News & Analysis as of

Supreme Court of the United States › 28 USC 1331

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 -
Pillsbury Winthrop Shaw Pittman LLP

U.S. Supreme Court Makes It Harder to Remove Some Securities Cases to Federal Court

Pillsbury Winthrop Shaw Pittman LLP on

In Merrill Lynch, Pierce, Fenner & Smith Inc. v. Manning, the U.S. Supreme Court held that mere references to Securities Exchange Act of 1934 violations in a state law claim filed in state court are not sufficient grounds for...more

Alston & Bird

Supreme Court Interprets Jurisdictional Provision of the Federal Securities Laws

Alston & Bird on

On May 16, 2016, the Supreme Court issued its opinion in Merrill Lynch, Pierce, Fenner & Smith, Inc. v. Manning, in which the Court resolved a Circuit split concerning the jurisdictional provision of the Securities Exchange...more

Goodwin

Supreme Court Clarifies When State Law Claims Are Removable Under the Securities Exchange Act of 1934

Goodwin on

On May 16, 2016, the U.S. Supreme Court issued its decision in Merrill Lynch, Pierce, Fenner & Smith Inc. v. Manning, 578 U.S. __ (May 16, 2016), which resolved a longstanding circuit split as to the scope of exclusive...more

Dorsey & Whitney LLP

The Supreme Court - May 2016 #2

Dorsey & Whitney LLP on

The Supreme Court of the United States issued decisions in six cases today: Spokeo, Inc. v. Robins, No. 13-1339: The Fair Credit Reporting Act of 1970 (“FCRA”) imposes a number of requirements regarding the creation and...more

Burr & Forman

Supreme Court: Exchange Act Jurisdiction = “Arising Under”

Burr & Forman on

The Supreme Court held May 16 that the exclusive federal jurisdiction provision of the 1934 Securities Exchange Act means the same as the “arising under” test for federal-question jurisdiction and does not pre-empt state law...more

Proskauer - Corporate Defense and Disputes

Supreme Court’s Manning Decision Leaves Questions Unanswered

Proskauer - Corporate Defense and Disputes on

The U.S. Supreme Court’s decision on May 16, 2016 in Merrill Lynch v. Manning clarified the scope of federal jurisdiction under the Exchange Act in certain important respects, but also left open critical issues that may arise...more

Faegre Drinker Biddle & Reath LLP

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

Faegre Drinker Biddle & Reath LLP on

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

Proskauer Rose LLP

Supreme Court Clarifies Jurisdiction Under Securities Exchange Act

Proskauer Rose LLP on

On May 16, 2016, the U.S. Supreme Court ruled that the provision of the Securities Exchange Act of 1934 granting federal district courts exclusive jurisdiction over suits brought to enforce the Exchange Act is subject to the...more

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