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Lathrop GPM

Supreme Court Issues Important Superfund Ruling

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On April 20, 2020 the United States Supreme Court handed down an important decision on the reaches of settlements involving the Comprehensive Environmental Response, Compensation, and Liability Act (CERCLA, or “Superfund”)....more

McDermott Will & Emery

Supreme Court to Address Whether Copyright Protection Available for Annotated State Code

McDermott Will & Emery on

The Supreme Court of the United States granted the State of Georgia’s request to address whether it can claim copyright ownership over annotations made to its official legal code. State of Georgia, et al. v....more

Womble Bond Dickinson

Who Owns the Law? Supreme Court to Decide if State Governments Can Copyright Legal Texts

Womble Bond Dickinson on

It is long established that “ignorance of the law is no excuse,” but what if that ignorance is born out of restricted access to the law? If the full extent of the law can be revealed only by paying subscription fees, is it...more

Akerman LLP - Marks, Works & Secrets

Supreme Court to Rule on Copyright Protection of State Annotated Legal Codes

On June 24, 2019, the U.S. Supreme Court granted certiorari to decide whether states can claim copyright protection in annotated codes. State of Georgia v. Public.Resource.Org, Inc., No. 18-1150. ...more

Mintz - Arbitration, Mediation, ADR...

You’ll Have to Say It If You Mean It: Supreme Court Holds That Agreement to Permit “Class Arbitration” Must Be Express and...

Predictably, the U.S. Supreme Court has ruled in Lamps Plus, Inc. v. Varela, No. 17-988, 2019 U.S. LEXIS 2943 (U.S. April 24, 2019), that, under the Federal Arbitration Act, neither silence nor “ambiguity” in an arbitration...more

Ballard Spahr LLP

U.S. Supreme Court Illuminates Class Arbitration and FAA Appeal Issues

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In an important ruling that further narrows the circumstances in which class arbitration will be permitted, the Supreme Court today held that under the Federal Arbitration Act (FAA)...more

Seyfarth Shaw LLP

High Court’s Ruling On Class Arbitration In Lamps Plus v. Varela May Have Limited Practical Effect

Seyfarth Shaw LLP on

After recently hearing oral argument in Lamps Plus Inc. v. Varela, the United States Supreme Court is set to decide whether the Federal Arbitration Act forecloses a state-law interpretation of an arbitration agreement that...more

Jackson Lewis P.C.

Supreme Court Hears Oral Argument In Lamps Plus Case

Jackson Lewis P.C. on

On October 29, 2018, the Supreme Court heard oral argument in the case of Lamps Plus, Inc. v. Varela. At issue in Lamps Plus is what standard should be applied in determining whether parties have agreed to submit claims to...more

Mintz - Arbitration, Mediation, ADR...

A Proposal: Adopt a “Clear and Unmistakable” Standard to Determine If Parties Have Agreed to “Class Arbitration”

The U.S. Supreme Court has ruled that “class arbitration” may be permitted if an arbitration agreement authorizes it, Stolt-Nielsen v. AnimalFeeds Int’l Corp., 559 U.S. 662, 684 (2010), and that state contract law governs the...more

Jackson Lewis P.C.

The Supreme Court Will Rule On Data Breach Class Arbitration Suit

Jackson Lewis P.C. on

The U.S. Supreme Court recently granted a petition for review of a data breach lawsuit addressing the issue of whether parties can pursue a class arbitration when the language in the arbitration agreement does not explicitly...more

Bradley Arant Boult Cummings LLP

The Supreme Court Will Soon Weigh in on Class Arbitration and Cy Pres Issues

The U.S. Supreme Court has decided to hear two important cases next year involving important issues for class action lawyers and the clients they serve. In Lamps Plus Inc. v. Varela, the Supreme Court will decide “whether...more

Carlton Fields

Supreme Court to Determine Whether An Arbitration Clause Must Explicitly Authorize Class-wide Arbitration

Carlton Fields on

The Supreme Court recently granted certiorari in Lamps Plus Inc. v. Varela, to determine “[w]hether the Federal Arbitration Act forecloses a state-law interpretation of an arbitration agreement that would authorize class...more

Robinson+Cole Class Actions Insider

Supreme Court to Decide Whether Class Action Arbitration Is Allowed Where Arbitration Clause Is Silent Regarding Availability of...

The Supreme Court recently granted certiorari in Lamps Plus Inc. v. Varela, No. 17-988. The question presented in the petition for certiorari is: “Whether the Federal Arbitration Act forecloses a state-law interpretation of...more

Mintz - Arbitration, Mediation, ADR...

Supreme Court Will Determine If Silence in an Arbitration Clause May Be Judicially Interpreted to Permit Class Arbitration

On April 30, 2018, the U.S. Supreme Court granted certiorari to review an unpublished Ninth Circuit decision in Varela v. Lamps Plus, Inc., No. 16-56085 (9th Cir. Aug. 3, 2017). See Lamps Plus, Inc. v. Varela (No. 17-988,...more

Ballard Spahr LLP

U.S. Supreme Court Decision in Lamps Plus Will Shed More Light on Class Arbitration

Ballard Spahr LLP on

This week, the U.S. Supreme Court granted certiorari in a case that should further clarify the circumstances in which class arbitration can be required. The question presented in Lamps Plus, Inc. v. Varela is "[w]hether the...more

BakerHostetler

Will SCOTUS Finally Decide What Language Authorizes Class Arbitration? Lamps Plus, Inc. v. Varela Might Just Do It.

BakerHostetler on

As we noted in prior blog articles, questions regarding what authorizes class arbitration continue to arise despite class action waivers in many arbitration agreements. (See our Nov. 11, 2013, March 12, 2015, Sept. 9, 2015,...more

Kramer Levin Naftalis & Frankel LLP

Supreme Court To Hear Dispute Over Debt Recharacterization

One critical issue affecting complex restructuring cases are efforts by the estate or creditors to recharacterize debt into equity. This can happen in a variety of factual contexts, including where an existing equity...more

Mintz - Bankruptcy & Restructuring Viewpoints

SCOTUS to Settle Circuit Split on Rule Applicable to Recharacterization of Debt to Equity Disputes

The Supreme Court has granted certiorari to decide the question of whether bankruptcy courts should apply state law or a federal rule of decision when determining whether to recharacterize a debt claim as a capital...more

Skadden, Arps, Slate, Meagher & Flom LLP

Supreme Court Will Weigh Insider Trading, Securities Act Class Action Requirements

In its 2016 fall term, the U.S. Supreme Court will have the opportunity to consider two cases involving securities laws, one of which is already on the calendar for oral argument. The cases concern the “personal benefit”...more

Dorsey & Whitney LLP

The Supreme Court - May 2016 #4

Dorsey & Whitney LLP on

The Supreme Court of the United States issued decisions in three cases on May 31, 2016: Army Corps of Engineers v. Hawkes, No. 15-290: Three mining companies sought a permit under the Clean Water Act seeking to...more

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