Supreme Court of the United States

The United States Supreme Court is the highest court of the United States and is charged with interpreting federal law, including the United States Constitution. The Court's docket is largely discretionary... more +
The United States Supreme Court is the highest court of the United States and is charged with interpreting federal law, including the United States Constitution. The Court's docket is largely discretionary with only a limited number of cases granted review each term.  The Court is comprised of one chief justice and eight associate justices, who are nominated by the President and confirmed by the Senate to hold lifetime positions. less -
News & Analysis as of

November 2014: Appellate Practice Update

Preview of the U.S. Supreme Court’s October 2014 Term. The Supreme Court has begun its October 2014 Term with a docket featuring more constitutional and criminal law cases than business cases, but a few business cases before...more

Will The Courts Stop Deferring To SEC Interpretations?

In 1984, the U.S. Supreme Court announced a foundational principle of administrative law. When a court reviews an agency’s construction of a statute that it administers, the court should...more

Asking about religion accommodations

An employer’s obligation to raise the issue of potential accommodations for religious discrimination under Title VII will soon receive clarification, as the U.S. Supreme Court is set to hear E.E.O.C. v. Abercrombie & Fitch...more

Proposed FRCP Changes: Effect on eDiscovery, RIM & IG (CLE) [Video]

he Supreme Court is expected to approve a proposed set of revisions to the Federal Rules of Civil Procedure (FRCP), which would go into effect by December of 2015. Are you ready for those changes? In this program, Rimon...more

IP News You Need to Know - November 2014

In This Presentation: - USPTO POST-GRANT PROCEEDINGS: LESSONS LEARNED AFTER 2 YEARS - Rationales for Denial of Petition - Rationales for Claims Surviving Final Decision - Considerations for Multi-Forum...more

They Also Serve Who Only Stand and Wait – and Get Paid for It

When the poet John Milton observed that “they also serve who only stand and wait,” it was unlikely that he was thinking about employees who are required to pass through security clearance when leaving the workplace at the end...more

The Supreme Court Hears Oral Argument in Busk: Could Employers Have to Pay for Employee Time Spent Passing Through Security?

On October 8, 2014, the U.S. Supreme Court heard oral argument in Integrity Staffing Solutions, Inc. v. Busk. In Busk, plaintiffs allege that, under the FLSA, their employer should have compensated them and other warehouse...more

The ERISA Litigation Newsletter

Editor's Overview - As it is well known, in Cigna Corp. v. Amara, 131 S. Ct. 1866 (2011), the U.S. Supreme Court identified several forms of appropriate equitable relief that may be available under Section 502(a)(3) of...more

Supreme Court Will Hear Case on ACA Health Insurance Tax Credits

On Nov. 7, 2014, the U.S. Supreme Court announced that it will hear the case of King v. Burwell, one of multiple challenges to the validity of the premium tax credits provided under the Affordable Care Act (ACA) to...more

Wage and Hour Cases to Watch at the Supreme Court: Part 2--Perez v. Mortgage Bankers Association

As we discussed recently, this month marked the opening of the Supreme Court’s new term. For employment law practitioners, this session will be particularly busy with seven cases analyzing a range of employment questions,...more

U.S. Supreme Court Scrutinizes Three Proposed Standards for Determining Section 11 Liability for Statements of Opinion or Belief

On Monday, November 3, 2014, the U.S. Supreme Court held oral argument in Omnicare, Inc. v. Laborers District Council Construction Industry Pension Fund, No. 13-435. As noted in our previous client alert regarding this case,...more

U.S. Supreme Court Clarifies the Limits of Twombly/lqbal

Rejecting the "punctiliously stated 'theory of pleading'" applied by the district court and the Fifth Circuit, the U.S. Supreme Court in Johnson v. City of Shelby, Mississippi, ___ S.Ct. ___, 2014 WL 5798626 (2014), held that...more

The Supreme Court Keeps Its “Stern” Promise Not To Change Bankruptcy Court Jurisdiction

The bankruptcy bench and bar breathed a sigh of relief when the Supreme Court issued Executive Benefits Insurance Agency v. Arkison (In re Bellingham Insurance Agency, Inc.), No. 12-1200 (June 9, 2014) (“Bellingham”). Its...more

Supreme Court will hear King v. Burwell

On November 7, the Supreme Court announced it would hear its second significant legal challenge to the Affordable Care Act (ACA). King v. Burwell, expected to be heard this spring and ruled on by the end of June, is a direct...more

Justice Scalia Places Renewed Focus on Lenity in Hybrid Civil-Criminal Statutes

On November 10, 2014, the Supreme Court denied Douglas Whitman’s petition for a writ of certiorari in Whitman v. United States, No. 14-29; Justice Antonin Scalia, joined by Justice Clarence Thomas, issued a brief statement...more

Supreme Court Asked to Allow Immediate Judicial Review of Clean Water Act Jurisdictional Determinations

A landfill developer has asked the Supreme Court to review a decision of the Fifth Circuit holding that a jurisdictional determination by the U.S. Army Corps of Engineers is not final agency action subject to judicial review....more

The Ninth Circuit Provides Employers With An Assist In Dismissing FLSA Actions

Employers have long known that the Supreme Court’s decisions in Twombly and Iqbal provide them with a powerful weapon in moving to dismiss broadly worded complaints filled with conclusory allegations but little factual...more

Supreme Court to Decide Whether Courts Can Review the Consular Denial of a Visa Based on Marriage to a U.S. Citizen

On October 2, 2014, the Supreme Court of the United States granted certiorari in the case of Kerry v. Din. The case involved a U.S. citizen who claimed that her liberty interest in marriage has been violated by the denial of...more

NLRB Reaffirms Noel Canning Position on Use of Class Waivers in Arbitration Agreements

In its Noel Canning decision earlier this year, the U.S. Supreme Court vacated numerous decisions made by the National Labor Relations Board based on lack of a required quorum. The Court decided that President Obama’s recess...more

IP|Trend: New Era in Protection of Software by Intellectual Property Law? [Video]

It’s been a rough couple of years for software developers seeking patent protection for their software. Decisions by the Supreme Court have limited the amount of patent protection that developers can obtain. Attorneys Seth...more

Supreme Court Told That TTAB Preclusion Raises Constitutional Concerns

As reported in our September 23 Client Alert, the Supreme Court is set to hear argument on December 2 on the issue of whether likelihood of confusion findings by the Trademark Trial and Appeal Board (TTAB) are entitled to...more

Agencies Beware: Supreme Court Leans Toward Air Marshal Whistleblower in Oral Argument

On November 4, 2014, the Supreme Court heard oral arguments in Dep’t of Homeland Security v. MacLean, bringing closer to an end the lengthy dispute between Robert MacLean and his former employer, the Transportation Security...more

U.S. Supreme Court Rules that Failure to Include Section 1983 Claim in Complaint is Not Fatal to Suit Against State Actor

On November 10, 2014, the U.S. Supreme Court entered a per curiam order in Johnson v. City of Shelby, Mississippi, reversing the Fifth Circuit Court of Appeals’ opinion affirming the dismissal of a suit against a Mississippi...more

Supreme Court to Decide Important Administrative Law Issue

On December 1, 2014, the United States Supreme Court will hear oral argument in a case that will have significant implications for federal regulatory agencies like the U.S. Food and Drug Administration (FDA) and the Alcohol...more

Busy Days For Voting Rights Advocates, Thanks to SCOTUS  [Video]

Nov. 14, 2014 (Mimesis Law) -- Erika Wood, Associate Professor and Director for Voting Rights & Civic Participation Project at New York Law School, talks with Lee Pacchia about the recent uptick in litigation surrounding...more

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