Supreme Court of the United States Jurisdiction

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 -
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The Class Action Chronicle - Spring 2016

This is the 11th edition of The Class Action Chronicle, a quarterly publication that provides an analysis of recent class action trends, along with a summary of class certification and Class Action Fairness Act rulings issued...more

Supreme Court Rejects Maryland Power Plant Subsidies, But Signals Permissible Ways for States to Incentivize New Plants

In recent years, Maryland attempted to subsidize new power plants by guaranteeing prices for generating capacity at wholesale auctions administered by PJM Interconnection L.L.C. (PJM). Tuesday, the Supreme Court unanimously...more

The Supreme Court - April 2016 #3

The Supreme Court of the United States issued decisions in two cases on April 19, 2016: Hughes v. Talen Energy Marketing, LLC, No. 14-614: Congress, though the Federal Power Act (“FPA”), 16 U.S.C. §791a et seq., vested...more

The Supreme Court - April 2016

The Supreme Court of the United States issued decisions in two cases on April 4, 2016: - Evenwel v. Abbott, No. 14-940: In this legislative redistricting case, certain voters brought a challenge to the redistricting in...more

Will Supreme Court Hear A Challenge to SEC Venue Decisions?

The SEC continues to prevail in actions brought challenging its venue selections. On March 28, 2016, the Supreme Court denied a request for a writ of certiorari in Bebo v. SEC, 799 F. 3d 765 (7th Cir. 2015). Ms. Bebo’s case...more

The Netherlands Returns as a Collective-Settlement Forum

Ageas (the former Fortis) and several organizations representing Fortis shareholders announced yesterday a EUR 1.204 billion settlement of shareholder claims under the Dutch Act on Collective Settlement of Mass Claims (the...more

Same-Sex Parent Claims Victory Over Alabama in Custody Battle

Freshly back to work from maternity leave, it warmed my new-mommy/divorce-lawyer heart to see this week’s U.S. Supreme Court decision affirming a loving mother’s right to share in the ongoing care and custody of children she...more

Supreme Court Decides V.L. v. E.L.

On March 7, 2016, the Supreme Court decided V.L. v. E.L., No. 15-648, holding that the Full Faith and Credit Clause of the United States Constitution requires Alabama courts to grant full faith and credit to an adoption...more

U.S. Supreme Court to Alabama: Full Faith and Credit Must Be Given to Out-of-State Adoption

In a unanimous, per curiam opinion in V.L. v. E.L., the U.S. Supreme Court has reversed the Supreme Court of Alabama’s refusal to enforce a Georgia adoption order. V.L. and E.L., two women, were involved in a 25-year...more

The CAFC Rules That It Lacks Jurisdiction To Review PTAB’s Denial Of Institution On “Redundant” Grounds

The Federal Circuit’s Harmonic Inc. v. Avid Tech decision last week is the latest in a string of decisions from the CAFC ruling that it lacks jurisdiction to review various aspects of PTAB institution decisions. In this...more

Business Litigation Report - February 2016

Inter Partes Review Victory for Celgene - Quinn Emanuel recently won an inter partes review (“IPR”) of a patent covering the active ingredient in firm client Celgene Corporation’s (“Celgene”) blockbuster cancer therapy,...more

Product Liability Update: January 2016

Supreme Court Holds Defendant Cannot Moot Putative Class Action by Making Unaccepted Offer of Judgment for Complete Relief to Representative Plaintiff - In Campbell-Ewald Co. v. Gomez, No. 14-857, 2016 U.S. LEXIS 846 (S....more

US Supreme Court Holds FERC Has Jurisdiction Over Demand Response

Decision brings more clarity to jurisdictional boundaries between state public utility regulatory commissions and FERC set forth by the Federal Power Act. On January 25, the US Supreme Court, in a 6-2 decision, ruled in...more

Supreme Court Upholds FERC's Jurisdiction Over Wholesale Demand Response Programs

On January 25, 2016, the United States Supreme Court upheld the Federal Energy Regulatory Commission’s (FERC) jurisdiction over wholesale demand response programs in a 6-2 decision.  Please click here to read the decision,...more

U.S. Supreme Court Upholds FERC Demand Response Rule in Energy Story of the Year

In the biggest consumer energy story of the day, and perhaps the decade, the U.S. Supreme Court today upheld FERC’s jurisdictional authority in FERC Order 745. Read the Decision here (PDF). The so called Demand Response Rule...more

The Safest Supreme Court Bet in Years

Each December 31, my good friends from the neighborhood and I gather to ring in the New Year. To help this not-so-hard-partying group actually stay up late enough to see the Times Square ball drop, about 15 years ago we...more

Defining the Scope of Waters of the United States: Supreme Court to Decide Whether Federal Courts Will Be Able to Review Clean...

For 30 years developers, agencies and courts have struggled over defining the purview of Clean Water Act jurisdiction (“CWA” or the “Act”). However, three U.S. Supreme Court rulings and a revised federal rule attempting to...more

Supreme Court Will Determine Whether Corps Jurisdictional Determination Can Be Appealed

Can you appeal a U.S. Army Corps of Engineers’ jurisdictional determination (“JD”) that a water feature constitutes waters of the United States? The Administrative Procedures Act allows such an appeal if it is determined that...more

Supreme Court to Resolve Split on Court Review of Clean Water Act Jurisdictional Determinations

The U.S. Supreme Court decided last week to review a ruling from the U.S. Court of Appeals for the Eighth Circuit that jurisdictional determinations under the Clean Water Act are final agency actions subject to judicial...more

ANDA Update - October 2015

Federal Circuit Interprets Statutory Requirements for Biosimilar Regulatory Pathway - Amgen Inc., v. Sandoz Inc., (Fed. Cir. July 21, 2015): In a case of first impression, the U.S. Court of Appeals for the Federal...more

Supreme Court Argument on Demand Response Marked by Ideological Divisions

On Wednesday, October 14, 2015, the parties to the U.S. Supreme Court case FERC v. EPSA made their arguments before the justices. This case involves the validity of the Federal Energy Regulatory Commission’s (FERC or...more

Nationwide Stay of EPA/Army Corps "Waters of the U.S." Rule Issued By Sixth Circuit Court of Appeals

The Sixth Circuit Court of Appeals today issued a nationwide temporary stay of the Clean Water Rule, which was jointly adopted earlier this year by the U.S. Environmental Protection Agency and the U.S. Army Corps of Engineers...more

The Sixth Circuit Stays the Waters of the United States Rule: Just a Plain Vanilla Preliminary Injunction — Not!

On October 9, 2015, the Sixth Circuit Court of Appeals issued a nationwide stay against implementation of the “Waters of the United States” rule. The case is so weird, in so many ways, that I don’t even think I can count...more

The Class Actions Global Guide, US

WHAT IS THE DEFINITION OF CLASS/COLLECTIVE ACTIONS IN YOUR JURISDICTION? ARE THEY POPULAR AND WHAT ARE THE CURRENT TRENDS? Definition of class/collective actions - In the US, a class action is a form of...more

First Circuit Holds an Unaccepted Rule 68 Offer Made Prior to Class Certification Won’t Moot Plaintiff’s Claims. Will Supreme...

The First Circuit recently joined the Second, Fifth, Seventh, Ninth, and Eleventh Circuits in holding that a Rule 68 offer made prior to class certification and rejected by plaintiff does not moot the plaintiff’s claim. The...more

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