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Supreme Court of the United States › Liability

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

Developments in Association Law 2022 – 2024

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The following is a review of notable cases and regulatory developments for nonprofit organizations at the federal and state levels during the last two years....more

Nelson Mullins Riley & Scarborough LLP

Reacting to Tyler v. Hennepin County: Nebraska Supreme Court Imposes Liability on Investors

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On Friday, the Nebraska Supreme Court issued its opinions in Fair v. Continental Resources, No. S-21-074, and Nieveen v. TAX 106, No. S-21-364, following remand from the United States Supreme Court in the wake of Tyler v....more

DRI

Public Employees, Private Social Media Accounts, and the First Amendment: How Much did Lindke v. Freed Decide?

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Few people would call “social media” or “Supreme Court decisions” sources of national unity. That perception makes it ironic that, earlier this year, a case about social media managed to unify the Supreme Court....more

Allen Barron, Inc.

Connelly v Internal Revenue Service

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Connelly v. Internal Revenue Service is a landmark SCOTUS decision that will impact business owners, partners, shareholders, members, and professional practitioners from a business perspective, succession planning, as well as...more

Bradley Arant Boult Cummings LLP

Appeals Court Holds ECOA Liability Extends to Prospective Applicants

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On July 11, 2024, the United States Court of Appeals for the Seventh Circuit issued its highly anticipated decision in Consumer Financial Protection Bureau v. Townstone Financial, Inc., et al. In this pivotal decision, the...more

Rivkin Radler LLP

Insurance Update - July 2024

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It’s not often that the U.S. Supreme Court weighs in on insurance issues. That’s because the McCarran-Ferguson Act gives states the primary authority to regulate the business of insurance. So when the Supreme Court speaks on...more

Rivkin Radler LLP

Funding the Buyout of a Deceased Shareholder With Corporate-Owned Life Insurance – Did the Court Decide Connelly Correctly?

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You may have heard or even read about the U.S. Supreme Court’s recent decision regarding the date of death value of a deceased shareholder’s shares in a closely held corporation that owned a life insurance policy on the...more

Dechert LLP

Dechert Re:Torts - Issue 17

Dechert LLP on

Are Litigation Funders the Truest Parties in Interest? In the April 2023 issue of Re:Torts we covered a dispute that arose in In re Broiler Chicken Antitrust Litigation between third-party litigation funder Burford...more

Oliva Gibbs LLP

Lessons in Chemistry: SCOTUS Declines Review in OPA Case

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The U.S. Supreme Court has declined to hear an appeal addressing whether a mixture of petroleum and chemicals constitutes “oil” under the Oil Pollution Act (OPA). In doing so, the Court has effectively rejected the efforts of...more

Mintz

Supreme Court Narrows the Reach of Omission Liability Claims Under Section 10(b) of the Exchange Act

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Last week, the U.S. Supreme Court, in Macquarie Infrastructure Corporation v. Moab Partners, L.P., held that omissions of supposedly material information allegedly required to be disclosed under Item 303 of SEC Regulation S-K...more

Best Best & Krieger LLP

When Can a Government Official Limit Comments or Block Users on Social Media?

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In Lindke v. Freed, the U.S. Supreme Court found that a civil rights violation might have occurred when the City Manager of Port Huron, Michigan deleted and blocked comments on his personal Facebook page. This depended on...more

Snell & Wilmer

Jack Daniels’ Limitation of the Rogers Shield Prompts the Ninth Circuit to Reverse Itself

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In the wake of the Supreme Court’s decision in Jack Daniels Properties Inc. v. VIP Products LLC, 599 U.S. 140 (2023), the Ninth Circuit reversed its earlier decision affirming that a publication called Punchbowl News did not...more

Hinshaw & Culbertson - Insights for Insurers

Two Cases Directly Impacting Insurers are Currently Pending Before the United States Supreme Court

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Rulings by the United States Supreme Court profoundly impact insurers as businesses and corporate citizens. Additionally, decisions from the U.S. Supreme Court can also influence claims and policyholders' liabilities for...more

Bradley Arant Boult Cummings LLP

U.S. Supreme Court to Review Scope of Sovereign Immunity Defense to FCRA Lawsuits

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Yesterday, the U.S. Supreme Court agreed to decide a case that raises the issue of whether the United States government may be held liable as a data furnisher under the Fair Credit Reporting Act (FCRA) despite its invocation...more

White & Case LLP

Supreme Court Declines to Reconsider Foundational Principles of Internet Platform Liability

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On May 18, 2023, in Twitter, Inc. v. Taamneh, the Supreme Court issued a unanimous opinion declining to impose secondary liability on tech companies for allegedly failing to prevent ISIS from using their platforms for...more

Akerman LLP - Marks, Works & Secrets

SCOTUS: Social Media Companies Not Liable For Aiding And Abetting ISIS

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In Twitter, Inc. v. Taamneh, the Supreme Court unanimously held that social media companies are not liable for aiding and abetting the Islamic State of Iraq and Syria (ISIS) in its terrorist acts that victims claimed resulted...more

Proskauer - Labor Relations Update

Supreme Court Decision Cements Employers’ Ability to Sue for Strike Destruction

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In an 8-1 decision announced Thursday in Glacier Northwest, Inc. v. Int’l Bhd. of Teamsters Local Union No. 174, U.S., No. 21-1449, 6/1/23, the Supreme Court ruled that an employer’s tort claims alleging that a union...more

The Volkov Law Group

Supreme Court Cuts Back Wire Fraud Prosecutions

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In a pair of criminal cases , the U.S. Supreme Court delivered a one-two punch to the Justice Department’s prosecution of corruption cases based on violations of the criminal wire fraud statute.  In Ciminelli v. U.S., and...more

Zuckerman Spaeder LLP

Trump v. Carroll, Part III: The D.C. Court of Appeals Appropriately Clarifies D.C. Scope-of-Employment Law, But It Won’t Make...

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On April 13, 2023, the en banc District of Columbia Court of Appeals issued its decision in response to a certified question from the Second Circuit. Rather than weighing in directly on whether former President Trump’s...more

PilieroMazza PLLC

2022 FCA Year in Review and Emerging Trends for 2023

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The Department of Justice (DOJ) recovered approximately $2 billion in settlements and judgments from civil cases involving fraud and the False Claims Act (FCA) in Fiscal Year 2022, a sharp decline from 2021 and the lowest...more

Proskauer Rose LLP

The Potential Antitrust Impact Of High Court Section 230 Case

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Section 230 of the Communications Decency Act was originally thought of as "force for securing decency on the Internet," as the late Judge Robert A. Katzmann of the U.S. Court of Appeals for the Second Circuit explained in a...more

DirectEmployers Association

OFCCP Week In Review: February 2023 #4

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Friday, February 17, 2023: In the Ongoing Push to Make More Companies Liable for Worker Employment Claims, California Again Seeks to Set the Pace - The great seal of the State of CaliforniaAs more and more federal and...more

White and Williams LLP

High Court Holds Imputed Liability for Fraud is Non Dischargeable Under Bankruptcy Code Section 523

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On February 22, 2023, the United States Supreme Court (the “Court”) held that an individual chapter 7 debtor could not discharge a state court judgment arising from the fraudulent acts of her business partner even though the...more

Clark Hill PLC

United States To Address Important Standard Under False Claims Act

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Recently, the United States Supreme Court granted certiorari to two False Claims Act (“FCA”) cases to determine whether a defendant who acted with an “objectively reasonable” interpretation of the law can still be liable for...more

King & Spalding

Supreme Court to Determine Whether False Claims Act Requires Objective Scienter Standard

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Last week, the Supreme Court granted review to clarify the scienter requirement in False Claim Act (31 U.S.C. §§ 3729 et seq.) (FCA) cases. This significant decision will affect the scope of FCA liability by addressing what...more

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