News & Analysis as of

Oral Argument

Christie v. NCAA: Will New Jersey’s Bet on Sports Gambling Pay Off?

by Goodwin on

On December 4, 2017, the Supreme Court heard oral argument in the much anticipated case, Christie v. NCAA, in which the Court is considering New Jersey’s bid to permit sports gambling at the state’s casinos and race tracks. A...more

The Government Never Dies: Ninth Circuit Upholds Government Action Rule Dismissal - Appellate Court Affirms District Court's...

by Holland & Knight LLP on

• A key ruling by the U.S. Court of Appeals for the Ninth Circuit will block qui tam relators from bringing copycat False Claims Act suits. • In United States ex rel. Max Bennett v. Biotronik, Inc., the Ninth Circuit held...more

U.S. Supreme Court Hears Oral Argument In Key Case On LGBT Rights And Religious Liberty

by Seyfarth Shaw LLP on

Seyfarth Synopsis: Oral argument suggests the Supreme Court is narrowly divided on how to reconcile non-discrimination protections for LGBT individuals with claims for religious liberty, with Justice Kennedy appearing likely...more

American Indian Law and Policy: 10 Things You Need to Know - December 2017

Congress returned from the Thanksgiving holiday with an intense workload that must be completed by the end of the year. Tax reform remains a focus, and the Republican-controlled Congress is still committed to getting a final...more

Supreme Court Hears Oral Arguments in Oil States Regarding Constitutional Challenge to Inter Partes Review

We first covered the Supreme Court’s grant of certiorari in Oil States Energy Servs., LLC v. Greene’s Energy Grp., LLC, 137 S. Ct. 2239 (2017), a case with the potential to substantially alter the patent litigation landscape,...more

Supreme Court Searches for Fourth Amendment Line for the Digital Economy

by Ropes & Gray LLP on

On November 29, 2017, the Supreme Court heard oral argument in Carpenter v. United States. The Court’s decision could have critical implications for companies operating in the digital economy and their ability to limit...more

Supreme Court Oral Argument Suggests Skepticism Over SEC Rule Protecting Internal Whistleblowers From Retaliation Under Dodd-Frank...

by Shearman & Sterling LLP on

On November 28, 2017, the Supreme Court heard oral arguments in Digital Realty Trust, Inc. v. Somers, No. 16-1276, a case that raises the question whether an employee who reported alleged misconduct internally, but did not...more

On the Horizon: A Sham Affidavit Doctrine?

by Strasburger & Price, LLP on

An affidavit can defeat a motion for summary judgment by raising a fact issue. But if an affidavit contradicts a witness’s previous testimony does that raise a fact question?...more

Spotlight on Upcoming Oral Arguments – December 2017

Ariosa appeals from a PTAB decision denying Ariosa’s IPR petition and upholding the validity of Illumina’s ’794 patent. In reaching its decision, the PTAB found that Ariosa failed to establish that the asserted reference...more

United States Judicial Panel on Multidistrict Litigation: November Meeting Overview

The next hearing session of the United States Judicial Panel on Multidistrict Litigation is scheduled for November 30, 2017 in St. Louis, Missouri. Eight matters are set for oral argument to consider motions to transfer each...more

U.S. Supreme Court Hears "Oil States" Oral Arguments Regarding Constitutionality of the Patent Office Review Board

by Brinks Gilson & Lione on

On November 27, 2017, the U.S. Supreme Court heard oral arguments in Oil States Energy Services, LLC v. Greene’s Energy Group, LLC, Civ. No. 16-712. The Court will decide whether inter partes reviews violate the U.S...more

Oil States Oral Argument: Justices Grapple with Constitutionality of IPR

The Supreme Court held oral argument Monday, November 27, in the case of Oil States Energy Services, LLC v. Greene’s Energy Group, LLC, et al. to address the question of whether inter partes review (IPR) proceedings before...more

Blog: Can SCOTUS Make Sense Out Of “Gibberish”? SCOTUS Hears Oral Argument In Case Addressing State Court Jurisdiction Over ’33...

by Cooley LLP on

Yesterday, SCOTUS heard oral argument in Cyan Inc. v. Beaver County Employees Retirement Fund, which addressed whether state courts have jurisdiction over cases brought solely under the Securities Act of 1933.  Here is the...more

Up to the Minute Synopsis of Clean Water Act Jurisdiction Developments

by Snell & Wilmer on

Keeping track of the ongoing administrative and judicial developments on the issue of Clean Water Act jurisdiction has become almost as complex as trying to make a jurisdictional determination itself. Here is a handy synopsis...more

Feds Come Out Against Seattle’s Law to Unionize Rideshare Drivers

by Fisher Phillips on

The gig economy just got a strong ally in its fight to remain union-free: the federal government. The latest development in the ongoing saga involving an attempt to put into place the nation’s first unionization law that...more

Travel Ban: 9th Circuit Allows Partial Implementation

On November 13, 2017, the 9th U.S. Circuit Court of Appeals in San Francisco partially granted an emergency request by the United States government to allow the travel ban issued by President Trump on September 24, 2017 to go...more

Spotlight on Upcoming Oral Arguments – November 2017

In this appeal, the Federal Circuit will consider whether it has jurisdiction to review a PTAB decision to terminate an IPR and enter an adverse judgment against the patent owner. Arthrex argues that the Court has...more

Sixth Circuit Hears Oral Argument in FCA Appeal

by Bass, Berry & Sims PLC on

The U.S. Court of Appeals for the Sixth Circuit recently heard oral argument in connection with a decision by the U.S. District Court for the Eastern District of Tennessee that primarily raised two FCA questions...more

Practice Pointer: “An Absolute Plague”

You cannot retract any confidential information after you file a document publicly. If an error is made, the clerk’s office can accept requests to address the error during working hours....more

Massachusetts Court Dismisses Brand Owner’s Suit against Wholesaler

by McDermott Will & Emery on

Earlier this month, a Massachusetts Superior Court judge granted beer wholesaler Craft Beer Guild, LLC’s (Craft) motion to dismiss a civil suit, Shelton Bros., Inc. v. Craft Beer Guild, LLC d/b/a Craft Brewer’s Guild, brought...more

Lawyers in GrubHub Trial Make Final Arguments in Independent Contractor Misclassification Case, But Decision Is Unlikely To Be...

by Locke Lord LLP on

The lawyers for GrubHub and the driver who is among thousands who sued the company for independent contractor misclassification made their closing arguments earlier today before federal Magistrate Judge Jacqueline Scott...more

Recap of Recent Oral Argument Before SCOTUS: Nat’l Assoc. of Mfr. v. Dep’t of Defense and Jesner v. Arab Bank, PLC

Last week, the U.S. Supreme Court heard oral argument in two significant cases: Nat’l Assoc. of Mfr. v. Dep’t of Defense and Jesner v. Arab Bank, PLC. In National Association of Manufacturers, the Court is being asked to...more

Texas Supreme Court Will Hear Oral Argument On Whether Texas Recognizes A Claim For Tortious Interference With Inheritance Rights

by Winstead PC on

On October 11, 2017, the Texas Supreme Court will hear oral arguments in Anderson v. Archer, No. 03-13-00790-CV, 2016 Tex. App. LEXIS 2165 (Tex. App.—Austin March 2, 2016, pet. filed). In Anderson, the trial court’s judgment...more

U.S. Supreme Court Schedules Oral Argument In Case That Raises Issue Of Whether State Courts Have Jurisdiction Over Securities Act...

by Shearman & Sterling LLP on

The U.S. Supreme Court has scheduled oral argument on November 28, 2017 in Cyan, Inc. v. Beaver County Employees Retirement Fund, No. 15-1439, a case that is expected to resolve the issue of whether state courts continue to...more

Court Presses Pause On Uber Misclassification Cases, Awaiting SCOTUS Ruling On Class Waivers

by Fisher Phillips on

The 9th Circuit Court of Appeals recently placed a temporary halt on the ongoing misclassification litigation against Uber, pointing out that it would make sense to wait for a key Supreme Court decision before proceeding...more

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