Supreme Court of the United States

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 -
News & Analysis as of

Supreme Court Hears Arguments on Appellate Standard of Review Over Patent Claim Construction

The United States Supreme Court heard oral argument October 15, 2014, in Teva Pharm. USA, Inc. v. Sandoz, Inc., No. 13-854. (The transcript and audio recording are available here.) The question before the Court in this case...more

United States Supreme Court Denies Certiorari in Case Involving Use of General Verdict

Monday, the United States Supreme Court denied certiorari in Khan v. Chowdhury, Case No. 13-1479. Notwithstanding the denial, this case is notable, as it highlights a recurring issue in preserving error for appeal: proposing...more

Supreme Court Will Hear Two Immigration Cases in 2015

The U.S. Supreme Court announced this month which cases it will hear in the coming year. Two of such cases are immigration cases that could have significant implications on immigration law depending on how they are ultimately...more

Employment Law - Oct 2014 #2

EEOC Sues Over Transgender Discrimination - Why it matters: In its first cases alleging bias against transgender employees, the Equal Employment Opportunity Commission has filed suit against a Florida eye clinic and a...more

ev3, Inc. v. Lesh, C.A. No. 515, 2013 (Del. Sept. 30, 2014)

In this en banc Memorandum Opinion, the Supreme Court reversed the Superior Court’s denial of the defendant-below’s motion for a new trial following a jury verdict and remanded the case for a new trial. The Supreme Court...more

Supreme Court: Should Appeal Give Deference to Lower Courts on Claim Construction?

On October 15, the Supreme Court heard oral argument in Teva Pharmaceuticals USA Inc., et al. v. Sandoz Inc., et al., case number 13-854. At issue is the level of deference that the Court of Appeals for the Federal Circuit...more

This Hobby Lobby Proposal Is Much Mistaken

Suzanne Weakley, editor-in-chief of the CEB Business Law Practitioner, recently called my attention to this letter from six professors at U.C. Berkeley (Robert P. Bartlett III, Richard Buxbaum, Stavros Gadinis, Justin...more

Eighth Circuit Says Termination Made to Lower Health Care Costs Constitutes Age Discrimination

Under the U.S. Supreme Court’s 1993 Hazen Paper decision, employers that select employees for layoff using the date of vesting of their pensions based on years of service are not discriminating on the basis of age, even if...more

Supreme Court’s 2014-15 Term: Antitrust Case May Impact the Activities of Alcohol Industry Public/Private Organizations

On October 14, 2014, the United States Supreme Court heard oral argument in a case that could have significant implications for hybrid public/private “regulatory” bodies. Many such bodies, like state and local wine...more

OCR Issues Guidance on Application of HIPAA Privacy Rule after Windsor

The U.S. Supreme Court's ruling that section 3 of the Defense of Marriage Act (DOMA) was unconstitutional in United States v. Windsor prompted many businesses to review and revise their employee benefit plans. However, the...more

Potentially Far-Reaching FLSA Case Before Supreme Court

On October 8, 2014, the Supreme Court heard oral arguments in Integrity Staffing Solutions, Inc. v. Busk to determine whether time employees spend in a security clearance solely for their employer's benefit is compensable...more

Three Key EEO Cases to Watch on the SCOTUS Docket This Term

The Supreme Court is set to weigh in on several key questions for employers this term related to employee discrimination. When does an employer have to accommodate a pregnant employee? How about a job applicant who wears a...more

Bankruptcy Bleak House—The Limited Ability of Bankruptcy Courts to Enter Final Judgments

In Stern V. Marshall, ____ U.S ___, 131 S. Ct. 2594 (2011), the Supreme Court held that bankruptcy courts cannot issue final judgments on state law counterclaims even though they are “core proceeding”. Stern V. Marshall is...more

California District Court Finds Bankrupt Named Plaintiffs Not Adequate Representatives

Anyone questioning whether the Supreme Court’s decision in Wal-Mart Stores, Inc. v. Dukes, 131 S. Ct. 2541 (2011), has had an impact need look no further than the decision in Alakozai v. Chase Investment Services Corp., Case...more

Federal Circuit Remands Trio of Attorneys’ Fee Award Cases Back to District Courts

Icon Health & Fitness, Inc. v. Octane Fitness, LLC; Checkpoint Systems, Inc. v. All-Tag Sec., S.A.; Highmark, Inc. v. Allcare Health Mgmt. Sys., Inc. - In the span of 10 days, and in the wake of the U.S Supreme Court...more

Teva v. Sandoz -- Is Deferential Review a Boon for Patent Trolls?

On Wednesday, the Supreme Court will hear oral arguments in the Teva Pharmaceuticals USA, Inc. v. Sandoz Inc. case to determine whether appellate courts should afford any deference to a trial court's claim construction...more

FTC Attacks Toothless Regulation of Dentists

Yesterday the United States Supreme Court heard argument in a case of national importance to health professions and the state boards that regulate them. The case, North Carolina Board of Dental Examiners v. FTC, addresses...more

Superman Dodges a Bullet: Supreme Court Denies Certiorari in Heirs’ Bid to Reclaim Character Copyright

Close on the heels of the settlement between Marvel Comics and Jack Kirby’s heirs, which ended their dispute over copyright in a number of iconic comic book characters, the heirs to one of Superman’s co-creators, artist...more

Reasonable Fee Issues for Fiduciaries on the Horizon

The Supreme Court is poised to address whether fiduciaries' decisions—especially in using fee sharing arrangements—are subject to deference when challenged. The Eighth and Ninth Circuit courts recently decided these issues,...more

A Question To Be Answered By The Supreme Court: Should You Discuss The Obvious At Job Interviews?

Sometime next year the United States Supreme Court will decide whether a job interviewer had an obligation to inform an applicant that the interviewer has noticed that the applicant is wearing a headscarf. Put another way, on...more

Supreme Court’s Footnote About Auckerman in Petrella v. Metro-Goldwyn-Mayer, Inc. Does Not Create New Law: Cordis’s Laches Defense...

Medinol Ltd., v. Cordis Corporation and Johnson & Johnson Case Number: 1:13-cv-0148-SAS In March, Judge Scheindlin found that laches formed a complete defense for Cordis in this matter. Medinol did not appeal...more

Business Litigation Report -- September 2014

In This Issue: - Main Article: ..The Supreme Court Revisits Patent Eligible Subject Matter in Alice v. CLS Bank - Practice Area Notes: ..International Arbitration Update ..Trial Practice...more

Guest Post: Myriad -- A Direct and Unexceptional Approach

Is there a chain of reasoning that leads to the outcome in Myriad more shortly and directly than that outlined by Justice Thomas and without invoking judicial exceptions? It is strongly arguable that this is indeed the case...more

Supreme Court Declines to Rule on Same-Sex Marriage Cases - What Does This Mean for Employers?

On Monday, the U.S. Supreme Court refused to hear appeals from five states seeking to uphold same-sex marriage bans. At issue was the constitutionality of same-sex marriage bans in Indiana, Oklahoma, Utah, Virginia and...more

Two petitions filed seeking Supreme Court review of Ninth Circuit decision in Delta smelt case

Recently, two separate petitions were filed with the U.S. Supreme Court seeking review of the Ninth Circuit’s decision in San Luis and Delta Mendota Water Authority v. Jewell, a case involving a challenge to the biological...more

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