission (FTC) has authority to regulate cybersecurity under 15 U.S.C. §...more

12/3/2015 - Cybersecurity Data Breach FTC v Wyndham Hospitality Industry Personally Identifiable Information Unfair or Deceptive Trade Practices

D.C. Circuit Reaffirms That Portions of Dodd-Frank Conflict Minerals Rules Violate First Amendment

On August 18, 2015, the United States Court of Appeals for the District of Columbia Circuit reaffirmed its ruling in National Association of Manufacturers v. Securities and Exchange Commission that portions of the SEC’s...more

8/20/2015 - Compelled Speech Conflict Mineral Rules Country of Origin Democratic Republic of Congo Dodd-Frank First Amendment Form SD Minerals Popular Product Labels Publicly-Traded Companies SEC

Seventh Circuit Concludes Plaintiffs Have Standing to Sue in Data Breach Class Action

On July 20, 2015, the U.S. Court of Appeals for the Seventh Circuit held in Remijas v. Neiman Marcus Group that injuries associated with resolving fraudulent charges and protecting oneself against future identity theft after...more

7/24/2015 - Article III Breach of Contract Class Action Data Breach Federal Rule 12(b)(6) Hackers Identity Theft Invasion of Privacy Negligence Neiman Marcus Unfair or Deceptive Trade Practices

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 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 Harris v. Quinn

On June 30, 2014, the U.S. Supreme Court decided Harris v. Quinn, No. 11-681, holding that the First Amendment does not permit a state to compel public employees to subsidize speech on matters of public concern by a union...more

7/1/2014 - Collective Bargaining First Amendment Harris v Quinn Healthcare Medicaid Public Employees Right to Work SCOTUS Union Dues Unions

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

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