On July 1, 2024, the U.S. Supreme Court decided Moody et. al., v. NetChoice, LLC, and NetChoice, LLC, v. Paxton, in which the Eleventh Circuit and Fifth Circuit Courts of Appeals had reached opposite decisions about a state’s...more
On June 28, 2024, the Supreme Court issued its decision in Loper Bright Enterprises v. Raimondo, No. 22-451, overruling the doctrine of Chevron deference and holding that courts “must exercise their independent judgment in...more
On April 16, 2024, the U.S. Supreme Court decided Rudisill v. McDonough, Secretary of Veterans Affairs, No. 22-888, holding that servicemembers who, through separate periods of service, accrue educational benefits under both...more
On March 15, 2024, the U.S. Supreme Court decided Lindke v. Freed, No. 22-611, holding that a public official who prevents someone from commenting on the official’s social media page engages in state action under 42 U.S.C. §...more
On June 1, 2023, the U.S. Supreme Court decided Glacier Northwest, Inc., d/b/a Calportland v. International Brotherhood of Teamsters Local Union No. 174, No. 21-1449, reversing and remanding the decision below and holding...more
On May 25, 2023, the Supreme Court decided Tyler v. Hennepin County, Minnesota, No. 22-166, holding that, upon seizure of their real property for unpaid property taxes, the Takings Clause of the Fifth Amendment of the U.S....more
On February 22, 2023, the United States Supreme Court issued a decision in Helix Energy Solutions Group, Inc. v. Hewitt, No. 21-984, holding that a “daily rate worker” was not exempt from the FLSA’s overtime guarantees...more
2/23/2023
/ Employer Liability Issues ,
Employment Litigation ,
Exempt-Employees ,
Fair Labor Standards Act (FLSA) ,
Helix Energy Solutions Group Inc v Hewitt No 21-984 ,
Highly Compensated Employees ,
Minimum Salary ,
Over-Time ,
Salaried Employees ,
SCOTUS ,
Wage and Hour
On June 24, 2022, the U.S. Supreme Court decided Dobbs v. Jackson Women’s Health Organization, No. 19-1392, overturning Roe v. Wade and Planned Parenthood v. Casey and holding that those cases erred in deciding that whether...more
On June 21, 2022, the U.S. Supreme Court decided Carson ex rel. O.C. v. Makin, No. 20-1088, holding that the Free Exercise Clause of the First Amendment prohibits a state from imposing a nonsectarian requirement to receive...more
On May 23, 2022, the U.S. Supreme Court decided Morgan v. Sundance, Inc., No. 21-328, holding that the Federal Arbitration Act (FAA) does not authorize federal courts to create an “arbitration-specific procedural rule.”
...more
In many personal injury cases, including products cases, the most significant exposure is pain and suffering or similar damages that cannot readily be measured in dollars. Juries are usually constrained by specific testimony...more
On August 26, 2021, the U.S. Supreme Court decided Alabama Ass’n of Realtors v. Department of Health and Human Services, holding that it strains credulity to read the statute on which the federal Centers for Disease Control...more
On June 23, 2021, the U.S. Supreme Court decided Cedar Point Nursery et al. v. Hassid et al., holding that a California regulation that granted labor organizations a right to take access to an agricultural employer’s property...more
6/24/2021
/ Agricultural Workers ,
Cedar Point Nursery v Hassid ,
Farm Workers ,
Farms ,
Fifth Amendment ,
Fourteenth Amendment ,
Just Compensation ,
SCOTUS ,
Takings Clause ,
Unions ,
United Farm Workers
On June 17, 2021, the U.S. Supreme Court decided Fulton v. Philadelphia, unanimously holding, with multiple concurring opinions, that Philadelphia violated a Catholic organization’s religious rights when it excluded that...more
On May 24, 2021, the U.S. Supreme Court decided Guam v. United States, holding that contribution under CERCLA does not arise until there is a CERCLA-specific liability, even if there is a settlement that resolves liability...more
5/27/2021
/ CERCLA ,
Clean Water Act ,
Clean-Up Costs ,
Consent Decrees ,
Contribution Claims ,
Cost Recovery ,
Environmental Liability ,
Environmental Protection Agency (EPA) ,
Environmental Remediation Costs ,
Guam ,
Guam v United States ,
Hazardous Waste ,
SCOTUS ,
Statute of Limitations ,
U.S. Navy
On December 10, 2020, the United States Supreme Court reversed the Third Circuit Court of Appeals in Carney v. Adams, No. 19-309 (10-December-2020), holding that James Adams, a political independent, did not have Article III...more