News & Analysis as of

Certiorari

Ag-Gag Law Update

by Husch Blackwell LLP on

On January 16, 2018, we updated our blogging on so-called “ag-gag” laws – statutes designed to prevent undercover recording of unlawful practices on farms and processing centers. ...more

Hughes v. United States: After 40 Years, Will the Supreme Court Hit the Marks?

by K&L Gates LLP on

How do the lower courts apply a Supreme Court decision when there is no majority opinion to serve as precedent? This problem happens more often than one would think: Four justices take part in a plurality opinion, and one...more

Colorado House Passes Fracking Measure, Supports More Local Input Over Projects

by Holland & Knight LLP on

The Colorado legislature took an important step toward solidifying greater community-control leverage over fracking operations via HB18-1071, introduced by State Rep. Joe Salazar (D-Adams) in January 2018. The bill would...more

Court Grants Rehearing In Light Of Wi-Fi One

by Jones Day on

Eleven days after the Federal Circuit’s en banc opinion in Wi-Fi Onc, LLC v. Broadcom Corp., Nos. 15-1944, -1945 & -1946 (Fed. Cir. Jan. 8, 2018), a three-judge panel granted a petition by patent owner Click-to-Call...more

Cert Alert: Cert Granted to Consider Whether Lost Profit Damages May Include Overseas Activities

by McDermott Will & Emery on

The Supreme Court of the United States has agreed to consider whether US patent owners can recoup some profits lost because of infringement that occurs outside of the United States. WesternGeco LLC v. ION Geophysical Corp.,...more

US Supreme Court To Consider Degree of Deference Courts Should Give Foreign Countries' Interpretation of Their Laws

On January 12, 2018, the United States Supreme Court granted certiorari in Animal Science Products v. Hebei Welcome Pharmaceutical Co. (In re Vitamin C Antitrust Litigation), No. 16-1220. The issue before the Supreme Court is...more

The Supreme Court Declines to Entertain Spokeo Round 2

On January 22, 2018, the United States Supreme Court declined to weigh in on the Article III standing bar set in its seminal 2016 decision, Spokeo v. Robins, in a dispute over alleged inaccuracies on a credit report when it...more

Supreme Court to Decide Whether Crime Victims Are Entitled to Mandatory Reimbursement of Internal Investigations Costs

by Seyfarth Shaw LLP on

On January 12, 2018, the United States Supreme Court granted certiorari in Lagos v. United States, No. 16-20146 (2018), which presents the question of whether victims (including corporate victims) are entitled to have their...more

U.S. Supreme Court To Review Ex-CEO's Appeal Regarding Restitution Of Legal Fees Associated With An Internal Investigation

by Shearman & Sterling LLP on

On January 12, 2018, the Supreme Court granted certiorari to hear an appeal from a two-judge, Fifth Circuit panel decision regarding whether federal law permits restitution orders in criminal cases to cover the costs of...more

The Supreme Court - January 23, 2018

by Dorsey & Whitney LLP on

The Supreme Court of the United States issued three decisions yesterday: National Assn. of Mfrs. v. Department of Defense, No. 16-299: In 2015, the Environmental Protection Agency (EPA) and the Army Corps of Engineers...more

Back to Arbitration Basics: Recent Federal Decisions (and a SCOTUS preview)

Remember when Maria sang “Let’s start at the very beginning, it’s a very good place to start”? Well, that seems to be what federal circuit courts are doing with their arbitration decisions recently. This post will run...more

This Week In Securities Litigation

by Dorsey & Whitney LLP on

The Supreme Court agreed to hear the appeal from the D.C. Circuit of Raymond J. Lucia Companies on the question of whether the Constitution’s Appointments Clause applied to SEC ALJs. While the Court will presumably resolve...more

Administrative Proceedings in Peril? Supreme Court Grants Certiorari in Lucia v. SEC

• On January 12, 2018, the Supreme Court granted certiorari in Lucia v. SEC, to resolve a circuit split over whether the SEC’s administrative law judges serve in violation of the Appointments Clause of the Constitution. •...more

High Court Grants Certiorari in Vitamin C Antitrust Litigation

by Holland & Knight LLP on

On Friday, January 12, 2018, the United States Supreme Court agreed to hear the appeal of two Vitamin C purchasers in what has become known as In re: Vitamin C Antitrust Litigation. Appellants are seeking to overturn a 2016...more

The Supreme Court - January 16, 2018

by Dorsey & Whitney LLP on

On Friday afternoon, the Supreme Court granted certiorari and agreed to hear arguments in twelve cases: Animal Science Products v. Hebei Welcome, No. 16-1220: Whether a court may exercise independent review of an appearing...more

Fresh From the Bench: Precedential Patent Cases From the Federal Circuit

The Supreme Court is taking another patent case, granting certiorari in WesternGeco v. Ion. A divided panel of the Circuit had ruled that the plaintiff was not entitled to lost profits as a result of the sale of components of...more

The Supreme Court Agrees To Review Appointment Requirements For SEC's In-House Judges

by Shearman & Sterling LLP on

On January 12, 2018, the U.S. Supreme Court granted certiorari in Lucia v. Securities and Exchange Commission, No. 17-130, agreeing to resolve a circuit split regarding the appointment process for Securities and Exchange...more

Supreme Court Certiorari Grants: Winter 2018 Term

by Faegre Baker Daniels on

1. Redistricting. Abbott v. Perez, Nos. 17-586 & 17-626. Do Texas’s Congressional districts treat racial minorities unconstitutionally? When the district court ordered the parties to appear at a hearing to redraw the...more

Still Wondering Whether SCOTUS Will Resolve The Copyright Registration Debate

by Fox Rothschild LLP on

This post follows up on my prior blog post regarding the case pending at the United States Supreme Court involving the question of when a copyright holder can properly file a copyright infringement lawsuit. The petitioner,...more

For Whom the Class Action Tolls: American Pipe to be Revisited

by Polsinelli on

The United States Supreme Court recently granted certiorari in a significant case that will test the limits of class action tolling. Since 1974, federal courts have held that the filing of a class action tolls the statute...more

US v. Microsoft Litigation Provides the Supreme Court with a Rare Opportunity to Further Clarify and Define the Role of Comity in...

The United States Supreme Court recently granted certiorari in the landmark case of United States v. Microsoft Corp. This matter presents the Court with an opportunity to establish new precedent in the field of international...more

SCOTUS Denies Challenge to Adverse Facts Available Dumping Margin

by Kelley Drye & Warren LLP on

On December 11, 2017, the Supreme Court denied certiorari of Papierfabrik August Koehler SE’s (“Koehler”) appeal of the Department of Commerce’s (“Commerce”) use of total adverse facts available (“AFA”) in assigning the...more

Pending U.S. Supreme Court Case Could Impact Judicial Deference to Agency Rulemaking

by McGuireWoods LLP on

A petition for certiorari pending before the U.S. Supreme Court has the potential to narrow the application of Chevron deference to agency rulemaking. Under Chevron U.S.A. v. Natural Resources Defense Council, a 1984 Supreme...more

Will Inter Partes Reviews Be Abolished By The Supreme Court?

by Dickinson Wright on

On November 27, 2017, the Supreme Court heard oral arguments in a case that could undermine a key provision in the America Invents Act. Oil States Energy Services, LLC v. Greene’s Energy Group, LLC (Oils States). The issue...more

U.S. Supreme Court To Rule On Application Of American Pipe Tolling Decision On Class Actions

by Jackson Lewis P.C. on

Earlier this month, the U.S. Supreme Court granted certiorari to China Agritech, Inc., a fertilizer manufacturer, from the Ninth Circuit’s decision in Resh v. China Agritech, Inc., 857 F.3d 994 (9th Cir. 2017). In reviewing...more

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