News & Analysis as of

Split of Authority Certiorari

Ogletree, Deakins, Nash, Smoak & Stewart,...

Supreme Court to Determine Whether Retirees Can Claim Disability Discrimination in Benefits

The Supreme Court of the United States has agreed to hear a case that will decide whether retirees can sue for disability discrimination because of changes to retiree benefit plans....more

Venable LLP

Supreme Court Grants Cert to Decide the Burden of Proof for FLSA Exemptions

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On June 17, 2024, the U.S. Supreme Court granted certiorari in E.M.D. Sales, Inc. v. Carrera, adding it to their docket for the 2024-2025 term. This case will finally resolve a split between the U.S. Circuit Courts of Appeal...more

Benesch

Supreme Court to Weigh in on Scope of Federal Bribery Statute

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In Snyder v. United States, the Supreme Court of the United States could redefine the legal boundaries regarding federal bribery as it prepares to answer whether the primary federal bribery statute, 18 U.S.C. § 666,...more

Genova Burns LLC

Supreme Court Agrees To Resolve Circuit Court Conflict Over Standard For Section 10(j) Injunction In Unionization Efforts...

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The boiling dispute over the unionization of baristas is heading to the Supreme Court. Section 10(j) of the National Labor Relations Act authorizes federal courts to issue preliminary injunctions against employers that are...more

Saiber LLC

U.S. Supreme Court Agrees Grants Certiorari in the Two NetChoice Cases

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​​​​​​​In past Trending Law Blog posts on August 13, 2021, November 17, 2021, December 16, 2021, and September 8, 2022, we discussed the two NetChoice cases that arose in Florida (NetChoice, LLC v. Moody) and Texas...more

Dorsey & Whitney LLP

Whose Song Is It Anyway? Questions about Samples in Flo Rida and will.i.am’s Hit “In the Ayer” Soar to the Supreme Court

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On September 29, 2023, the Supreme Court granted certiorari in Warner Chappell Music, Inc. v. Nealy, a case that should resolve a split among the U.S. Courts of Appeal relating to the scope of damages available to copyright...more

Ogletree, Deakins, Nash, Smoak & Stewart,...

Supreme Court to Hear Case on Whether Lawsuits are Stayed During Appeal of Denial of Motion to Compel Arbitration

On December 9, 2022, the Supreme Court of the United States granted a petition for certiorari in a case raising the question of whether a non-frivolous appeal to the denial of a motion to compel arbitration strips the...more

Vinson & Elkins LLP

Section 363(m) Circuit Split Headed for SCOTUS Review

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The Supreme Court of the United States granted certiorari on June 27, 2022, to determine whether section 363(m) of the Bankruptcy Code—concerning appellate review of bankruptcy court sale orders—is jurisdictional or only...more

Parker Poe Adams & Bernstein LLP

Supreme Court Agrees to Hear Case Involving Need to Pay Highly Compensated Employee on Salaried Basis

The Fair Labor Standards Act (FLSA) provides a number of exemptions from its overtime and minimum wage requirements for employees paid on a salaried basis. FLSA rules also allow certain highly compensated employees (currently...more

Faegre Drinker Biddle & Reath LLP

Supreme Court Asked to Review Retroactivity of Barr v. AAPC

The retroactivity of the Supreme Court’s decision in Barr v. AAPC is back before the Supreme Court to decide—if, that is, it grants the petition for certiorari that was just filed by the Defendant in Lindenbaum v. Realgy....more

Dorsey & Whitney LLP

SCOTUS Agrees to Consider Whether Copyright Act Section 411 Requires an Intent to Defraud

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The U.S. Supreme Court recently granted certiorari to tackle a technical copyright registration question: when a defendant alleges knowing inaccuracies in a copyright registration, does 17 U.S.C. § 411 require referral to the...more

Wilson Sonsini Goodrich & Rosati

U.S. Supreme Court Rules for Facebook in Much-Anticipated TCPA Ruling

Resolves Years of Ambiguity Over What Equipment Is Covered by the TCPA On April 1, 2021, the U.S. Supreme Court issued its opinion in Facebook, Inc. v. Duguid, a case addressing a split among federal circuit courts as to...more

Eversheds Sutherland (US) LLP

Supreme Court to resolve split on whether 1782 discovery can be used in international commercial arbitrations

The Supreme Court has granted cert over a petition asking the Court to decide whether federal courts may authorize discovery for use in private commercial arbitration abroad. Should the Court do so, its decision will have...more

Foley Hoag LLP - Security, Privacy and the...

Supreme Court Considers Modern Applicability of TCPA's Robocall Ban in Duguid v. Facebook

On December 8, 2020, the Supreme Court heard oral argument in Duguid v. Facebook, a landmark case that will determine whether a consumer can sue a company for using automated technology to text or call that consumer at a...more

Wilson Sonsini Goodrich & Rosati

U.S. Supreme Court Hears Argument over Frequently Litigated Provision of the TCPA

On December 8, 2020, the Supreme Court heard argument in Facebook, Inc. v. Duguid, a case addressing a split among federal circuit courts as to what constitutes an "automatic telephone dialing system"—often referred to as an...more

Faegre Drinker Biddle & Reath LLP

Supreme Court to Hold Oral Argument via Teleconference in Facebook v. Duguid

December 8, 2020, the Supreme Court will hold oral argument via teleconference in Facebook v. Duguid, which concerns the proper interpretation of the TCPA’s definition of an “automatic telephone dialing system...more

Bilzin Sumberg

SCOTUS Case Highlights Ambiguities in Computer Fraud and Abuse Act

Bilzin Sumberg on

The Supreme Court heard oral arguments this week in Van Buren v. United States, which asked the nine Justices to interpret the federal Computer Fraud and Abuse Act (CFAA), 18 U.S.C. §§ 1030. The CFAA was enacted in 1986, just...more

Morgan Lewis

Facebook v. Duguid – US Supreme Court to Decide Crucial Issue Affecting TCPA Liability

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Facebook v. Duguid heads for oral argument before the US Supreme Court on December 8. The case is set to clarify one of the most confusing aspects of the Telephone Consumer Protection Act’s text affecting TCPA liability...more

Knobbe Martens

Criminal Enforcement Against Data Breaches Under the Computer Fraud and Abuse Act

Knobbe Martens on

On April 20, 2020, the U.S. Supreme Court granted writ of certiorari in Van Buren v. United States to consider whether a person who is authorized to access information on a computer for certain purposes violates Section...more

Faegre Drinker Biddle & Reath LLP

Supreme Court To Hear Facebook ATDS Argument on December 8th

On September 16, the U.S. Supreme Court announced that it will conduct a telephonic oral argument for the Facebook, Inc. v. Duguid matter on December 8, 2020. As regular readers of our blog know, the Supreme Court granted...more

Hogan Lovells

U.S. Government urges Supreme Court to adopt reasonable interpretation of ATDS in TCPA case

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The Supreme Court recently granted certiorari in Facebook, Inc. v. Duguid to resolve a deepening circuit split on the question of what qualifies as an automatic telephone dialing system (ATDS or autodialer) under the...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

Womble Bond Dickinson

Sixth Circuit follows Second and Ninth Circuits in finding that an ATDS Encompasses Calls Dialed from a List

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Twenty days after the Supreme Court granted petition for writ of certiorari in Facebook v. Duguid to review the question of what constitutes an ATDS under the TCPA, the Sixth Circuit issued its own opinion addressing this...more

Hudson Cook, LLP

U.S. Supreme Court to Address Major TCPA Issue Next Term, Resolving Circuit Split on Autodialer Standard

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Summer in Washington, D.C., is usually a quiet time. D.C.'s summer of 2020 has been anything but quiet, to put it mildly. While there are several existential pulls on our attention this season, we should still take a moment...more

K&L Gates LLP

Supreme Court Agrees to Review Growing Circuit Split on Definition of ATDS

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On Thursday, the United States Supreme Court agreed to review the question of what type of dialing equipment qualifies as an “automatic telephone dialing system” (ATDS) under the Telephone Consumer Protection Act (TCPA). The...more

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