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
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
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
Today, the Supreme Court of the United States issued two opinions:
Ritzen Group, Inc. v. Jackson Masonry, LLC, No. 18-938: After petitioner Ritzen Group brought a breach of contract claim against respondent Jackson Masonry...more
1/15/2020
/ Appeals ,
Automatic Stay ,
Breach of Duty ,
Commercial Bankruptcy ,
Corporate Officers ,
Duty of Prudence ,
Employee Retirement Income Security Act (ERISA) ,
Employee Stock Purchase Plans ,
ESOP ,
Failure To Disclose ,
Federal Rules of Bankruptcy Procedure ,
Fiduciary Duty ,
Motion for Relief from Automatic Stay ,
Plan Participants ,
Retirement Plans Committee of IBM v Jander ,
Right To Appeal ,
Ritzen Group Inc v Jackson Masonry LLC ,
SCOTUS ,
Time-Barred Claims
Today, the Supreme Court of the United States issued the following opinion:
Peter v. NantKwest, Inc., No. 18-801: Under the Patent Act, an adverse decision by the Patent and Trademark Office (“PTO”) can be appealed...more
This afternoon, the Supreme Court of the United States granted certiorari in the following cases:
Google LLC v. Oracle America, Inc., No. 18-956: 1) Whether copyright protection extends to a software interface. 2) Whether,...more
11/18/2019
/ Appeals ,
Armed Career Criminal Act ,
Certiorari ,
Copyright ,
Fair Use ,
Google ,
Mens Rea ,
Military Courts ,
Oracle ,
Rape ,
SCOTUS
The Supreme Court of the United States issued three decisions this morning:
Tennessee Wine and Spirits Retailers Assn. v. Thomas, No. 18-96: The State of Tennessee has a number of laws imposing durational-residency...more
6/27/2019
/ Appeals ,
Auer Deference ,
Commerce Clause ,
Fifth Amendment ,
Kisor v Wilkie ,
Liquor Licences ,
Preponderance of the Evidence ,
Residency Status ,
Sixth Amendment ,
Stare Decisis ,
Tennessee Wine & Spirits Retailers Association v Thomas ,
Twenty-First Amendment ,
Veterans Administration ,
Veterans' Benefits ,
Wine & Alcohol
The Supreme Court of the United States issued four decisions on June 24, 2019:
Iancu v. Brunetti, No. 18-302: Respondent Erik Brunetti founded a clothing line that uses as its trademark four letters that though spelled...more
6/25/2019
/ Affordable Care Act ,
Appeals ,
Appropriations Bill ,
Certiorari ,
Copyright ,
Department of Agriculture ,
Equitable Tolling ,
Federal Funding ,
Firearms ,
FOIA ,
Food Marketing Institute v Argus Leader Media ,
Habeas Corpus ,
Hobbs Act ,
Iancu v. Brunetti ,
Inter Partes Review (IPR) Proceeding ,
Patent Trial and Appeal Board ,
Punitive Damages ,
Robbery ,
Scandalous/Immoral Marks ,
SCOTUS ,
SNAP Program ,
The Dutra Group v Batterton ,
Unseaworthiness Claims ,
USDA ,
Workplace Injury
The Supreme Court of the United States issued the following decision this morning:
Thacker v. TVA, No. 17-1201: The Tennessee Valley Authority (“TVA”) is a federally-created and Government-owned corporation that...more
4/30/2019
/ Appeals ,
Discretionary Functions ,
Employee Misconduct ,
Federal Tort Claims Act (FTCA) ,
Government-Owned Corporation ,
Negligence ,
Public Utility ,
Remand ,
Reversal ,
SCOTUS ,
Sovereign Immunity ,
Sue-and-Be-Sued Clause ,
Thacker v Tennessee Valley Authority ,
Waivers
The Supreme Court of the United States issued the following decision this morning:
Lamps Plus, Inc. v. Varela, No. 17-988: Respondent Frank Varela, an employee of petitioner Lamps Plus, brought a putative class action in...more
Today, the Supreme Court issued three decisions:
Rimini Street, Inc. v. Oracle USA Inc., No. 17-1625: Section 505 of the Copyright Act permits courts to award “full costs” to a party in a civil action. Broadly interpreting...more
3/6/2019
/ Appeals ,
BNSF Railway Company v Loos ,
Certiorari ,
Copyright ,
Copyright Exhaustion ,
Copyright Infringement ,
Copyright Litigation ,
Copyright Registration ,
Damages ,
Expert Fees ,
Fourth Estate Public Benefit Corp v Wall-Street.com LLC ,
Judicial Discretion ,
Litigation Fees & Costs ,
Prevailing Party ,
Railroad Retirement Tax Act (RRTA) ,
Rimini Street Inc v Oracle USA Inc ,
SCOTUS ,
Split of Authority ,
The Copyright Act ,
USPTO
Today, the Supreme Court issued one decision:
Yovino v. Rizo, No. 18-272: Eleven days after Judge Stephen Reinhardt passed away, the Ninth Circuit filed an en banc decision listing Judge Reinhardt as the author of the...more
2/26/2019
/ Appeals ,
Certiorari ,
Deceased ,
Discovery Rule ,
En Banc Review ,
Equal Pay Act ,
FDCPA ,
Judge Reinhardt ,
Judicial Review ,
Precedential Opinion ,
Reversal ,
SCOTUS ,
Yovino v Rizo