The Supreme Court of the United States issued one decision today:
Barnes v. Felix, No. 23-1239: This criminal procedure case concerns the proper scope of analysis for Fourth Amendment excessive force claims....more
Today, the Supreme Court of the United States granted certiorari in two cases:
Ellingburg v. United States, No. 23-3129: This case addresses the Ex Post Facto Clause of the U.S. Constitution, which the government...more
4/8/2025
/ Appeals ,
Certiorari ,
Constitutional Challenges ,
Criminal Procedure ,
Criminal Prosecution ,
Due Process ,
Ex Post Facto Clause ,
Penal Code ,
Retroactive Application ,
SCOTUS ,
Sixth Amendment ,
Statutory Interpretation
The Supreme Court of the United States issued two decisions today:
FDA v. Wages and White Lion Investments, L.L.C., No. 23-1038: This case concerns the validity of the FDA’s denial of electronic cigarette manufacturers’...more
4/3/2025
/ Appeals ,
Bodily Injury ,
Damages ,
E-Cigarettes ,
Employment Litigation ,
False Advertising ,
Food and Drug Administration (FDA) ,
Marijuana ,
Marketing ,
Medical Marijuana ,
Regulatory Authority ,
RICO ,
SCOTUS ,
Split of Authority ,
Tobacco Regulations
Yesterday, the Supreme Court of the United States issued two decisions:
Bondi v. VanDerStok, No. 23-852: This case addresses a statutory challenge to ATF regulations designed to prohibit ghost guns—privately made...more
3/28/2025
/ Appeals ,
ATF ,
Avoidance ,
Bankruptcy Code ,
Firearms ,
Judicial Authority ,
SCOTUS ,
Sovereign Immunity ,
State Law Claims ,
Statute of Limitations ,
Statutory Interpretation
Today, the Supreme Court of the United States granted certiorari in one case:
Barrett v. United States, No. 24-5774: A jury convicted Dwayne Barrett of robbery under the Hobbs Act, 18 U.S.C. § 1951, which prohibits...more
3/4/2025
/ Appeals ,
Appellate Courts ,
Constitutional Challenges ,
Criminal Convictions ,
Double Jeopardy ,
Extortion ,
Fifth Amendment ,
Firearms ,
Hobbs Act ,
Interstate Commerce ,
SCOTUS ,
Sentencing
The Supreme Court of the United States issued two decisions today:
Dewberry Group, Inc. v. Dewberry Engineers, Inc., No. 23-900: The Court held that in awarding the “defendant’s profits” to the prevailing plaintiff in a...more
2/27/2025
/ Appeals ,
Arbitration ,
Damages ,
FRCP 60(b) ,
Lanham Act ,
Litigation Strategies ,
SCOTUS ,
Trademark Infringement ,
Trademark Litigation ,
Trademarks ,
Voluntary Dismissals
The Supreme Court of the United States issued three decisions today:
Wisconsin Bell, Inc. v. United States, ex rel. Heath, No. 23-1127: This case considers whether reimbursement requests submitted to the Federal...more
2/24/2025
/ Administrative Procedure ,
Appeals ,
Department of Justice (DOJ) ,
Enforcement ,
Exhaustion Doctrine ,
Expropriation ,
False Claims Act (FCA) ,
FCC ,
Foreign Sovereign Immunities Act of 1976 (FSIA) ,
Government Agencies ,
Hungary ,
SCOTUS ,
Telecommunications ,
Unemployment Benefits
The Supreme Court of the United States issued one decision today:
Andrew v. White, No. 23-6573: In this case, the Court addressed whether the State violated petitioner Brenda Andrew’s due process rights when, during her...more
1/22/2025
/ Admissible Evidence ,
Appeals ,
Certiorari ,
Civil Rights Act ,
Constitutional Challenges ,
Criminal Prosecution ,
Due Process ,
Evidence ,
First Amendment ,
Fourteenth Amendment ,
Habeas Corpus ,
SCOTUS ,
Statutory Interpretation
On January 10, 2025, the Supreme Court of the United States granted certiorari in three cases:
Becerra v. Braidwood Management, Inc., No. 24-316: This case addresses the constitutionality of the U.S. Preventive Services...more
1/14/2025
/ Administrative Procedure ,
Affordable Care Act ,
Appeals ,
Constitutional Challenges ,
Department of Education ,
Department of Health and Human Services (HHS) ,
Internal Revenue Code (IRC) ,
IRS ,
Preventive Health Care ,
SCOTUS ,
Student Loans
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
Biden v. Texas, No. 21-954: This case concerns the Migrant Protection Protocols (MPP) - also known as the “Remain in Mexico” policy - a former policy of the Department of Homeland Security (DHS) under which certain...more
Today, the Supreme Court of the United States issued the following two decisions:
United States v. Cooley, No. 19-1414: When a tribal officer saw a truck parked on the side of a public highway within the Crow...more
Today, the Supreme Court of the United States issued the following decision:
San Antonio v. Hotels.com, L.P., No. 20-334: Although the general rule in litigation is that each side bears its own attorney’s fees, certain...more
Today, the Supreme Court of the United States issued the following four decisions:
BP p.l.c. v. Mayor and City Council of Baltimore, No. 19-1189: Congress has commanded that generally, an order remanding a case back to...more
5/18/2021
/ Appeals ,
Certiorari ,
Civil Rights Act ,
Constitutional Challenges ,
Criminal Convictions ,
Criminal Procedure ,
Firearms ,
Income Taxes ,
IRS ,
Jury Verdicts ,
Law Enforcement ,
Officer Removal ,
Petition for Writ of Certiorari ,
Post Conviction Relief Act ,
Remand ,
SCOTUS ,
Search Warrant
Servotronics, Inc. v. Rolls-Royce PLC, No. 20-794: Whether the discretion granted to district courts in 28 U.S.C. §1782(a) to render assistance in gathering evidence for use in “a foreign or international tribunal”...more
Today, the Supreme Court of the United States issued the following decision:
Uzuegbunam v. Preczewski, No. 19-968: Petitioner Chike Uzuegbunam, while attending Georgia Gwinnett College – a public college – sought to...more
Today, the Supreme Court of the United States issued the following three decisions:
Federal Republic of Germany v. Philipp, No. 19-351: In this Foreign Sovereign Immunities Act (“FSIA”) case, the respondents - heirs of...more
2/4/2021
/ Appeals ,
Art Collections ,
Certiorari ,
Eminent Domain ,
Fine Art ,
Foreign Sovereign Immunities Act of 1976 (FSIA) ,
Forum Non Conveniens ,
Germany ,
Judicial Review ,
Jurisdiction ,
Natural Gas Act ,
Railroad Retirement Tax Act (RRTA) ,
Railroads ,
Remand ,
Retirement Plan ,
SCOTUS ,
Stolen Goods ,
Vacated
Chicago v. Fulton, No. 19-357: Under the Bankruptcy Code, filing a bankruptcy petition creates a bankruptcy estate and also operates as a stay on any entity’s efforts to collect from the debtor outside the bankruptcy forum....more
Rutledge v. Pharmaceutical Care Management Assn., No. 18-540: Arkansas’ Act 900 regulates the price at which pharmacy benefit managers (“PBMs”) reimburse pharmacies for the cost of drugs covered by prescription-drug plans....more
12/11/2020
/ Appeals ,
Criminal Penalties ,
Drug Pricing ,
Employee Retirement Income Security Act (ERISA) ,
Judicial Appointments ,
Military Service Members ,
Pharmacy Benefit Manager (PBM) ,
Preemption ,
Prescription Drugs ,
Rape ,
Religious Freedom Restoration Act (RFRA) ,
SCOTUS ,
State Constitutions
Brnovich v. Democratic Nat. Comm., No. 19-1257; Arizona Republican Party v. Democratic Nat. Comm., No. 19-1258: 1) Does Arizona’s out-of-precinct policy - which does not count provisional ballots cast in person on Election...more
10/5/2020
/ Administrative Appeals ,
Appeals ,
Arbitrary and Capricious ,
Asylum ,
Department of Justice (DOJ) ,
FCC ,
Immigration Procedures ,
Political Parties ,
Remand ,
Removal ,
Telecommunications Act ,
Voting Rights ,
Voting Rights Act
The Supreme Court of the United States issued the following decisions:
Trump v. Mazars USA, LLP, No. 19-715; Trump v. Deutsche Bank AG, No. 19-760: In April 2019, three United States House of Representatives’ committees...more
7/13/2020
/ Appeals ,
Congressional Committees ,
Congressional Subpoenas ,
Conservators ,
Constitutional Challenges ,
Donald Trump ,
Executive Branch ,
Facebook ,
Fannie Mae ,
FHFA ,
Foreign Interference in US Elections ,
Freddie Mac ,
Income Taxes ,
Major Crimes Act ,
Money Laundering ,
Native American Issues ,
Remand ,
SCOTUS ,
Separation of Powers ,
Tax Returns ,
TCPA ,
Terrorism Funding ,
Trump v Deutsche Bank AG ,
Trump v Mazars USA LLP ,
Trump v Vance ,
Vacated ,
Valid Legislative Purpose
Our Lady of Guadalupe School v. Morrissey-Berru, No. 19-267: The Court has recognized that the First Amendment protects the right of religious institutions “to decide for themselves, free from state interference, matters of...more
7/8/2020
/ Age Discrimination ,
Americans with Disabilities Act (ADA) ,
Appeals ,
Disability Discrimination ,
Dismissals ,
Employment Discrimination ,
First Amendment ,
Freedom of Religion ,
Ministerial Exception ,
Ministerial Function ,
Our Lady of Guadalupe School v Morrissey-Berru ,
Religious Schools ,
Religious Workers ,
Reversal ,
SCOTUS ,
St James School v Biel ,
Teachers
Department of Homeland Security v. Thuraissigiam, No. 19-161. Under the Illegal Immigration Reform and Immigrant Responsibility Act (“IIRIRA”), Congress in 1996 crafted a system for processing aliens apprehended at or near...more
6/30/2020
/ 8 U.S.C. §1252(e)(2) ,
Appeals ,
Department of Homeland Security (DHS) ,
Department of Homeland Security v Thuraissigiam ,
Deportation ,
Detainees ,
Dismissals ,
Due Process ,
Expedited Actions Process ,
Illegal Immigration Reform and Immigrant Responsibility Act (IIRIRA) ,
Judicial Review ,
Non-Citizens ,
Political Asylum ,
Remand ,
Removal Orders ,
Reversal ,
SCOTUS ,
Suspension Clause ,
Unlawful Aliens ,
Writ of Habeus Corpus
Opati v. Republic of Sudan, No. 17-1268: Victims of a 1998 al Qaeda attack outside the United States Embassies in Kenya and Tanzania brought suit in federal court against the Republic of Sudan, alleging that Sudan had...more
5/24/2020
/ Al-Qaeda ,
Amended Complaints ,
Appeals ,
Bodily Injury ,
Congressional Intent ,
Exceptions ,
Foreign Sovereign Immunities Act of 1976 (FSIA) ,
Opati v Republic of Sudan ,
Preenactment Conduct ,
Punitive Damages ,
Remand ,
SCOTUS ,
State Sponsors of Terrorism ,
Sudan ,
Terrorist Acts ,
Vacated ,
Wrongful Death
Lucky Brand Dungarees, Inc. v. Marcel Fashions Group, Inc., No. 18-1086: Petitioner Lucky Brand Dungarees and respondent Marcel Fashions Group have been engaged in three separate rounds of trademark-related litigation over a...more
5/18/2020
/ Appeals ,
Claim Preclusion ,
Collateral Estoppel ,
Counterclaims ,
Defense Preclusion ,
Fashion Branding ,
Issue Preclusion ,
Lucky Brand Dungarees v Marcel Fashion Group ,
Motion to Dismiss ,
Release Agreements ,
Remand ,
Res Judicata ,
SCOTUS ,
Split of Authority ,
Subsequent Litigation ,
Trademark Litigation ,
Trademarks ,
Vacated