Judicial Review Supreme Court of the United States

News & Analysis as of

Versata Development Group, Inc. v. SAP America, Inc. (Fed. Cir. 2015)

Section 18 of the Leahy-Smith America Invents Act (AIA) established a transitional program through which the USPTO conducts post-grant reviews of covered business method (CBM) patents. For the most part, § 18 incorporates...more

Supreme Court Invalidates Los Angeles Law Authorizing Warrantless Searches of Hotel Records

In City of Los Angeles v. Patel, the Supreme Court invalidated a Los Angeles law that allowed law enforcement officials to inspect hotel and motel guest registries at any time, without a warrant or administrative subpoena....more

City of Los Angeles v. Patel — US Supreme Court voids LA ordinance requiring hotel operators to turn over guest records on demand

US Supreme Court voids Los Angeles ordinance requiring hotel operators to turn over guest records on demand. In a 5-4 opinion rendered on June 22, 2015, the United States Supreme Court held that a Los Angeles municipal...more

Supreme Court Strikes Down Warrantless Searches of Hotel Guest Registries

Hotels possess a treasure trove of private information about their guests. Everything from the guest’s name, address, credit card and vehicle information to the number of guests in the party, arrival and departure dates and...more

Supreme Court Update: Horne V. Dep't Of Agriculture (14-275), Kimble V. Marvel Entertainment (13-720), Patel V. City Of Los...

Raisins, radioactive wrists, Red Roof registries, and reformatory roughhousing were all on the Court's radar Monday (it's a very broad radar horizon), as it issued decisions in Horne v. Dep't of Agriculture (14-275), holding...more

Hotels Need Not Provide Guest Registry to Law Enforcement

U.S. Supreme Court Strikes Down Los Angeles City Ordinance Requiring Hotel Operators to Provide Guest Register Records to Police Officers on Demand - Like a host of municipalities, the City of Los Angeles has an...more

Supreme Court Strikes Down Law That Required Hotels To Comply With Warrantless Police Requests For Guest Registries

On June 22, 2015, in a 5-4 ruling, the U.S. Supreme Court in City of Los Angeles v. Patel struck down a Los Angeles Municipal Code that required hotel operators to provide guest registries to police upon demand, and without a...more

Supreme Court declares warrantless searches of hotel registries unconstitutional

A 116-year-old Los Angeles city ordinance that allowed police to make unannounced inspections of hotel guest registries at any time without a warrant or subpoena has been ruled as an unconstitutional violation of privacy by...more

Supreme Court Decides City of Los Angeles v. Patel

On June 22, 2015, the U.S. Supreme Court decided City of Los Angeles v. Patel, No. 13-1175, holding that facial challenges can be brought under the Fourth Amendment and that a municipal ordinance requiring hotel operators to...more

City of Los Angeles vs. Patel Update: U.S. Supreme Court Strikes Down Warrantless Searches of Guest Registries

The U.S. Supreme Court has struck down a law enacted by the City of Los Angeles requiring hotel owners to comply with warrantless inspections of their guest registries upon demand by law enforcement officers. The High Court,...more

The Supreme Court Holds the EEOC’s Feet to the Fire, but Not That Closely: The Court in Mach Mining Affirms the EEOC’s Obligation...

Title VII of the Civil Rights Act of 1964, 42 U.S.C. §2000e, et seq., requires that the Equal Employment Opportunity Commission (“EEOC”) engage in informal conciliation efforts after it finds reasonable cause to support a...more

Supreme Court Rules EEOC Conciliation Efforts are Subject to Limited Judicial Review

In Mach Mining, LLC v. EEOC, decided April 29, 2015, the United States Supreme Court unanimously held that federal courts have the authority to review whether the EEOC satisfied its statutory obligation to engage in...more

Courts can review EEOC’s pre-litigation conciliation efforts: 6 steps for employers

The United States Supreme Court has unanimously held in Mach Mining, LLC v. EEOC that courts can review conciliation efforts by the Equal Employment Opportunity Commission (EEOC) before the agency sues an employer. ...more

Supreme Court Concludes EEOC Conciliation Efforts Subject to Judicial Review

Before filing a discrimination claim in federal court under Title VII of the Civil Rights Act of 1964 (Title VII), the U.S. Equal Employment Opportunity Commission (EEOC) is statutorily required to engage in potential...more

Supreme Court Gives Conciliatory Nod to the EEOC’s Duty of Conciliation

In a unanimous decision issued on April 29, 2015, the United States Supreme Court has unequivocally allowed judicial review of the Equal Employment Opportunity Commission’s (EEOC)’s pre-litigation conciliation efforts, but...more

The EEOC’s Minimal Conciliation Obligations

The U.S. Supreme Court recently ruled that before bringing a discrimination lawsuit, the EEOC must first attempt to conciliate the matter with the employer; however, to comply with that obligation, the EEOC need only inform...more

SCOTUS: EEOC Must Attempt Conciliation Before Filing Suit

On April 29, 2015, in Mach Mining, LLC v. EEOC, the U.S. Supreme Court held that courts have authority to review whether the EEOC fulfilled its obligation under Title VII to attempt conciliation before filing suit....more

Federal Courts Now Have the Authority to Review Whether the EEOC has Satisfied its Duty to Attempt Presuit Conciliation

Under Title VII of the Civil Rights Act of 1964 (“Title VII”), the Equal Employment Opportunity Commission (“EEOC”) is obligated to investigate charges of discrimination and retaliation in the workplace filed by a “person...more

Supreme Court Update: Williams-Yulee V. Florida Bar (13-1499), Mach Mining, LLC V. EEOC (13-1019) And Bullard V. Blue Hills Bank...

We're back with several recent decisions: Williams-Yulee v. Florida Bar (13-1499), upholding a prohibition on the personal solicitation of campaign donations by judicial candidates; Mach Mining, LLC v. EEOC (13-1019),...more

The Supreme Court Decides Mach Mining LLC vs. EEOC: A “Win” For Employers?

Last week, in Mach Mining, LLC v. EEOC, the Supreme Court unanimously ruled that Title VII authorizes judicial review of the EEOC’s efforts to satisfy its statutory duty to conciliate before filing suit against an employer. ...more

SCOTUS Benchslaps The EEOC – An Analysis Of The Mach Mining v. EEOC Decision

The U.S. Supreme Court recently ruled on Mach Mining v. EEOC, No. 13-1019. To recap, this case was initially brought by the EEOC, in which it claimed that Mach Mining had a pattern or practice of not hiring women for...more

EEOC Required to "Conciliate"—However It Sees Fit—Before Suing Employers

In a limited victory for employers, the Supreme Court held last week in Mach Mining, LLC v. EEOC that courts have jurisdiction to review whether the Equal Employment Opportunity Commission ("EEOC") fulfilled its statutory...more

EEOC Has a Limited Duty to Conciliate, Supreme Court Rules

Before filing suit against an employer, the Equal Employment Opportunity Commission has a duty to notify the employer of the claim and give the employer an opportunity to discuss the matter. But the EEOC has no duty to engage...more

Supreme Court’s Decision in Mach Mining Impacts Employers’ Approach to Conciliation with the EEOC

In a case that has implications for every employer and respondent on each charge in which the Equal Employment Opportunity Commission (“EEOC”) finds reasonable cause to support the allegations, the U.S. Supreme Court...more

Supreme Court Calls Out the EEOC for Arguing It Alone Can Determine Whether It Followed the Law

We suggested last year that if you felt paranoid that the federal agencies seemed out to get employers, perhaps it was not paranoia at all. The Equal Employment Opportunity Commission’s (EEOC) spate of recent lawsuits — or at...more

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