News & Analysis as of

Justice Scalia

Fox Rothschild LLP

Franchising On The Precipice: Unknowns In Transition

Fox Rothschild LLP on

Change is coming, but will it be a welcome change or a harbinger of woe? Over the last 8 years or so, the ever-changing landscape of employment laws has arguably posed an existential threat to franchising. The franchise...more

Mitchell, Williams, Selig, Gates & Woodyard,...

Shaking Things Up – The Trump Administration, Regulatory Change, and Administrative Law: Allan Gates (Mitchell Williams) National...

My law firm colleague Allan Gates undertook a webinar presentation for the National Association of Clean Water Agencies (“NACWA”) titled: - Shaking Things Up – The Trump Administration, Regulatory Change, and...more

Ward and Smith, P.A.

"Waters of the United States"— Will Rewrite of the Clean Water Rule Bring Elusive Clarity and Predictability?

Ward and Smith, P.A. on

Sixteen months after the United States Court of Appeals for the Sixth Circuit entered its Order halting application of the 2015 Clean Water Rule ("Rule") nationwide, President Donald J. Trump signed an Executive Order...more

Morgan Lewis

Trump Executive Order Seeks to Limit Scope of Clean Water Act

Morgan Lewis on

The executive order asks agencies to repeal or revise an Obama-era rule defining the scope of the Clean Water Act and recommends adoption of a narrower standard articulated by the late Justice Scalia....more

Foley & Lardner LLP

President Trump Curbs Controversial WOTUS Rule

Foley & Lardner LLP on

Two days ago, President Trump issued an executive order (Order) that will scale back the U.S. Environmental Protection Agency’s (EPA) and U.S. Army Corps of Engineers’ (Corps) hotly contested “waters of the United States”...more

Holland & Knight LLP

Trump Administration Takes Initial Steps to Implement Repeal of Energy, Environmental Regulations

Holland & Knight LLP on

Earlier this year, Freedom Partners, a conservative advocacy group, released A Roadmap to Repeal containing a list of former President Barack Obama's regulations that the group argued should be repealed quickly after the...more

Carlton Fields

Judge Gorsuch on Class Actions

Carlton Fields on

On January 31, President Trump announced that Judge Neil Gorsuch of the Tenth Circuit Court of Appeals would be nominated for the United States Supreme Court. We took a look at those opinions authored by Judge Gorsuch on the...more

Ballard Spahr LLP

SCOTUS Nominee Gorsuch's Judicial Conservatism May Benefit Employers

Ballard Spahr LLP on

President Trump's nomination of Judge Neil M. Gorsuch could shape the U.S. Supreme Court for years to come because of the judge's relatively young age (49) and because he could be part of a conservative majority on the Court,...more

Foley & Lardner LLP

Trump’s SCOTUS Nomination May Impact Employee Class Waiver Agreements

Foley & Lardner LLP on

President Trump is not wasting any time acting on several of his campaign promises. Whether or not the administration’s actions align with those campaign promises, however, is yet to be seen....more

Ogletree, Deakins, Nash, Smoak & Stewart,...

President Trump Announces His Supreme Court Nominee: Neil M. Gorsuch

On January 31, President Donald Trump announced his choice to fill the Supreme Court of the United States vacancy created by the death of the late Associate Justice Antonin Scalia: Judge Neil M. Gorsuch, from the U.S. Court...more

Ogletree, Deakins, Nash, Smoak & Stewart,...

The Supreme Court Short List: Who Might Trump Pick to Be the Newest Justice?

Since the death of Associate Justice Antonin Scalia of the Supreme Court of the United States, the political world has been waiting—through a failed nomination of a successor, a presidential campaign and election, and the...more

Constangy, Brooks, Smith & Prophete, LLP

Daily Trumpdate: The 4 known SCOTUS contenders

President Trump announced yesterday that he would be naming his nominee for the U.S. Supreme Court next week. The nominee, if confirmed, will fill the seat vacated by the late Justice Antonin Scalia. According to most news...more

Fisher Phillips

Justice Scalia’s Death Throws SCOTUS Term Into Turmoil

Fisher Phillips on

A Review Of The 2015-2016 Supreme Court Term - Justice Antonin Scalia’s death created a 4-4 split among liberal and conservative-leaning Justices, rendering tidy scorecards and trends regarding this past Supreme Court...more

Manatt, Phelps & Phillips, LLP

Health Update - July 2016

The Vulnerability of Healthcare Information - According to a report the Brookings Institute issued in May 2016, 23% of all data breaches occur in the healthcare industry. Nearly 90% of healthcare organizations had some...more

Searcy Denney Scarola Barnhart & Shipley

Justice Antonin Scalia: Part-Time Activist

Presumptive Republican presidential candidate Donald Trump, to establish his bona fides with conservatives, has released a list of eleven potential Supreme Court nominees. He added, with typical understatement: “If...more

Sheppard Mullin Richter & Hampton LLP

Reading The Tea Leaves – How Will The U.S. Supreme Court Decide Spokeo?

While the U.S. Supreme Court has issued decisions on two of its major class action cases this term, Campbell-Ewald Co. v. Gomez and Tyson Foods v. Bouaphekeo (see January 20, 2016 blog and May 5, 2016 blog), one other...more

Proskauer - Minding Your Business

Policy Fights in the Courts: United States v. Texas

On April 18, 2016, the Supreme Court heard oral argument in a major immigration suit, United States v. Texas. This case is a highly-politicized lawsuit in which dozens of states have sued the federal government over what is...more

Carlton Fields

The Future of Class Actions: The Impact of Justice Scalia’s Death on Upcoming Rulings

Carlton Fields on

There is no doubt that the death of Supreme Court Justice Antonin Scalia will have major repercussions on Supreme Court jurisprudence. A 30-year veteran of the Court, Justice Scalia was known for his originalist positions and...more

Proskauer - Minding Your Business

Justice Scalia and the Demise of the “Genteel Monopolist”

A year before he took his seat on the Supreme Court, Justice Scalia’s future colleagues issued a decision encouraging dominant firms to behave more like that genteel, top hat wearing fellow from the Monopoly game than like...more

Ogletree, Deakins, Nash, Smoak & Stewart,...

The Employment Law Authority - March/April 2016

A federal appellate court recently held that an employer did not violate the Americans with Disabilities Act (ADA) when it discharged an employee who had been sleeping at work and falling short of the employer’s performance...more

Orrick - Employment Law and Litigation

Supreme Court Ties Underscore Justice Scalia’s Missing Influence

After the passing of Justice Antonin Scalia, we predicted: “Justice Scalia’s passing will immediately impact several employment-related cases pending before the Court.” Specifically, cases in which Scalia was expected to...more

Hinshaw & Culbertson LLP

Employment Practices Newsletter - April 2016

Is Labor Law Putting the Franchise Business Model at Risk? - Over the course of the last year, we have kept you abreast of National Labor Relations Board (NLRB) case law and Department of Labor (DOL) interpretive/...more

Foley & Lardner LLP

From The Jaws Of Defeat, Public Unions Snatch Lucky Victory

Foley & Lardner LLP on

For many years, unions representing public employees in a variety of states have continued to require employees to pay union dues even if they have an objection to certain political, lobbying, or other activities the unions...more

Ogletree, Deakins, Nash, Smoak & Stewart,...

The Supreme Court’s Decision on Public Union Fees: Still Valid But No Further Guidance

On March 29, 2016, the Supreme Court of the United States issued a per curiam opinion in a case on the validity of public-sector “agency shop” arrangements, which permit unions to charge a fee (in order to pay for select...more

Fisher Phillips

Public Sector Unions Get Reprieve By Deadlocked Supreme Court

Fisher Phillips on

In a deadlocked 4-4 decision, the U.S. Supreme Court could not reach a majority consensus in determining whether it is unconstitutional for states to force public sector employees to pay agency shop fees to their unions. For...more

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