ERISA’s prohibited transaction rules are notoriously complex and opaque. On August 4, 2023, the Ninth Circuit issued an important decision on those prohibited transaction rules that arguably conflicts with decision from the...more
Recently, federal appellate courts have begun tightening the pleading standards for ERISA breach of fiduciary duty claims based on the fees or performance of funds in 401(k) and 403(b) plans. To state a viable claim based on...more
On July 20, 2023, a federal judge in Massachusetts rejected defendants’ request to certify an interlocutory appeal to the First Circuit to clarify the proper pleading standard for ERISA breach-of-duty claims. See Monteiro v....more
Today, in the last day of the 2022-2023 term, the Supreme Court of the United States issued three decisions:
Department of Education v. Brown, No. 22-535; Biden v. Nebraska, No. 22-506: These cases addressed suits...more
7/3/2023
/ 303 Creative LLC v Elenis ,
Administrative Authority ,
Biden Administration ,
Civil Rights Act ,
Constitutional Challenges ,
Consumer Financial Products ,
Criminal Procedure ,
Debt Relief ,
Department of Education ,
Fifth Amendment ,
Financial Services Industry ,
First Amendment ,
Free Speech ,
LGBTQ ,
Loan Forgiveness ,
Notice Requirements ,
Relief Measures ,
Securities and Exchange Commission (SEC) ,
Seventh Amendment ,
Statutory Authority ,
Student Loans ,
Title VII
The Supreme Court of the United States issued four decisions today:
Students for Fair Admissions v. President and Fellows of Harvard; Students for Fair Admissions v. University of North Carolina, Nos. 20-1199, 21-707:...more
6/30/2023
/ Affirmative Action ,
Civil Rights Act ,
College Admissions ,
Colleges ,
Diversity ,
Educational Institutions ,
Equal Protection ,
Groff v DeJoy ,
Lanham Act ,
Religious Accommodation ,
SCOTUS ,
Students for Fair Admissions v Harvard College ,
Students for Fair Admissions v University of North Carolina ,
Title VII ,
Trademark Infringement ,
Trademarks ,
Undue Hardship ,
Universities ,
USPS
Today, the Supreme Court of the United States issued three decisions:
Mallory v. Norfolk Southern R. Co., No. 21-1168: This case addressed whether companies consent to jurisdiction in states where they have registered to...more
The Supreme Court of the United States granted certiorari in two cases:
Rudisill v. McDonough, No. 22-888: This case concerns veterans’ entitlement to educational benefits under the Montgomery G.I. Bill and the Post-9/11...more
The Supreme Court of the United States issued four decisions today:
United States v. Texas, No. 22-58: This administrative law and separation of powers case addressed the ability of states to sue the executive branch...more
6/26/2023
/ Arbitration ,
Coinbase Inc v Bielski ,
Confrontation Clause ,
Constitutional Challenges ,
Criminal Procedure ,
Federal Arbitration Act ,
Federal Rules of Civil Procedure ,
Immigration and Nationality Act ,
Samia v United States ,
SCOTUS ,
Separation of Powers ,
Sixth Amendment ,
Statutory Interpretation ,
United States v Hansen ,
US v Texas
The Supreme Court of the United States issued four decisions today:
Arizona v. Navajo Nation, No. 21-1484: This case considered the federal government’s obligations related to the Navajo Tribe’s access of the Colorado...more
The Supreme Court of the United States granted certiorari in one case:
Department of Agriculture Rural Development Rural Housing Service v. Kirtz, No. 22-846: This case addresses a circuit split on the ability to sue the...more
The Supreme Court of the United States issued two decisions today:
United States ex rel. Polansky v. Executive Health Resources, Inc., No. 21-1052: This case concerned the scope of the government’s authority to dismiss a...more
The Supreme Court of the United States issued 3 decisions today:
Lac du Flambeau Band of Lake Superior Chippewa Indians v. Coughlin,No. 22-227: This statutory interpretation and federal Indian law case addressed the...more
6/16/2023
/ Bankruptcy Code ,
Chapter 13 ,
Constitutional Challenges ,
Criminal Procedure ,
Indian Child Welfare Act of 1978 (ICWA) ,
Minor Children ,
Native American Issues ,
Remedies ,
SCOTUS ,
Sovereign Immunity ,
Standing ,
State Sovereignty ,
Tribal Loans ,
Venue
Today, the Supreme Court of the United States issued three decisions:
Glacier Northwest, Inc. v. International Brotherhood of Teamsters Local Union, No. 174, No. 21-1449: This case involved the preemptive force of...more
On May 23, 2023, the U.S. District Court for the Western District of Missouri dismissed a putative ERISA class action challenging “excessive” fees in a 401(k) plan. Barrett v. O’Reilly Automotive, Inc., 6:22-cv-03111-BCW...more
Today, the Supreme Court of the United States issued three decisions:
Tyler v. Hennepin County, No. 22-166: This case involved the Fifth Amendment’s “Takings Clause” in the context of seizing property to collect unpaid...more
Today, the Supreme Court of the United States issued one decision:
Calcutt v. Federal Deposit Insurance Corp., No. 21-714: This case involved review of the Federal Deposit Insurance Corp.’s (FDIC) disciplinary order...more
Today, the Supreme Court of the United States issued six decisions:
Amgen Inc. v. Sanofi, No. 21-757: This case addressed the Patent Act’s “enablement” requirement—the provision that requires a patent applicant to describe...more
5/19/2023
/ Amgen ,
Andy Warhol Foundation for the Visual Arts Inc v Goldsmith ,
Antiterrorism Act ,
Communications Decency Act ,
Corporate Liability ,
Enablement Inquiries ,
Fair Use ,
Fine Art ,
Google ,
IP License ,
IRS ,
Jurisdiction ,
National Guard ,
Patents ,
Photographs ,
Public Employees ,
Sanofi ,
SCOTUS ,
Social Media ,
Summons ,
Third-Party Service Provider ,
Twitter ,
Unfair Labor Practices
Today, the Supreme Court of the United States granted certiorari in two cases:
Carnahan v. Maloney, No. 22-425: This is an Article III standing case arising from the federal statute, 5 U.S.C. § 2954, that directs...more
Today, the Supreme Court of the United States issued five decisions:
National Pork Producers Council v. Ross, No. 21-468: This case involved a constitutional challenge to California’s “animal cruelty law” known as...more
5/12/2023
/ Animal Cruelty ,
Bid Rigging ,
Board of Immigration Appeals ,
Criminal Convictions ,
Dormant Commerce Clause ,
Exhaustion Doctrine ,
Financial Oversight and Management Board (Oversight Board) ,
Fraud ,
Public Corruption ,
Puerto Rico ,
SCOTUS ,
Sovereign Immunity ,
Wire Fraud
Today, the Supreme Court of the United States granted certiorari in two cases:
Loper Bright Enterprises v. Raimondo, No. 22-451: This case involves the level of deference courts must apply to administrative agency...more
Today, the Supreme Court of the United States granted certiorari in two cases:
Lindke v. Freed and O’Connor-Ratcliff v. Garnier, Nos. 22-611, 22-324: Both cases involve whether and to what extent public officials’ activity...more
Today, the Supreme Court of the United States issued three decisions:
MOAC Mall Holdings LLC v. Transform Holdco LLC, No. 21-1270: This bankruptcy case involved the interpretation of Bankruptcy Code § 363(m) and its...more
4/21/2023
/ Appellate Courts ,
Bankruptcy Code ,
Constitutional Challenges ,
Criminal Procedure ,
Criminal Prosecution ,
DNA ,
Due Process ,
Foreign Banks ,
Foreign Sovereign Immunities Act of 1976 (FSIA) ,
Jurisdiction ,
SCOTUS ,
Turkey
Today, the Supreme Court of the United States issued one decision:
New York v. New Jersey, No. 22O156: This case was heard pursuant to the Court’s original jurisdiction and addressed whether New York could prevent New...more
Today, the Supreme Court of the United States issued one decision:
Axon Enterprise, Inc. v. FTC and SEC v. Cochran, Nos. 21-86, 21-1239: These cases address the proper timing and venue for asserting constitutional...more
Today, the Supreme Court of the United States issued one decision:
Wilkins v. United States, No. 21-1164: This case considered the question of whether the 12-year statute of limitations in the Quiet Title Act is...more