News & Analysis as of

Supreme Court of the United States

The United States Supreme Court is the highest court of the United States and is charged with interpreting federal law, including the United States Constitution. The Court's docket is largely discretionary... more +
The United States Supreme Court is the highest court of the United States and is charged with interpreting federal law, including the United States Constitution. The Court's docket is largely discretionary with only a limited number of cases granted review each term.  The Court is comprised of one chief justice and eight associate justices, who are nominated by the President and confirmed by the Senate to hold lifetime positions. less -
Franczek P.C.

Federal Judge Rules Cook County Tax Sale System Unconstitutional

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Late last year a federal judge ruled that the tax sale system used by Cook County is unconstitutional, violating both the Fifth Amendment and Eighth Amendment. Cook County conducts an annual sale for properties with...more

Phelps Dunbar

Fifth Circuit Backs Trump Administration's Expansion of Immigration Detention Without Bond

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On Feb. 6, a divided panel of the United States Court of Appeals for the Fifth Circuit upheld the Trump Administration’s policy to detain a large class of individuals targeted for deportation without the opportunity for bond,...more

McDonnell Boehnen Hulbert & Berghoff LLP

Allen v. Cooper (4th Cir. 2026)

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Dickens’s Bleak House has long stood as an exemplar for the perils of interminable litigation where no one benefits (except, perhaps, the lawyers; see Jarndyce v. Jarndyce). In a case already somewhat notorious for its...more

Pietragallo Gordon Alfano Bosick & Raspanti,...

Is Finality Still Useful in False Claims Act Litigation?

Pietragallo Gordon Alfano Bosick & Raspanti,... on

All of us were treated recently to the latest statistics from the Department of Justice for 2025. By all accounts it was a record year for both the Department of Justice and relators, over $6.8 billion in total recoveries,...more

Ballard Spahr LLP

Website Tracking in Limbo: SCOTUS to Clarify Video Privacy Protection Act as California Privacy Law Remains a “Total Mess”

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A sharp contrast in the speed of obtaining appellate review is emerging between two key privacy statutes. While the U.S. Supreme Court is set to resolve a circuit split over the Video Privacy Protection Act (VPPA), litigants...more

Bradley Arant Boult Cummings LLP

HUD Proposes Changes to Its Implementation of the Fair Housing Act’s Disparate Impact Standard

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On January 14, 2026, the U.S. Department of Housing and Urban Development (HUD) issued a proposed rule to “remove its discriminatory effects regulations and [leave] to courts questions related to interpretations of disparate...more

Troutman Pepper Locke

Circuit Split Emerges on State Marijuana Residency Rules, With Ninth Circuit Finding Dormant Commerce Clause Inapplicable

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In January, the U.S. Court of Appeals for the Ninth Circuit ruled 3-0 that the Dormant Commerce Clause does not prohibit states from imposing residency requirements for obtaining marijuana business licenses. The court found...more

MG+M The Law Firm

SCOTUS Affirms That Affidavits-of-Merit Not Required to Support Professional Malpractice Lawsuits in Federal Court

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More than half of the US states require the filing of an affidavit or a certificate of merit as a prerequisite to advancing a professional malpractice or liability claim. Failure to submit the required documentation may...more

Genova Burns LLC

Second Court Issues 10(j) Injunction Applying the Stricter Starbucks Standard

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SCOTUS’s recent adoption of a stricter standard for issuing unfair labor practice injunctions did not prevent Region Four of the NLRB from securing an injunction against a residential treatment facility’s subcontracting the...more

Cadwalader, Wickersham & Taft LLP

No Harm, No Remedy? Supreme Court Poised to Resolve Circuit Split on SEC Disgorgement Authority for Securities Violations

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On January 9, 2026, the Supreme Court granted certiorari in Sripetch v. SEC to resolve whether the Securities and Exchange Commission (SEC) may seek disgorgement—an equitable remedy requiring wrongdoers to return “ill-gotten...more

Robinson & Cole LLP

Legal Update: The Status of the NLRB - New Year, New Uncertainty?

Robinson & Cole LLP on

In the past, a new presidential administration meant the beginning of a series of National Labor Relations Board (NLRB or Board) decisions that overruled prior precedents. While the White House flipped in January 2025, the...more

Nelson Mullins Riley & Scarborough LLP

The U.S. Supreme Court Rejects the Opportunity to Overturn McDonnell Douglas

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Last month, the U.S. Supreme Court declined to visit the legal soundness of McDonnell Douglas Corp. v. Green, 411 U.S. 792 (1973), a seminal decision that has outlined the burdens of proof in employment discrimination cases,...more

Dinsmore & Shohl LLP

Supreme Court to Clarify Liability Boundary for Induced Infringement

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The Supreme Court of the United States has agreed to resolve a question of patent infringement liability: can advertising a product as a “generic”—without more details—give rise to liability for induced infringement? The...more

Constangy, Brooks, Smith & Prophete, LLP

SCOTUS to clarify who qualifies as a “consumer” under Video Privacy Protection Act

Constangy, Brooks, Smith & Prophete, LLP on

The Video Privacy Protection Act became law decades ago, at a time when consumers physically visited and then rented movies on VHS tape or DVD at video rental stores. The impetus for the law was protecting the privacy of...more

Hughes Hubbard & Reed LLP

日本企業のための米国ニュースレター

Hughes Hubbard & Reed LLP on

本ニュースレターでは、2025年10月から12月にかけて、日本企業に関連する米国法務の主要な動向についてお知らせします。今回の号では、IEEPA関税が無効と判断された場合に備え、米国国際貿易裁判所で相次いで提起されている関税還付に関する訴訟をはじめ、注目すべき様々なトピックを取り上げています。...more

Hughes Hubbard & Reed LLP

US Legal News for Japanese Companies

Hughes Hubbard & Reed LLP on

This newsletter reports on U.S. legal matters relevant to Japanese companies for the period from October to December 2025. In this issue, we discuss various matters, including the filing of cases in the U.S. Court of...more

Baker Donelson

2025 Trademark Takeaways: Highlights of Key Rulings Shaping Trademark Law

Baker Donelson on

Trademark case law continues to develop each year, and 2025 was no exception, with courts issuing a wide array of trademark opinions. For a more in-depth discussion of 2025's most impactful decisions, we invite you to watch...more

Parker Poe Adams & Bernstein LLP

Who Counts as a "Consumer"? Supreme Court Set to Decide Key Privacy Law Question

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In a move that could reshape privacy law nationwide, the U.S. Supreme Court announced on January 26, 2026, that it will take up a challenge to the Sixth Circuit’s recent decision affirming the dismissal of a case under the...more

Constangy, Brooks, Smith & Prophete, LLP

An employer's harassment to-do list for our times

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Easiest to-do list ever! As I reported recently, the U.S. Equal Employment Opportunity Commission has rescinded a detailed harassment guidance document issued during the Biden Administration. As a result, many employers...more

Blank Rome LLP

Ninth Circuit Clarifies Class Member Standing in Healy v. Milliman

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The Ninth Circuit’s decision in Healy v. Milliman, Inc., No. 24-3327, --- F.4th ----, 2026 WL 71863 (9th Cir. Jan. 9, 2026), carries significant implications for class action defense and litigation strategy across the Ninth...more

Blank Rome LLP

MAINBRACE: January 2026

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I recently spent four days on a commercial vessel while it transited from port to port delivering cargo. As a former mariner I really enjoyed being back out at sea, but I quickly realized how much has changed for the life of...more

Kilpatrick

7 Key Takeaways | Annual Update on Recent Trademark Case Law

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Kilpatrick partner Ted Davis spoke recently on recent developments in U.S. trademark and unfair competition law during Kilpatrick’s advanced trademark seminar....more

Bradley Arant Boult Cummings LLP

Supreme Court Holds That Restitution Is a Criminal Penalty; Decision Portends New Constitutional Arguments

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On January 20, 2026, in Ellingburg v. United States, 607 U.S. ____ (2026), the Supreme Court considered whether the Ex Post Facto Clause applies to the Mandatory Victim Restitution Act (MVRA), the statutory basis for most...more

Vinson & Elkins LLP

Trump’s Well-Stocked Tariff Toolkit Demands Importers’ Attention

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Over the past year, the Trump administration’s reciprocal tariffs, imposed under the International Emergency Economic Powers Act, have absorbed media and market attention while the world awaits a US Supreme Court decision on...more

Baker Botts L.L.P.

U.S. Supreme Court Poised to Address ERISA Pleading Standards for Underperformance Claims

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On January 16, 2026, the U.S. Supreme Court granted certiorari in Anderson v. Intel Corp. Investment Policy Committee, No. 25-498 (U.S.), a case regarding what ERISA plaintiffs must allege at the pleading stage when they...more

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