On July 8, 2020, the United States Supreme Court decided Our Lady of Guadalupe School v. Morrissey-Berru, No. 19-267, holding that the First Amendment’s “ministerial exception,” under the religion clauses, bars courts from...more
7/9/2020
/ Age Discrimination ,
Appeals ,
Disability Discrimination ,
Employment Discrimination ,
First Amendment ,
Freedom of Religion ,
Ministerial Exception ,
Our Lady of Guadalupe School v Morrissey-Berru ,
Religious Schools ,
Reversal ,
SCOTUS ,
Teachers
On April 6, 2020, the U.S. Supreme Court decided Babb v. Wilkie, holding that the federal-sector provision of the Age Discrimination and Employment Act of 1967 (ADEA), 29 U.S.C. §633a(a), does not require proof that age...more
4/9/2020
/ ADEA ,
Age Discrimination ,
Babb v Wilkie ,
Burden of Proof ,
But For Causation ,
Employer Liability Issues ,
Federal Employees ,
Hiring & Firing ,
McDonnell Douglas Formula ,
Remedies ,
Reversal ,
SCOTUS ,
Standard of Care ,
Summary Judgment
On February 26, 2020, the U.S. Supreme Court decided Intel Corporation Investment Policy Committee v. Sulyma, holding that, for purposes of ERISA’s three-year statute of limitations, a plan beneficiary does not have “actual...more
2/28/2020
/ Actual or Constructive Knowledge ,
Appeals ,
Breach of Duty ,
Employee Retirement Income Security Act (ERISA) ,
Fiduciary Duty ,
Intel Corp. Investment Policy Committee v. Sulyma ,
Material Disclosures ,
Question of Fact ,
Reaffirmation ,
Retirement Plan ,
Retirement Plan Beneficiaries ,
Reversal ,
SCOTUS ,
Split of Authority ,
Statute of Limitations ,
Summary Judgment
On May 28, 2019, the U.S. Supreme Court decided Smith v. Berryhill, holding a dismissal by the Social Security Administration’s Appeals Council on timeliness grounds after a claimant has had an administrative law judge...more
5/30/2019
/ Administrative Appeals ,
Administrative Law Judge (ALJ) ,
Administrative Procedure Act ,
Administrative Proceedings ,
Appeals ,
Congressional Intent ,
Disability Benefits ,
Dismissals ,
Eligibility Determination ,
Final Written Decisions ,
Judicial Review ,
Jurisdiction ,
Motion for Reconsideration ,
Reversal ,
Reviewability Determinations ,
Right To Appeal ,
SCOTUS ,
Smith v Berryhill ,
Social Security Administration (SSA) ,
Social Security Administration Appeals Council ,
Time-Barred Claims
On February 27, 2019, the Supreme Court of the United States decided Jam v. International Finance Corp., No. 17-1011, holding that the International Organizations Immunities Act of 1945 grants international organizations the...more
2/28/2019
/ Absolute Immunity ,
Appeals ,
Foreign Governments ,
Foreign Sovereign Immunities Act of 1976 (FSIA) ,
Foreign Sovereigns ,
Immunity ,
International Litigation ,
International Organizations ,
International Organizations Immunities Act of 1945 ,
Jam v International Finance Corporation ,
Qualified Immunity ,
Reversal ,
SCOTUS ,
Statutory Interpretation
On February 25, 2019, the U.S. Supreme Court decided Yovino v. Rizo, holding that the federal courts may not count the vote of a judge who dies before the decision is issued, even if the judge had indicated a vote before he...more
On June 22, 2018, the United States Supreme Court decided Carpenter v. U.S., No. 16-402, holding that law enforcement, absent exigent circumstances, must get a warrant to obtain cell-site location information (CSLI) that...more
6/25/2018
/ Carpenter v US ,
Cell Phones ,
Cell Site Location Information (CSLI) ,
Criminal Convictions ,
Electronic Records ,
Electronically Stored Information ,
Exigent Circumstances ,
Fourth Amendment ,
Geolocation ,
Location Data ,
Probable Cause ,
Reasonable Expectation of Privacy ,
Remand ,
Reversal ,
SCOTUS ,
Third-Party ,
Warrantless Searches
On June 4, 2018, the Supreme Court of the United States decided Masterpiece Cakeshop, Ltd. v. Colorado Civil Rights Commission, No. 16-111, holding that the Colorado Civil Rights Commission violated the Free Exercise Clause...more
On February 21, 2018, the United States Supreme Court decided Murphy v. Smith, No. 16-1067, holding that when a prisoner receives a judgment under certain civil rights statutes, the district court must apply as much of the...more
2/22/2018
/ 42 U.S.C. §1983 ,
Appeals ,
Attorney's Fees ,
Civil Rights Act ,
Judicial Discretion ,
Money Judgment ,
Murphy v Smith ,
Prison Guards ,
Prisoners ,
Reaffirmation ,
Reversal ,
SCOTUS
On February 20, 2018, the U.S. Supreme Court decided CNH Industrial N.V. v. Reese, holding in a per curium opinion that collective-bargaining agreements are to be interpreted according to ordinary principles of contract law,...more
On June 19, 2017, the United States Supreme Court decided Packingham v. North Carolina, No. 15-1194, holding that a North Carolina statute that bars registered sex offenders from accessing social networking websites that...more
On May 26, 2015, the U.S. Supreme Court decided Wellness International Network, Ltd. v. Sharif, (No. 13-935), holding that Article III does not prevent bankruptcy judges from entering final judgment on claims that seek only...more
5/28/2015
/ Alter Ego ,
Appeals ,
Article III ,
Bankruptcy Code ,
Judicial Authority ,
Remand ,
Reversal ,
SCOTUS ,
Stern v Marshall ,
Trust Assets ,
Wellness International Network v Sharif