Nestlé USA, Inc. v. Doe I, No. 19-416; Cargill, Inc. v. Doe I, No. 19-453: 1) Whether an aiding and abetting claim against a domestic corporation brought under the Alien Tort Statute, 28 U.S.C. §1350, may overcome the...more
Seila Law LLC v. Consumer Financial Protection Bureau, No. 19-7: Congress established the Consumer Financial Protection Bureau (“CFPB”) in light of the 2008 financial crisis to be an independent regulatory agency. Unlike...more
Patent and Trademark Office v. Booking.com B. V., No. 19-46: Federal trademark law makes generic names, i.e., the name of a class of products or services, ineligible for federal trademark registration. Here, respondent...more
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
Department of Homeland Security v. Regents of Univ. of Cal., No. 18-587; Trump v. NAACP, No. 18-588; Wolf v. Vidal, No. 18-589: In 2012, the Department of Homeland Security (“DHS”) announced the Deferred Action for Childhood...more
6/22/2020
/ Administrative Procedure Act ,
Arbitrary and Capricious ,
Citizenship ,
DACA ,
Department of Homeland Security (DHS) ,
Department of Homeland Security v Regents of the University of California ,
Educational Institutions ,
Path To Citizenship ,
Rescission ,
SCOTUS ,
Trump Administration ,
Trump v NAACP ,
USCIS ,
Wolf v Vidal ,
Work Permits
Liu v. SEC, No. 18-1501: The SEC brought a civil action against petitioners Charles Liu and Xin (Lisa) Wang, a married couple who solicited nearly $27 million from foreign investors under a private offering memorandum...more
6/22/2020
/ 15 U.S.C. § 78u(d)(5) ,
Administrative Authority ,
Business Expenses ,
Calculation of Damages ,
Corporate Misconduct ,
Disgorgement ,
Enforcement Actions ,
Equitable Relief ,
Kokesh v SEC ,
Liu v Securities and Exchange Commission ,
Net Profits ,
Remedies ,
SCOTUS ,
Securities and Exchange Commission (SEC)
Today, the Supreme Court of the United States issued the following opinions:
Bostock v. Clayton County, No. 17-1618; Altitude Express, Inc. v. Zarda, No. 17-1623; R. G. & G. R. Harris Funeral Homes, Inc. v. Equal...more
6/16/2020
/ Altitude Express Inc v Zarda ,
Bostock v Clayton County Georgia ,
Certiorari ,
Civil Rights Act ,
EEOC v RG & GR Harris Funeral Homes ,
Employment Litigation ,
Gender Identity ,
Hiring & Firing ,
LGBTQ ,
SCOTUS ,
Sex Discrimination ,
Sexual Orientation ,
Sexual Orientation Discrimination ,
Title VII ,
Transgender
Today, the Supreme Court of the United States issued the following opinion:
Lomax v. Ortiz-Marquez, No. 18-8369: Petitioner Arthur J. Lomax is an inmate who filed this in forma pauperis (“IFP”) lawsuit against prison...more
Thole v. U. S. Bank N. A., No. 17-1712: Plaintiffs-petitioners James Thole and Sherry Smith are two retired participants in respondent U.S. Bank N.A.’s defined-benefit plan. They brought a putative class action under ERISA...more
6/3/2020
/ Appointments Clause ,
Arbitration ,
Article III ,
Convention Against Torture (CAT) ,
Deportation ,
Employee Retirement Income Security Act (ERISA) ,
Federal Rules of Civil Procedure ,
Habeas Corpus ,
New York Convention ,
Prisoners ,
Puerto Rico ,
Puerto Rico Oversight Management and Economic Stability Act (PROMESA) ,
Standing ,
Substantial Evidence Standard ,
Thole v U.S. Bank
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
Kelly v. United States, No. 18-1059: When the mayor of Fort Lee, New Jersey refused to back then-Governor Chris Christie’s reelection campaign, the Governor’s Deputy Chief of Staff, Bridget Anne Kelly, and others punished the...more
CIC Services, LLC v. Internal Revenue Service, et al., No. 19-930: Whether the Anti-Injunction Act’s bar on lawsuits for the purpose of restraining the assessment or collection of taxes also bars challenges to unlawful...more
Maine Community Health Options v. United States, No. 18-1023: The Patient Protection and Affordable Care Act (“ACA”) – as part of its goal to expand healthcare coverage – established online marketplace exchanges where...more
Today, the Supreme Court of the United States issued the following three opinions:
Thryv, Inc. v. Click-To-Call Technologies, LP, No. 18-916: Patent challengers are able to ask the U.S. Patent and Trademark Office (“PTO”)...more
4/21/2020
/ Atlantic Richfield Co v Christian ,
CERCLA ,
Certiorari ,
Common Law Claims ,
Constitutional Challenges ,
Criminal Prosecution ,
Exclusive Jurisdiction ,
Inter Partes Review (IPR) Proceeding ,
Judicial Review ,
Patents ,
SCOTUS ,
Sixth Amendment ,
Thryv Inc v Click-To-Call Technologies LP
Babb v. Wilkie, No. 18-882: Petitioner Norris Babb, a clinical pharmacist at the U.S. Department of Veterans Affairs, brought an age discrimination suit against the Secretary of Veterans Affairs (“VA”). The federal-sector...more
Republican National Committee v. Democratic National Committee, No. 19A1016: The State of Wisconsin’s primary election is set for today, April 7. Plaintiffs including the Democratic National Committee, Democratic Party of...more
Today, the Supreme Court of the United States issued the following opinion:
CITGO Asphalt Refining Co. v. Frescati Shipping Co., No. 18-565: This admiralty suit involves the meaning of a maritime contract’s “safe-berth...more
Comcast Corp. v. National Assn. of African American-Owned Media, No. 18-1171: An African American-owned television-network operator, Entertainment Studios Network (“ESN”), unsuccessfully tried to have Comcast carry its...more
3/26/2020
/ Copyright Infringement ,
Criminal Penalties ,
Due Process ,
Exonerate ,
Federal Sentencing Guidelines ,
Immigration and Nationality Act ,
Judicial Review ,
Mental Illness ,
Patent Infringement ,
Pleading Standards ,
Sovereign Immunity
TODAY, THE SUPREME COURT GRANTED CERTIORARI IN ONE CASE:
Jones v. Mississippi, No. 18-1259: Whether the Eighth Amendment requires the sentencing authority to make a finding that a juvenile is permanently incorrigible...more
Today, the Supreme Court of the United States issued the following opinion:
Kansas v. Garcia, No. 17-834: The Immigration Reform and Control Act of 1986 (“IRCA”) makes it unlawful to hire an alien knowing that he or she is...more
This morning, the Supreme Court of the United States granted certiorari in the following cases:
California v. Texas, No. 19-840; Texas v. California, No. 19-1019: A petition for a writ of certiorari and conditional...more
3/2/2020
/ Affordable Care Act ,
Armed Career Criminal Act of 1984 ,
Article III ,
Certiorari ,
Constitutional Challenges ,
Due Process ,
Federal Sentencing Guidelines ,
FOIA ,
Mens Rea ,
SCOTUS ,
Sentencing Enhancements ,
Severability Doctrine ,
Standing
Today, the Supreme Court of the United States issued the following three opinions:
Intel Corp. Investment Policy Comm. v. Sulyma, No. 18-1116: The Employee Retirement Income Security Act of 1974 (“ERISA”) demands that...more
Today, the Supreme Court of the United States issued the following four opinions:
Rodriguez v. FDIC, No. 18-1269: The Internal Revenue Service (“IRS”), under its statutes and regulations, allows an affiliated group of...more
2/26/2020
/ Child Abduction ,
Criminal Convictions ,
Customs and Border Protection ,
Death Penalty ,
FDIC ,
Fifth Amendment ,
Fourth Amendment ,
Hague Convention ,
IRS ,
Murder ,
PTSD ,
Residence Status ,
Tax Refunds ,
Tax Returns ,
Totality of Circumstances Test ,
Wrongful Death
Today, the Supreme Court of the United States issued the following opinion:
Roman Catholic Archdiocese of San Juan v. Acevedo Feliciano, No. 18-921: Active and retired employees of Catholic schools in Puerto Rico filed a...more