On June 6, 2024, the Supreme Court of the United States decided Connelly v. United States, No. 23-146, holding that a corporation’s contractual obligation to redeem shares is not necessarily a liability that reduces a...more
On June 29, 2023, the Supreme Court of the United States decided Groff v. DeJoy, No. 22-174, holding that Title VII requires an employer that denies a religious accommodation to show that the burden of granting an...more
On June 27, 2023, the Supreme Court of the United States decided Moore v. Harper, No. 21–1271, holding that the Elections Clause of the United States Constitution does not preclude state courts from reviewing state...more
On May 25, 2023, the Supreme Court of the United States decided Sackett v. EPA, No. 21-454, holding that the Clean Water Act (CWA) extends only to wetlands that are as a practical matter indistinguishable from “waters of the...more
On May 11, 2023, the Supreme Court of the United States issued a decision in National Pork Producers, et al. v. Ross, et al., No. 21-468, holding that a California law forbidding in-state sale of pork produced from animals...more
On September 30, 2021, the U.S. District Court for the District of Connecticut dismissed an ERISA stock-drop lawsuit brought against alleged fiduciaries of Aetna, Inc.’s (Aetna’s) employee stock ownership plan (ESOP), holding...more
On August 23, 2021, the U.S. District Court for the Northern District of Illinois dismissed an ERISA stock-drop lawsuit brought against fiduciaries of Kraft Heinz Food Company’s employee stock ownership plan (ESOP), holding...more
On May 20, 2021, a federal judge in the U.S. District Court for the District of Minnesota dismissed breach of fiduciary duty claims against UnitedHealth Group, holding that participants in ERISA-governed, employer-sponsored...more
On May 27, 2021, the Supreme Court of the United States decided City of San Antonio, Texas v. Hotels.com, L.P., No. 20-334, holding that the federal courts of appeals have the discretion to apportion all the appellate costs...more
6/1/2021
/ Appellate Rules ,
City of San Antonio Texas v Hotels.com ,
Federal Rules of Appellate Procedure ,
Hospitality Industry ,
Hotels ,
Hotels.com ,
Litigation Fees & Costs ,
Online Travel Vendors ,
Prevailing Party ,
SCOTUS ,
Supersedeas Bond
On March 4, 2021, the U.S. Supreme Court decided United States Fish and Wildlife Service et al. v. Sierra Club, Inc., holding that the deliberative process privilege exemption in the Freedom of Information Act (FOIA) protects...more
In Holbein v. TAW Enterprises, Inc., --- F.3d ---, No. 18-2892, 2020 WL 7755451 (8th Cir. Dec. 30, 2020) (en banc), the Eighth Circuit, sitting en banc, overruled its prior cases dealing with a specific application of the...more
On December 10, 2020, the Supreme Court of the United States decided United States v. Briggs and United States v. Collins, holding that three rape prosecutions under the pre-2006 Uniform Code of Military Justice (UCMJ) were...more
Ever since the Supreme Court’s decision in Fifth Third Bancorp v. Dudenhoeffer, 573 U.S. 409 (2014), plaintiffs’ attorneys have been trying to crack the code for pleading an ERISA duty-of-prudence claim against fiduciaries of...more
On June 1, 2020, the U.S. Supreme Court decided GE Energy Power Conversion France SAS v. Outokumpu Stainless USA, LLC, holding that the Convention on the Recognition and Enforcement of Foreign Arbitral Awards (the Convention)...more
6/2/2020
/ Arbitration Agreements ,
Contract Terms ,
Convention on the Recognition and Enforcement of Foreign Arbitral Awards ,
Enforcement of Foreign Judgments ,
Equitable Estoppel ,
Federal Arbitration Act ,
Foreign Arbitral Awards ,
GE Energy Power Conversion France SAS v. Outokumpu Stainless USA LLC ,
Motion to Compel ,
Non-Signatories ,
SCOTUS ,
State Law Claims ,
Subcontractors
On April 6, 2020, the Supreme Court filed a per curiam order in a case related to Wisconsin’s spring elections scheduled for the following day, April 7, 2020. In that order, the Court granted a stay requested by the...more
4/9/2020
/ Absentee Voting ,
Appeals ,
Coronavirus/COVID-19 ,
Dissenting Opinions ,
Motion To Stay ,
Order to Stay ,
Preliminary Injunctions ,
Primary Elections ,
Relief Measures ,
Republican National Committee v Democratic National Committee ,
SCOTUS
On June 17, 2019, the Supreme Court of the United States decided Virginia House of Delegates v. Bethune-Hill, No. 18-281, holding that the Virginia House of Delegates and its speaker lacked standing to appeal an order...more
6/18/2019
/ Appeals ,
Constitutional Challenges ,
Dismissals ,
Equal Protection ,
Fourteenth Amendment ,
Gerrymandering ,
House of Delegates ,
Injury-in-Fact ,
Intervenors ,
Racial Gerrymandering ,
Redistricting ,
SCOTUS ,
Standing ,
State Attorneys General ,
State Legislatures ,
Virginia House of Delegates v Bethune-Hill
On March 4, 2019, the Supreme Court of the United States decided Fourth Estate Public Benefit Corp. v. Wall-Street.com, LLC, No. 17-571, holding that under section 411(a) of the Copyright Act, a party may sue for copyright...more
3/5/2019
/ Appeals ,
Copyright ,
Copyright Exhaustion ,
Copyright Infringement ,
Copyright Registration ,
Damages ,
Fourth Estate Public Benefit Corp v Wall-Street.com LLC ,
Petition for Writ of Certiorari ,
SCOTUS ,
Solicitor General ,
Split of Authority ,
The Copyright Act ,
Uniformity
On January 8, 2019, the Supreme Court decided Henry Schein, Inc., et al. v. Archer & White Sales, Inc., No. 17-1272. The Federal Arbitration Act allows parties to agree by contract that an arbitrator decide threshold...more
1/9/2019
/ Appeals ,
Arbitration ,
Arbitration Agreements ,
Arbitrators ,
Contract Terms ,
Exceptions ,
Federal Arbitration Act ,
Henry Schein Inc v Archer and White Sales Inc ,
Judicial Review ,
Motion to Compel ,
Question of Arbitrability ,
Remand ,
SCOTUS ,
Vacated ,
Wholly Groundless Doctrine
On November 27, 2018, the Supreme Court of the United States decided Weyerhaeuser Company v. U.S. Fish & Wildlife Service, No. 17-71, holding that (1) an area is eligible for designation as a “critical habitat” under the...more
On March 7, 2018, the United States District Court for the District of Minnesota dismissed a putative data breach class action against SuperValu, Inc., because the plaintiffs did not have standing and could not state claims...more
On March 5, 2018, the Supreme Court of the United States decided U.S. Bank, N.A. v. Village at Lakeridge, LLC, No 15-1509, holding that a bankruptcy court’s determination of whether a set of facts demonstrated an arms-length...more
3/6/2018
/ Appellate Review ,
Arms Length Transactions ,
Bankruptcy Code ,
Bankruptcy Court ,
Chapter 11 ,
Clear Error Standard ,
Commercial Bankruptcy ,
Cramdown ,
De Novo Standard of Review ,
Debtor-Creditor ,
Non-Statutory Insider Status ,
Reaffirmation ,
Reorganizations ,
SCOTUS ,
US Bank National Association v Village at Lakeridge
On February 27, 2018, the Supreme Court of the United States decided Patchak v. Zinke, No. 16-498. No opinion commanded a majority of the Court, but six justices concluded that the plaintiff’s lawsuit under the Indian...more
3/1/2018
/ Appeals ,
Article III ,
Casinos ,
Dismissals ,
Governmental Immunity ,
Indian Gaming ,
Indian Reorganization Act ,
Jurisdiction ,
Lack of Authority ,
Land Owners ,
Land Trusts ,
Legislative Process ,
Patchak v Zinke ,
SCOTUS ,
Secretary of the Interior ,
Separation of Powers
On February 27, 2018, the Supreme Court of the United States decided Merit Management Group, LP v. FTI Consulting, Inc., No. 16-784, holding that the only relevant transfer for purposes of the securities safe harbor provision...more
On August 16, 2017, the Minnesota Supreme Court decided In re Medtronic, Inc. Shareholder Litigation, holding that a shareholder’s claim is properly characterized as a direct claim, not a derivative claim, if the shareholder...more
On May 1, 2017, the Supreme Court of the United States decided Bank of America Corp. v. City of Miami, No. 15-1111, holding (1) that a city qualifies as an “aggrieved person” able to bring suit under the Fair Housing Act, but...more