On January 15, 2025, the Supreme Court of the United States issued a unanimous decision in Royal Canin U.S.A., Inc. v. Wullschleger, No. 23–677, holding that when a case alleging both state and federal claims is removed to...more
On January 14, 2020, the Supreme Court of the United States decided Retirement Plans Committee of IBM v. Jander, No. 18-1165, remanding the case to the Second Circuit Court of Appeals to decide whether to address the views of...more
1/15/2020
/ Appeals ,
Breach of Duty ,
Corporate Officers ,
Dismissals ,
Duty of Prudence ,
Employee Retirement Income Security Act (ERISA) ,
Employee Stock Purchase Plans ,
ESOP ,
Failure To Disclose ,
Fiduciary Duty ,
FIfth Third Bancorp v Dudenhoeffer ,
Fraud ,
Inflated Projections ,
Insider Information ,
Misrepresentation ,
Plan Participants ,
Pleading Standards ,
Popular ,
Remand ,
Retirement Plans Committee of IBM v Jander ,
Reversal ,
SCOTUS ,
Securities Violations ,
Vacated
On June 27, 2019, the U.S. Supreme Court decided Department of Commerce v. New York, No. 18-966, holding that the Constitution’s Enumeration Clause allowed the government to ask census questions about citizenship, but the...more
6/28/2019
/ Administrative Procedure Act ,
Census ,
Citizenship ,
Department of Commerce v New York ,
Department of Justice (DOJ) ,
Discovery ,
Enumeration Clause ,
National Origin Discrimination ,
Race Discrimination ,
Remand ,
U.S. Commerce Department ,
Undocumented Immigrants ,
Voting Rights Act
On June 20, 2019, the United States Supreme Court decided PDR Network, LLC v. Carlton & Harris Chiropractic, Inc., No. 17-1705, holding that whether the Federal Communications Commission’s (FCC) 2006 order interpreting the...more
6/21/2019
/ Administrative Orders ,
Administrative Procedure ,
Appellate Courts ,
Binding Precedent ,
Dismissals ,
Due Process ,
Exclusive Jurisdiction ,
FCC ,
Hobbs Act ,
Interpretive Rule ,
Judicial Review ,
Legislative Rule ,
PDR Network LLC v Carlton & Harris Chiropractic Inc ,
Remand ,
Reversal ,
SCOTUS ,
Set-Asides ,
TCPA ,
Unsolicited Advertisements ,
Unsolicited Faxes ,
Vacated
On May 20, 2019, the Supreme Court of the United States decided Merck Sharp & Dohme Corp. v. Albrecht, No. 17-290, holding that the judge, not the jury, must decide whether state-law failure-to-warn claims are preempted by...more
5/22/2019
/ Agency Disapproval ,
Clear Evidence Standard ,
Failure To Warn ,
FDA Approval ,
Federal v State Law Application ,
Food and Drug Administration (FDA) ,
Judicial Authority ,
Jury Trial ,
Manufacturers ,
Merck Sharp & Dohme Corp. v. Albrecht ,
Preemption ,
Prescription Drugs ,
Question of Fact ,
Question of Law ,
Remand ,
SCOTUS ,
State Law Claims ,
Vacated ,
Warning Labels
On March 26, 2019, the U.S. Supreme Court decided Republic of Sudan v. Harrison et al., No. 16-1094, holding that the Foreign Sovereign Immunities Act of 1976 (FSIA) requires a mailing to be sent directly to the foreign...more
3/27/2019
/ Appeals ,
Foreign Minister ,
Foreign Sovereign Immunities Act of 1976 (FSIA) ,
Foreign Sovereigns ,
International Litigation ,
Remand ,
Republic of Sudan v Harrison ,
Reversal ,
SCOTUS ,
Service by Mail ,
Service of Process
On March 26, 2019, the Supreme Court decided Sturgeon v. Frost, No. 17-949, holding that the federal government does not own a navigable water that traverses a national park in Alaska, so the water is not “public land” under...more
3/27/2019
/ ANILCA ,
Exemptions ,
Lack of Authority ,
National Park Service ,
Navigable Waters ,
Non-Public Land ,
Regulatory Authority ,
Remand ,
Reversal ,
Rivers ,
SCOTUS ,
State and Local Government ,
States Rights ,
Sturgeon v Frost ,
Vessels
On June 18, 2018, the Supreme Court of the United States decided Gill v. Whitford, No. 16-1161, holding that where voters assert that a state’s legislative districts have been improperly gerrymandered, those voters lack...more
6/20/2018
/ Appeals ,
Article III ,
Constitutional Challenges ,
First Amendment ,
Fourteenth Amendment ,
Gerrymandering ,
Gill v Whitford ,
Injury-in-Fact ,
Political Parties ,
Remand ,
SCOTUS ,
Standing ,
Vacated ,
Voting Rights
On May 14, 2018, the Supreme Court of the United States decided Byrd v. United States, No. 16-1371, holding that under the Fourth Amendment, the driver of a rental car may challenge the search of that car by law enforcement...more
5/15/2018
/ Byrd v United States ,
Car Rentals ,
Consent ,
Evidence Suppression ,
Fourth Amendment ,
Invasion of Privacy ,
Law Enforcement ,
Reasonable Expectation of Privacy ,
Remand ,
Right to Privacy ,
SCOTUS ,
Standing ,
Traffic Stops ,
Vacated ,
Vehicle Searches