News & Analysis as of September 21, 2024

Supreme Court of the United States › State Law Claims

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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 -

Connecticut Appellate Court Says Constructive Discharge Limitations Period Runs From Last Act of Discrimination, Not Resignation

Ogletree, Deakins, Nash, Smoak & Stewart,... on 3/8/2024

The Connecticut Appellate Court recently ruled that a septuagenarian teacher’s claims that she was forced to resign because of age discrimination were untimely. The ruling distinguishes Connecticut law from a 2016 Supreme...more

Second Circuit Rules that Syndicated Loans Are Not “Securities” Under State and Federal Law

Goodwin on 9/11/2023

On August 24, 2023, the U.S. Court of Appeals for the Second Circuit in Kirschner unanimously held that notes evidencing syndicated loans do not plausibly qualify as “securities” covered by state and federal securities laws...more

The Supreme Court Sides with Employers on the Right to Sue Unions

McNees Wallace & Nurick LLC on 6/14/2023

On June 1, 2023, the United States Supreme Court held that a company could sue a union over intentional damage caused during a labor dispute. In Glacier Northwest v. International Brotherhood of Teamsters Loc. Union No. 174,...more

Supreme Court Rules that Union May Be Liable for Damage Caused by Strike

Benesch on 6/13/2023

In a strikeout for organized labor, the United States Supreme Court recently held that an employer may pursue a lawsuit based on damage caused to its property by a strike. Glacier Northwest, Inc., a company which...more

US Supreme Court Says Egregious Strike Misconduct Subject to Employer State Court Damages Action

Morgan Lewis on 6/12/2023

In a recent 8-1 decision, the US Supreme Court held that the National Labor Relations Act (NLRA or the Act) does not preempt state claims against unions for intentional property damage during a strike. The decision reaffirms...more

SCOTUS Opens the Door to Increased Union Liability for Strike Damages

Parker Poe Adams & Bernstein LLP on 6/9/2023

On June 1, 2023, the U.S. Supreme Court delivered an 8-1 opinion that limits the protections available to unions for damages caused during a strike. In Glacier Northwest v. International Brotherhood of Teamsters, Local Union...more

U.S. Supreme Court: Strike Does Not Protect Union from Lawsuit for Damage to Company Property

Miller Canfield on 6/7/2023

Can a union be sued by management for destroying company property during a strike? On June 1, 2023, the U.S. Supreme Court answered the question in the affirmative....more

Union Cannot Avoid State Court Claims for Property Damage Caused by Strike, Supreme Court Holds

Payne & Fears on 6/2/2023

The United States Supreme Court issued its highly anticipated labor decision in Glacier Northwest, Inc. v. International Brotherhood of Teamsters Local Union No. 174 today. The 8-1 majority opinion is a win for management and...more

Supreme Court Ruling Makes It Easier for Employers to Recover Damages Caused by Union Strike Misconduct

Fisher Phillips on 6/2/2023

The Supreme Court delivered welcome news yesterday to employers seeking to sue and recover economic damages from labor unions, ruling that federal labor law does not prevent them from filing state law claims for intentional...more

Supreme Court Maintains Internet Safe Harbor Provisions … for Now

Miller Nash LLP on 5/31/2023

With little comment and reportage, the U. S. Supreme Court decided on May 18 that the “safe harbor” granted to the operators of online platforms precluded claims that an algorithmic process that allowed terrorist recruiting...more

10 Legal Challenges for the Cannabis Industry in 2023

ArentFox Schiff on 5/12/2023

1. Cannabis Entering the Metaverse - As we discuss in greater detail here, the Metaverse provides expansive marketing and sales opportunities for cannabis companies due to its decentralized nature and the varied regulatory...more

United States Supreme Court Dismisses Appeal In Case Concerning Whether Private Securities Litigation Reform Act’s Automatic Stay...

A&O Shearman on 2/28/2023

On February 21, 2023, the United States Supreme Court formally dismissed the appeal of a case in which a settlement had been announced after certiorari was granted to review a decision by a California state court allowing...more

Supreme Court Set to Decide Whether NLRA Preempts State Law Claims for Property Damage Caused During Strikes

Proskauer - Labor Relations Update on 10/4/2022

The U.S. Supreme Court’s upcoming term will include review of whether the National Labor Relations Act (the “Act”) preempts state court lawsuits for property damage caused during strikes, which could have significant...more

The Supreme Court - September 30, 2021

Dorsey & Whitney LLP on 10/1/2021

Cassirer v. Thyssen-Bornemisza Collection Foundation, No. 20-1566: Whether a federal court hearing state law claims brought under the Foreign Sovereign Immunities Act must apply the forum state’s choice-of-law rules to...more

U.S. Supreme Court: No ERISA Preemption for State Law Regulating PBMs

Proskauer - Employee Benefits & Executive... on 12/15/2020

In a unanimous (8-0) opinion authored by Justice Sotomayor, the U.S. Supreme Court held that an Arkansas state law regulating rates at which pharmacy benefits managers (PBMs) reimburse pharmacies is not preempted by ERISA. ...more

K&L Gates Triage: Rutledge v. Pharmaceutical Care Management Association

K&L Gates LLP on 9/10/2020

In this episode of Triage, Leah D’Aurora Richardson and Victoria Hamscho discuss next month’s Supreme Court oral arguments in Rutledge v. Pharmaceutical Care Management Association, including its potential impact on nearly...more

Countdown to the Supreme Court’s ERISA Preemption Oral Argument in Rutledge — Two Noteworthy Case Developments

Seyfarth Shaw LLP on 8/28/2020

Seyfarth Synopsis: As the Supreme Court prepares to hear oral arguments on a key case that could have major ramifications on the scope of ERISA preemption, two recent case developments show just how important the high court’s...more

Atlantic Richfield v. Christian: Despite Initial Concerns, SCOTUS Decision Does Not Open Floodgates for State Court Challenges to...

Greenbaum, Rowe, Smith & Davis LLP on 8/11/2020

Prior to April 2020, it seemed clear under prevailing federal case law that a disgruntled person could not use a state court lawsuit to change an environmental remedy approved by the U.S. Environmental Protection Agency (EPA)...more

Enforcement of International Arbitration Agreements: SCOTUS Rules That the New York Convention (and FAA ch. 2) Are Not...

Mintz - Arbitration, Mediation, ADR... on 8/10/2020

When all was said and done, the U.S. Supreme Court ruled unanimously on June 1, 2020 in effect that the New York Convention (i.e., the U.N. Convention on the Recognition and Enforcement of Foreign Arbitral Awards) and the...more

Looking to Compel Arbitration? Recent Supreme Court Decision Suggests Additional Tools are Available

Shutts & Bowen LLP on 8/6/2020

Sometimes compelling arbitration is simple. If the parties to a dispute signed an agreement to arbitrate, a signatory would normally be able to use that agreement as a basis to move to compel arbitration pursuant to the...more

U.S. Supreme Court Rules That Nonsignatory to International Arbitration Agreement May Compel Arbitration

Miller Canfield on 7/14/2020

Can your business be compelled to defend an international arbitration brought by an entity with whom you never agreed to arbitrate? On June 1, 2020, a unanimous United States Supreme Court answered this question in the...more

U.S. Supreme Court Holds Equitable Estoppel Can Allow Non-Signatories to Compel Arbitration Under the New York Convention

Carlton Fields on 6/17/2020

The U.S. Supreme Court has held that equitable estoppel doctrines can be invoked by non-signatories seeking to compel arbitration under the Convention on the Recognition and Enforcement of Foreign Arbitral Awards....more

U.S. Supreme Court: Non-Signatories to an International Contract Might Be Able to Compel Arbitration

Saul Ewing LLP on 6/15/2020

In a unanimous decision, the U.S. Supreme Court recently ruled that a non-signatory to an agreement requiring arbitration for disputes might be able to compel arbitration under state law equitable estoppel arguments. The...more

Supreme Court Opens the Door for Non-Signatories to Enforce Arbitration Agreements, Resolving Circuit Split

Sheppard Mullin Richter & Hampton LLP on 6/11/2020

On June 1, 2020 the United States Supreme Court issued a unanimous decision in GE Energy Power Conversion Fr. SAS, Corp. v. Outokumpu Stainless USA, LLC, No. 18-1048, 2020 WL 2814297 (U.S. June 1, 2020), holding that the...more

U.S. Supreme Court Holds That Convention On The Recognition And Enforcement Of Foreign Arbitral Awards Does Not Prohibit...

A&O Shearman on 6/10/2020

On June 1, 2020, the United States Supreme Court, in a unanimous decision by Justice Thomas, held that allowing non-signatories to an arbitration agreement to compel arbitration under the Convention on the Recognition and...more

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Supreme Court of the United States › State Law Claims

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