News & Analysis as of

Certiorari

The Supreme Court - April 17, 2018

by Dorsey & Whitney LLP on

The Supreme Court of the United States issued three decisions yesterday - United States v. Microsoft Corp., No. 17-2: Federal law enforcement agents obtained a warrant under 18 U.S.C. §2703, requiring Microsoft to...more

The Supreme Court - April 2, 2018

by Dorsey & Whitney LLP on

The Supreme Court of the United States issued two decisions today: Encino Motorcars, LLC v. Navarro, No. 16-1362: The Fair Labor Standards Act (“FLSA”) requires that employers pay covered employees overtime compensation,...more

Supreme Court Grants Cert. to Determine Who Decides Arbitrability

by Goodwin on

On February 26, 2018, the Supreme Court granted certiorari in New Prime, Inc. v. Oliviera, 17-340, a First Circuit case arising from the District of Massachusetts. The case is posed to resolve a split among the circuit courts...more

Can Insurance Appraisers Favor and Advocate For The Party That Selected Them?

by Cozen O'Connor on

This is a question the Colorado Supreme Court is set to resolve after recently granting Owners Insurance Company’s petition for writ of certiorari in Owners Insurance Company v. Dakota Station II Condominium Association,...more

The Supreme Court - March 20, 2018

by Dorsey & Whitney LLP on

The Supreme Court of the United States issued one decision today: Cyan, Inc. v. Beaver County Employees Retirement Fund, No. 15-1439: Respondents are three pension funds and an individual who purchased shares of Cyan, Inc....more

U.S. Supreme Court Agrees to Hear Case Requesting Reconsideration of Williamson County’s Unfair and Unworkable State Court...

by Miller Starr Regalia on

On March 5, 2018, the U.S. Supreme Court granted certiorari in Knick v. Township of Scott (Case No. 17-647) to address the requirement, established in Williamson County Regional Planning Commission v. Hamilton Bank, 473 U.S....more

Supreme Court to Clarify Applicability of Arbitration Act to Transportation Contracts

by Holland & Knight LLP on

On Feb. 26, 2018, the U.S. Supreme Court granted certiorari in New Prime Inc. v. Oliveira, which should provide guidance as to the circumstances in which the Federal Arbitration Act (FAA) applies to interstate transportation...more

U.S. Supreme Court Hears Oral Argument over How to Apply the Rule of Reason to Two-Sided Markets in American Express Case

by Polsinelli on

On February 26, 2018, the United States Supreme Court heard oral argument in Ohio, et. al. v. American Express Company, et. al., No. 16-1454. This case involves allegations that American Express unlawfully restrained trade in...more

Fourth Circuit Denies BMG request for Panel and En Banc Rehearing

The Fourth Circuit Tuesday denied BMG’s Petition for Rehearing by the panel and the full court. The panel’s opinion, issued February 1, reversed BMG’s $25 million contributory infringement verdict. ...more

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

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