On June 3, 2019, the Supreme Court of the United States decided Fort Bend County, Texas v. Davis, No. 18-525, holding that the charge-filing precondition to suit of Title VII of the Civil Rights Act of 1964 is not a...more
6/5/2019
/ Affirmative Defenses ,
Amended Complaints ,
Appeals ,
Charge-Filing Preconditions ,
Civil Rights Act ,
Equal Employment Opportunity Commission (EEOC) ,
Forfeiture ,
Fort Bend County Texas v Davis ,
Jurisdictional Requirements ,
Mandatory Claim-Processing Rules ,
Reaffirmation ,
Reasonable Accommodation ,
Religious Discrimination ,
Retaliation ,
Reversal ,
SCOTUS ,
Time-Barred Claims ,
Title VII ,
Waiver Rule ,
Wrongful Termination
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 May 20, 2019, the Supreme Court decided Mission Product Holdings, Inc. v. Tempnology, LLC, No. 17–1657, holding that a bankruptcy debtor’s rejection of an executory trademark license under § 365 of the Bankruptcy Court...more
5/22/2019
/ Bankruptcy Appellate Panel (BAP) ,
Bankruptcy Code ,
Breach of Contract ,
Commercial Bankruptcy ,
Debtors ,
Exclusions ,
Executory Contracts ,
IP License ,
Mission Product Holdings Inc v Tempnology LLC ,
Rescission ,
Reversal ,
SCOTUS ,
Section 365 ,
Split of Authority ,
Trademark Licenses ,
Trademarks ,
Trustees
On May 20, 2019, the Supreme Court of the United States decided Herrera v. Wyoming, No. 17-532, holding that hunting rights in modern-day Montana and Wyoming that the Crow Tribe of Indians acquired under its 1868 treaty with...more
5/21/2019
/ Abrogation ,
Criminal Convictions ,
Expiration Date ,
Herrera v Wyoming ,
Hunting ,
Hunting & Fishing Licenses ,
Issue Preclusion ,
National Parks ,
Native American Issues ,
Occupied Lands ,
Repudiation ,
Reversal ,
SCOTUS ,
States Rights ,
Treaties ,
Tribal Lands ,
Tribal Treaty Rights ,
Vacated
On May 13, 2019, the Supreme Court decided Franchise Tax Board of California v. Hyatt, No. 17-1299, holding that a private party may not sue a non-consenting state in another state’s courts.
In Nevada v. Hall, 440 U.S. 410...more
5/14/2019
/ Article III ,
Constitutional Challenges ,
Franchise Tax Board of California v Hyatt ,
Judgment Creditors ,
Jury Verdicts ,
NV Supreme Court ,
Precedential Opinion ,
Reversal ,
SCOTUS ,
Sovereign Immunity ,
Stare Decisis ,
States Rights ,
Without Consent
On May 13, 2019, the Supreme Court decided Apple Inc. v. Pepper, No. 17-204, holding that iPhone owners who purchase apps from Apple’s App Store are “direct purchasers” from Apple and may sue Apple for alleged monopolization...more
5/14/2019
/ Antitrust Violations ,
Appeals ,
Apple Inc v Pepper ,
Class Action ,
Direct Purchasers ,
Dismissals ,
Internet Retailers ,
iPhone ,
Mobile Apps ,
Monopolization ,
Reversal ,
SCOTUS
On May 13, 2019, the Supreme Court decided Cochise Consultancy, Inc. v. United States ex rel. Hunt, No. 18-315, holding that the limitations period in 31 U.S.C. § 3731(b)(2) applies to False Claims Act (FCA) lawsuits in which...more
5/14/2019
/ Appeals ,
Cause of Action Accrual ,
Cochise Consultancy Inc v United States ex rel Hunt ,
Dismissals ,
False Claims Act (FCA) ,
Intervenors ,
Limitation Periods ,
Qui Tam ,
Reaffirmation ,
Relators ,
Reversal ,
SCOTUS ,
Statute of Limitations
On April 29, 2019, the Supreme Court of the United States decided Thacker v. Tennessee Valley Authority, No. 17-1201, holding that the “sue-and-be-sued” clause that waives the Tennessee Valley Authority’s (TVA) sovereign...more
4/30/2019
/ Appeals ,
Discretionary Functions ,
Employee Misconduct ,
Federal Tort Claims Act (FTCA) ,
Government-Owned Corporation ,
Negligence ,
Public Utility ,
Remand ,
Reversal ,
SCOTUS ,
Sovereign Immunity ,
Sue-and-Be-Sued Clause ,
Thacker v Tennessee Valley Authority ,
Waivers
On April 24, 2019, the Supreme Court decided Lamps Plus, Inc. v. Varela, No. 17-988, holding that courts may not compel classwide arbitration based on an ambiguous agreement.
In 2016, a hacker tricked a Lamps Plus employee...more
4/25/2019
/ Ambiguous ,
Appeals ,
Arbitration ,
Arbitration Agreements ,
Class Arbitration ,
Consent ,
Federal Arbitration Act ,
Federal v State Law Application ,
Jurisdiction ,
Lamps Plus Inc v Varela ,
Motion to Compel ,
Preemption ,
Reversal ,
SCOTUS
On March 20, 2019, the Supreme Court decided Obduskey v. McCarthy & Holthus LLP, No. 17-1307, holding that a business engaged in only nonjudicial foreclosure proceedings is not a “debt collector” for all purposes under the...more
On March 20, 2019, the Supreme Court issued a per curiam opinion in Frank v. Gaos, No. 17-961, declining to address whether the class-action settlement was fair, reasonable, and adequate under Fed. R. Civ. P. 23(e), and...more
On March 19, 2019, the Supreme Court decided Washington State Department of Licensing v. Cougar Den, Inc., No. 16-1498, holding that an 1855 treaty between the U.S. and the Yakama Nation exempts a tribal-owned company from...more
3/20/2019
/ Fuel Tax ,
Highways ,
Imports ,
Preemption ,
Reaffirmation ,
Right to Travel ,
SCOTUS ,
State Taxes ,
Tax Exempt ,
Treaties ,
Tribal Lands ,
WA Supreme Court ,
Washington State Department of Licensing v Cougar Den Inc
On March 19, 2019, the Supreme Court decided Air & Liquid Systems Corp. v. DeVries, No. 17-1104, holding that in the maritime tort context, a product manufacturer has a duty to warn when: 1) its product requires incorporation...more
3/20/2019
/ Actual or Constructive Knowledge ,
Air and Liquid Systems Corp et al v Devries et al ,
Appeals ,
Asbestos ,
Asbestos Litigation ,
Component Parts Doctrine ,
Duty to Warn ,
Intended Use ,
Manufacturers ,
Maritime Transport ,
Reaffirmation ,
SCOTUS ,
Toxic Exposure ,
U.S. Navy ,
Wrongful Death
On March 4, 2019, the Supreme Court of the United States decided Rimini Street, Inc. v. Oracle USA, Inc., No. 17-1625, holding that a court’s discretion under section 505 of the Copyright Act to award “full costs” to the...more
3/5/2019
/ Appeals ,
Copyright ,
Copyright Infringement ,
Copyright Litigation ,
Expert Fees ,
Judicial Discretion ,
Litigation Fees & Costs ,
Prevailing Party ,
Remand ,
Remedies ,
Reversal ,
Rimini Street Inc v Oracle USA Inc
On March 4, 2019, the Supreme Court of the United States decided Fourth Estate Public Benefit Corp. v. Wall-Street.com, LLC, No. 17-571, holding that under section 411(a) of the Copyright Act, a party may sue for copyright...more
3/5/2019
/ Appeals ,
Copyright ,
Copyright Exhaustion ,
Copyright Infringement ,
Copyright Registration ,
Damages ,
Fourth Estate Public Benefit Corp v Wall-Street.com LLC ,
Petition for Writ of Certiorari ,
SCOTUS ,
Solicitor General ,
Split of Authority ,
The Copyright Act ,
Uniformity
On March 4, 2019, the Supreme Court of the United States decided BNSF Railway Co. v. Loos, No. 17-1042, holding that a railroad’s payment to an employee for lost wages due to an on-the-job injury is taxable “compensation”...more
3/5/2019
/ Appeals ,
Back Pay ,
BNSF Railway ,
BNSF Railway Company v Loos ,
Compensation ,
Employer Liability Issues ,
Federal Employers’ Liability Act (FELA) ,
Lost Wages ,
Non-Taxable Income ,
Railroad Retirement Tax Act (RRTA) ,
Remand ,
Reversal ,
SCOTUS ,
Severance Pay ,
Taxable Income ,
Wage and Hour ,
Workplace Injury
On June 14, 2018, the Supreme Court of the United States decided Minnesota Voters Alliance v. Mansky, No. 16-1435, holding that Minnesota’s ban on the wearing of political apparel in the polling place violates the Free Speech...more
6/15/2018
/ Appeals ,
Constitutional Challenges ,
First Amendment ,
Free Speech ,
Minnesota Voters Alliance v Mansky ,
Non-Public Forum ,
Political Apparel Ban ,
Polling Place ,
Reversal ,
SCOTUS ,
Viewpoint Discrimination
On June 14, 2018, the Supreme Court of the United States decided Animal Science Products, Inc. v. Hebei Welcome Pharmaceutical Co. Ltd., No. 16-1220, holding that a federal court determining foreign law under Fed. R. Civ. P....more
6/15/2018
/ Animal Science Products Inc v Hebei Welcome Pharmaceutical Co Ltd ,
Antitrust Violations ,
Application of Foreign Laws ,
China ,
Comity ,
Exports ,
FRCP Rule 44.1 ,
Judicial Deference ,
Price-Fixing ,
Question of Law ,
Reversal ,
SCOTUS ,
Sherman Act
On June 11, 2018, the Supreme Court of the United States decided Sveen v. Melin, No. 16-1432, holding that the retroactive application of a Minnesota statute that revokes spousal beneficiary designations in insurance policies...more
On June 11, 2018, the United States Supreme Court decided Jon Husted, Ohio Secretary of State v. A. Philip Randolph Institute, et al., No. 16-980, holding that Ohio’s procedures for removing voters from its voter registration...more
On June 11, 2018, the Supreme Court of the United States decided China Agritech, Inc. v. Resh, No. 17-432, holding that a member of a failed federal class action may not use the tolling rule of American Pipe & Construction...more
On April 17, 2018, the Supreme Court decided Sessions v. Dimaya, No. 15-1498, holding in a 5-4 decision that the Immigration and Nationality Act’s definition of “crime of violence” is void for vagueness.
The Immigration and...more
4/18/2018
/ Aggravated Felony ,
Appeals ,
Constitutional Challenges ,
Criminal Convictions ,
Deportation ,
Fair-Notice Standard ,
Immigration and Nationality Act ,
Residual Clause ,
SCOTUS ,
Sessions v Dimaya ,
Vagueness ,
Violent Felonies ,
Void and Unenforceable
On April 2, 2018, the Supreme Court decided Encino Motorcars, LLC v. Navarro, No. 16-1362, holding in a 5-4 decision that the Fair Labor Standards Act (FLSA) exempts service advisors at car dealerships from the Act’s...more
4/3/2018
/ Automotive Industry ,
Car Dealerships ,
Exempt-Employees ,
Fair Labor Standards Act (FLSA) ,
Minimum Salary ,
Navarro v Encino Motorcars ,
Non-Exempt Employees ,
Over-Time ,
Sales Commissions ,
SCOTUS ,
Service Advisors ,
Wage and Hour
On June 23, 2017 the U.S. Supreme Court decided Perry v. Merit Systems Protection Board, holding that when the Merit Systems Protection Board dismisses a government employee’s “mixed case” (a case where the employee claims...more
On May 1, 2017, the Supreme Court decided Bolivarian Republic of Venezuela v. Helmerich & Payne International Drilling Co., No. 15-423, holding that a federal court has jurisdiction over a lawsuit against a foreign sovereign...more