News & Analysis as of

Petition for Writ of Certiorari

Freeman Mathis & Gary

SCOTUS to Review Whether State Gender-Based Sports Designations Violate Title IX and Equal Protection Clause of the 14th Amendment

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Does Title IX of the Education Amendments of 1972 and the Equal Protection Clause of the Fourteenth Amendment prevent states from designating separate girls’ and boys’ sports teams based on biological sex determined at birth?...more

Ballard Spahr LLP

Trump Administration declines to respond to Supreme Court petition filed by ousted Democratic NCUA board members

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The Trump Administration has declined to respond to a Supreme Court petition by the two ousted Democratic NCUA board members who are asking for the court to consider their case....more

Foley & Lardner LLP

Disgorgement Appellate Court Clash — Next Up: The Supreme Court

Foley & Lardner LLP on

In Ongkaruck Sripetch v. U.S. Securities and Exchange Commission, the Petitioner has submitted a Petition for a Writ of Certiorari (the “Petition”) to the Supreme Court of the United States. This Petition stems from the...more

Jenner & Block

A Lawsuit by the Clothing Label Vetements May Result in a Supreme Court Decision on the Trademark "Doctrine of Foreign...

Jenner & Block on

A basic rule of trademark law is that trademark protection cannot be obtained for a term that is “generic,” meaning that it simply designates the type of goods at issue. For example, the term “apple” is generic when used to...more

Akerman LLP

Detour Ahead: Supreme Court to Weigh Scope of Transportation Worker Arbitration Exemption

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The U.S. Supreme Court has agreed to revisit the scope of the “transportation worker” exemption under the Federal Arbitration Act (FAA). The exemption — found in Section 1 of the FAA — carves out certain workers from the...more

Baker Botts L.L.P.

AI As An Author - "Creativity Machine" Creator Asks Supreme Court to Reconsider Authorship Requirements

Baker Botts L.L.P. on

On October 9, 2025, Dr. Stephen Thaler and team submitted a petition for writ of certiorari to the U.S. Supreme Court asking “[w]hether works outputted by an AI system without a direct, traditional authorial contribution by a...more

The Estate Lawyers

Undue Influence Case Fades Away at U.S. Supreme Court, But Lessons Endure

The Estate Lawyers on

The legal saga surrounding the estate of Dr. Laura Dean Head—a respected professor at San Francisco State University—is a powerful example of how undue influence and disinheritance can put an estate at risk and take years to...more

Dorsey & Whitney LLP

VETEMENTS ou Non? The Foreign Equivalents Doctrine

Dorsey & Whitney LLP on

A recent petition for a writ of certiorari filed with the United States Supreme Court brings into question the application of the doctrine of foreign equivalents. Under the doctrine of foreign equivalents, a trademark...more

Ballard Spahr LLP

Stressing urgency, fired NCUA Democratic board members ask Supreme Court to consider case on expedited basis

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The two Democratic NCUA board members ousted by President Trump without cause are asking the Supreme Court to consider their challenge of the firings on an expedited basis....more

Stevens & Lee

What Are the Odds the Supreme Court of Pennsylvania Will Take My Case?

Stevens & Lee on

In August, the Pennsylvania Supreme Court released its statistical report for 2024. It revealed an interesting trend in the odds the court will grant review in any given case, and that 2024 saw the best odds of the past five...more

Orrick, Herrington & Sutcliffe LLP

Lender petitions court for writ of cert. in case upholding the CFPB’s $134 million restitution award

On September 19, a lending company and its affiliates petitioned the U.S. Supreme Court for a writ of certiorari seeking review of a 9th Circuit decision affirming a $134 million restitution order in favor of the CFPB. The...more

Snell & Wilmer

Supreme Court Asked to Revisit Trademark Functionality Test for Features Disclosed in Utility Patents

Snell & Wilmer on

The long-running dispute between CeramTec GmbH and CoorsTek Bioceramics LLC over the color pink for ceramic hip-joint components has reached the U.S. Supreme Court. CeramTec recently filed a petition for certiorari...more

Snell & Wilmer

Vetements Urges the Supreme Court to Reconsider Trademark Protection for Foreign Words

Snell & Wilmer on

Vetements Group AG (“Vetements”), a Swiss luxury brand that sells expensive, reimagined clothing, recently petitioned the Supreme Court to review a Federal Circuit decision in In re: Vetements Grp. AG, Case Nos. 2023-2050,...more

Orrick, Herrington & Sutcliffe LLP

Mortgage lender files writ of cert. with SCOTUS

On August 25, the U.S. Supreme Court received a writ of certiorari from a mortgage lender (the petitioner) challenging a decision by the U.S. Court of Appeals for the 2nd Circuit upholding a jury verdict finding the...more

Offit Kurman

Obergefell in Question: Estate Planning Risks for Same-Sex Spouses

Offit Kurman on

On August 11, 2025, the United States Supreme Court was asked to reconsider Obergefell v. Hodges, the 2015 decision that federally guaranteed marriage equality for all couples. This new case involves the four-times married...more

Fox Rothschild LLP

Court of Appeals Saves Appellant From Post Office Predicament

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It’s the stuff of nightmares: you drop your notice of appeal in the mail 24 days after a summary-judgment order is entered against your client, trusting the post office will manage to get it into the clerk’s hands for filing...more

Vedder Price

U.S. Supreme Court Takes Up Circuit Split Regarding Investment Company Act Private Right of Action Asserted by Closed-End Fund...

Vedder Price on

On June 30, 2025, the U.S. Supreme Court granted certiorari in FS Credit Opportunities Corp. v. Saba Capital Master Fund, Ltd. in order to resolve a split among U.S. Circuit Courts of Appeals regarding whether Section 47(b)...more

Jackson Lewis P.C.

Supreme Court Shows Interest in ERISA Pleading Standard Circuit Split

Jackson Lewis P.C. on

Earlier this year, ERISA fiduciary breach defendant Parker-Hannifin filed a petition for a writ of certiorari to the United States Supreme Court that, if granted, could settle a circuit split created by the Sixth Circuit...more

Venable LLP

Federal Courts Split on ‘Server Test’ in Copyright Infringement Cases Involving Embedded Images

Venable LLP on

Earlier this week, the U.S. District Court for the Western District of Texas joined a number of other federal district courts that have challenged, narrowed, or simply rejected the applicability of the “server test,”...more

Farella Braun + Martel LLP

Profits or Peers: Does Seeking an Accounting in Trademark Litigation Waive the Right to a Jury Trial?

In trademark infringement litigation, the form of monetary relief a plaintiff requests can determine whether the case is decided by a jury or a judge. This procedural distinction has real consequences, and a new request has...more

Wiley Rein LLP

Supreme Court Takes Up Cox Communications Copyright Infringement Case

Wiley Rein LLP on

On June 30, 2025, the U.S. Supreme Court agreed to hear an appeal in Cox Communications, Inc. v. Sony Music Entertainment, setting the stage for the high court to define copyright infringement liability for internet service...more

Ballard Spahr LLP

Ballard Spahr Submits Amicus Brief on Behalf of Banking Trade Groups in Important SCOTUS Arbitration Case

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On behalf of the American Bankers Association (ABA) and the Consumer Bankers Association (CBA), Ballard Spahr has submitted an amicus brief to the United States Supreme Court in Coinbase, Inc., et al. v. Kramer, et al., No....more

Jones Day

U.S. Supreme Court Invites Solicitor General to Submit Briefing on "Skinny Labels"

Jones Day on

On June 23, 2025, the Supreme Court invited the Solicitor General to submit a brief expressing the views of the United States—dramatically increasing the likelihood that the Court will eventually grant review—in Hikma...more

Venable LLP

Supreme Court Denies Certiorari to Decide FINRA Authority

Venable LLP on

On June 2, 2025, the Supreme Court denied a petition for writ of certiorari filed by Alpine Securities Corporation challenging a D.C. Circuit ruling granting only limited, preliminary relief to Alpine. Alpine argued that...more

Ballard Spahr LLP

Supreme Court Urged to Hear Case With Potential to Alter Materiality Standard for Alleging Securities Fraud Against Auditors

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The Supreme Court is currently deciding whether to hear a case that could have significant implications for auditors, law firms, and other professional services companies that assist public companies. Amicus briefs filed on...more

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