Yesterday was a day of unanimity at the U.S. Supreme Court, and what the Justices were unanimous about was a textually literal approach to applying dictionary definitions to resolve statutory disputes....more
2/27/2025
/ Appeals ,
Arbitration ,
Civil Rights Act ,
Employment Discrimination ,
Employment Litigation ,
Federal Rules of Civil Procedure ,
Lanham Act ,
Reverse Discrimination ,
SCOTUS ,
Title VII ,
Trademark Infringement ,
Trademarks
The U.S. Supreme Court decided three cases on Thursday, one of them on the main sequence of the practices of most of the readers of this blog and the others worth knowing about, both as lawyers and as citizens....more
5/24/2024
/ Arbitration ,
Arbitration Agreements ,
Armed Career Criminal Act of 1984 ,
Contract Terms ,
Criminal Convictions ,
Dispute Resolution ,
Illegal Drugs ,
Minorities ,
Racial Gerrymandering ,
SCOTUS ,
Voting Rights
Of the four cases decided last Friday, the one that likely pertains to the largest number of this blog’s readers is Coinbase, Inc. v. Bielski, a 5-4 opinion delivered by Justice Kavanaugh, who wrote for himself, the Chief...more
6/26/2023
/ Arbitration ,
Article III ,
Automatic Stay ,
Biden Administration ,
Coinbase ,
Coinbase Inc v Bielski ,
Confessions ,
Confrontation Clause ,
Criminal Prosecution ,
Evidence ,
Federal Arbitration Act ,
First Amendment ,
Immigrants ,
Immigration Procedures ,
Interlocutory Appeals ,
Motion to Compel ,
Removal Orders ,
Samia v United States ,
Sixth Amendment ,
Standing ,
United States v Hansen ,
US v Texas
On June 15, the Court decided five cases and dismissed a sixth. A case of great importance to health care lawyers, regarding the availability of judicial review of Medicare rates for pharmaceuticals, and another of great...more
The Court has had a busy day, having decided cases of significance to litigators and interest groups, but none is the blockbuster decision in societally divisive matters that the general public has been awaiting. In short,...more
Litigators who defend cases brought under the Fair Labor Standards Act (“FLSA”), particularly ‘collective actions” alleging wage-and-hour violations, often have been able to counter, or even sometimes support, allegations...more
Despite a large list of argued cases pending decision, the Court decides just two of them today—neither of them Dobbs....more
There has been a good deal of recent attention given to the Supreme Court’s so-called “shadow docket,” a term that refers generally to the Court’s (conservative majority’s) issuing brief orders and unsigned opinions resolving...more
The Court has decided the latest in a series of important cases interpreting the reach of the Federal Arbitration Act (FAA), 9 U. S. C. §§ 1 et seq....more
The Court has decided the latest in a series of important cases interpreting the reach of the Federal Arbitration Act (FAA), 9 U. S. C. §§ 1 et seq....more