News & Analysis as of

Solicitor General Certiorari

Bradley Arant Boult Cummings LLP

Court’s FCA Ruling Opens Door for SCOTUS Review

A Fourth Circuit ruling in a False Claims Act case has created a 4-4 circuit split over the issue of the act’s knowledge requirement, Bradley partner Elisha Kobre explains. This makes the issue ripe for the US Supreme Court,...more

Troutman Pepper

TCPA: U.S. Government Advocates for Strict Reading of the Statute, ATDS Should Include Random or Sequential Generation Requirement

Troutman Pepper on

The Acting Solicitor General submitted an amicus brief in Facebook v. Duguid on September 4, urging the Supreme Court to find that telephony must randomly or sequentially generate telephone numbers, then dial those numbers in...more

BCLP

SCOTUS Upholds TCPA but Strikes Government Debt Collection Exception

BCLP on

The Telephone Consumer Protection Act ("TCPA") has been the subject of significant class and consumer litigation risk exposure for many industries, including financial institutions. In a July 6 ruling, the United States...more

Womble Bond Dickinson

Supreme Court Strikes Down Government-Backed Debt Exception; TCPA Stands

Womble Bond Dickinson on

Earlier today the Supreme Court released its decision in Barr v. Political Consultants, a case which attempted to end the TCPA as we know it.  Instead, the Court struck down a narrow exception to the TCPA, known as the...more

Eversheds Sutherland (US) LLP

Supreme Court leaves TCPA intact; strikes down exception for government debt collection

The Telephone Consumer Protection Act (TCPA) remains in place, but the exception permitting robocalls for government debt collection has fallen, in a decision by the US Supreme Court addressing the constitutionality of the...more

Seyfarth Shaw LLP

To Sever or Not to Sever: Supreme Court Grapples With Political Consultants’ First Amendment TCPA Challenge

Seyfarth Shaw LLP on

Seyfarth Synopsis: On May 6, 2020, the Supreme Court heard oral arguments on a First Amendment challenge to a 2015 amendment to the TCPA, which exempted calls regarding debts owed to the government from certain of its...more

Womble Bond Dickinson

Supreme Court Debates Whether to Flush TCPA’s Autodialer Restriction During Barr v. AAPC Oral Argument

Womble Bond Dickinson on

It seems that the oral argument in Barr, Attorney General v. American Association of Political Consultants, Inc. may become better known for the toilet flush that could be heard in the course of the argument, rather than the...more

Burr & Forman

Duran v. La Boom Disco: It Is Time For SCOTUS To Decide The ATDS Issue

Burr & Forman on

Those of us who have been litigating the Telephone Consumer Protection Act (“TCPA”) have spent the better part of the last decade trying to determine what constitutes an automated telephone dialing system (“ATDS”).  ...more

Manatt, Phelps & Phillips, LLP

Supreme Court To Decide Constitutionality of Government-Backed Debt Exception

The U.S. Supreme Court has agreed to weigh in on the constitutionality of the exception to the Telephone Consumer Protection Act (TCPA) for government-backed debt, namely whether that exception violates the First Amendment...more

Morrison & Foerster LLP - Class Dismissed

Supreme Court Grants Certiorari To Review Fourth Circuit’s TCPA Decision

On January 10, 2020, the Supreme Court granted certiorari to review the Fourth Circuit’s decision to strike the Telephone Consumer Protection Act’s (TCPA) “government-debt exemption.” See Am. Ass’n of Political Consultants,...more

Davis Wright Tremaine LLP

Supreme Court Agrees to Review TCPA’s Constitutionality

The U.S. Supreme Court has granted certiorari to review whether a 2015 amendment to the Telephone Consumer Protection Act (TCPA) violates the First Amendment and/or if it perhaps renders the statute unconstitutional as a...more

Womble Bond Dickinson

Supreme Court to Review the Constitutionality of the Government-Backed Debt Exception to the TCPA

Womble Bond Dickinson on

The TCPA is off to an exciting start this new year. On Friday, January 10, 2020, the Supreme Court granted the Petition for Certiorari filed in Barr v. American Association of Political Consultants Inc., to review the...more

Ballard Spahr LLP

SCOTUS agrees to decide whether TCPA exception for calls to collect government debts violates First Amendment

Ballard Spahr LLP on

The U.S. Supreme Court has agreed to decide whether the Telephone Consumer Protection Act’s exception from its automated call restriction for calls to collect government debts violates the First Amendment of the U.S....more

Kilpatrick

U.S. Supreme Court puts class action doubleheader on the calendar – cy pres awards and class arbitration

Kilpatrick on

Takeaway: On April 30, the U.S. Supreme Court granted certiorari in a Ninth Circuit case approving a cy pres-only class action settlement. As we reported in a May 2018 post [U.S. Supreme Court puts class action doubleheader...more

Holland & Knight LLP

High Court Grants Certiorari in Vitamin C Antitrust Litigation

Holland & Knight LLP on

On Friday, January 12, 2018, the United States Supreme Court agreed to hear the appeal of two Vitamin C purchasers in what has become known as In re: Vitamin C Antitrust Litigation. Appellants are seeking to overturn a 2016...more

Holland & Knight LLP

The United States Supports Certiorari in the Vitamin C Antitrust Litigation

Holland & Knight LLP on

On November 14, 2017, following a rare invitation from the U.S. Supreme Court earlier this year, newly confirmed Solicitor General Noel Francisco submitted an amicus curiae brief on behalf of the United States in Animal...more

Holland & Knight LLP

Supreme Court Seeks Input of United States in International Price-Fixing Case - Request Could Signal Intent to Review Second...

Holland & Knight LLP on

The U.S. Supreme Court on June 26, 2017, took the somewhat unusual step of inviting the Acting Solicitor General to express the views of the United States regarding Animal Science Products, Inc. v. Hebei Welcome...more

Fenwick & West Life Sciences Group

Biosimilars: Supreme Court Grants Certiorari in Amgen v. Sandoz

On Friday, January 13, the Supreme Court granted certiorari in Amgen v. Sandoz (Nos. 15-1039 & 15-1195). The Supreme Court originally deferred its decision on the parties’ certiorari petitions in order to consider the...more

Foley & Lardner LLP

Supreme Court Will Judge Biosimilar Patent Dance

Foley & Lardner LLP on

The U.S. Supreme Court has agreed to review some of the patent dispute resolution provisions of the Biologics Price Competition and Innovation Act (BPCIA). The Court granted certiorari in the dispute between Amgen and Sandoz,...more

Fenwick & West Life Sciences Group

Biosimilars: Solicitor General Recommends Granting Certiorari in Amgen v. Sandoz

Responding to the Supreme Court’s request for its views, the Solicitor General recently recommended granting certiorari and reversing some of the Federal Circuit’s key holdings in Amgen v. Sandoz (Nos. 15-1039 & 15-1195)....more

Fish & Richardson

Solicitor General Claims Error in Federal Circuit’s Sandoz Holding

Fish & Richardson on

On Monday, December 12, 2016, the Supreme Court denied certiorari in Apotex v. Amgen, No. 16-332. Apotex had petitioned the Court to clarify provisions of the Biologics Price Competition and Innovation Act (BPCIA) set forth...more

Dorsey & Whitney LLP

The Supreme Court - March 2016 #5

Dorsey & Whitney LLP on

The Supreme Court of the United States issued one per curiam decision on March 29, 2016: Friedrichs v. California Teachers Assn., No. 14-915: Petitioner Rebecca Friedrichs and other public school teachers in California...more

Ballard Spahr LLP

CFPB files amicus brief in U.S. Supreme Court Article III standing case

Ballard Spahr LLP on

The CFPB, together with the DOJ, has filed a second amicus brief in Spokeo, Inc. v. Robins, the case pending before the U.S. Supreme Court in which the issue is whether a plaintiff who cannot show any actual harm from a...more

Proskauer - Employee Benefits & Executive...

SCOTUS Invites Solicitor General to Submit Its View on ERISA Venue Selection Provisions

We previously reported that a split Sixth Circuit panel enforced a venue selection clause in an ERISA plan. In so ruling, the Court rejected the U.S. Department of Labor’s attempt to regulate by amicus brief and reasoned...more

Ballard Spahr LLP

Solicitor General files brief opposing certiorari in Mt. Holly

Ballard Spahr LLP on

Last week, the Solicitor General finally filed his brief expressing the views of the United States on whether the U.S. Supreme Court should grant the petition for certiorari pending in Township of Mount Holly v. Mt. Holly...more

25 Results
 / 
View per page
Page: of 1

"My best business intelligence, in one easy email…"

Your first step to building a free, personalized, morning email brief covering pertinent authors and topics on JD Supra:
*By using the service, you signify your acceptance of JD Supra's Privacy Policy.
- hide
- hide