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 -

This Week In Securities Litigation

by Dorsey & Whitney LLP on

The Supreme Court agreed to hear the appeal from the D.C. Circuit of Raymond J. Lucia Companies on the question of whether the Constitution’s Appointments Clause applied to SEC ALJs. While the Court will presumably resolve...more

Toxic Tort Monitor – January 2018

by Husch Blackwell LLP on

A Review of 2017 Personal Jurisdiction Decisions - In 2017, the U.S. Supreme Court in cases such as BNSF Railway Co. v. Tyrrell and Bristol-Myers Squibb Co. v. Superior Court of California continued the trend that began in...more

Supreme Court To Consider Availability Of Extraterritorial Patent Infringement Damages

by Brooks Kushman P.C. on

On January 12, 2108, the U.S. Supreme Court agreed to hear an appeal addressing whether a patent owner proving infringement under 35 U.S.C. § 271(f) is entitled to damages suffered outside the United States, or whether a...more

Implied False Certification Liability Under the False Claims Act: How the Materiality Standard Offers Protection after Escobar

by Alston & Bird on

The False Claims Act (FCA), initially enacted in 1863 during the Civil War, was sponsored by the Lincoln administration to curtail the rampant fraud and excessive profiteering being perpetuated by government contractors, who,...more

US Supreme Court to Review Physical Presence Requirement for Sales, Use Tax Collection

by Morgan Lewis on

The US Supreme Court agreed to hear South Dakota’s challenge to Quill Corp. v. North Dakota, setting the Court up to decide whether a retailer with no physical presence in a state is required to collect and remit sales and...more

Are Forum Selection Clauses in ERISA Plan Documents Enforceable?

On January 17, 2018, the United States Supreme Court allowed a Seventh Circuit decision to remain in effect that determined that a forum choice provision in an ERISA plan is enforceable, despite ERISA’s statement that suits...more

Financial Services Weekly News - January 2018 #2

by Goodwin on

Editor's Note - In This Issue. The Consumer Financial Protection Bureau (CFPB) announced that it would take another pass at the “Payday, Vehicle Title, and Certain High-Cost Installment Loans” (Payday Rule); the Financial...more

Administrative Proceedings in Peril? Supreme Court Grants Certiorari in Lucia v. SEC

• On January 12, 2018, the Supreme Court granted certiorari in Lucia v. SEC, to resolve a circuit split over whether the SEC’s administrative law judges serve in violation of the Appointments Clause of the Constitution. •...more

High Court Grants Certiorari in Vitamin C Antitrust Litigation

by Holland & Knight LLP on

On Friday, January 12, 2018, the United States Supreme Court agreed to hear the appeal of two Vitamin C purchasers in what has become known as In re: Vitamin C Antitrust Litigation. Appellants are seeking to overturn a 2016...more

Supreme Court to Review SEC ALJs

by Burr & Forman on

On January 12, the US Supreme Court agreed to review the constitutionality of the SEC’s administrative law judges. On November 29, 2017, the SEC did an abrupt about-face, telling the Court it now regards its ALJs as...more

Supreme Court to Decide Who Can Appoint ALJs

The Supreme Court of the United States, on Friday, January 12, 2018, agreed to decide whether the former practice of the Securities and Exchange Commission (SEC) of having its chief judge appoint administrative law judges...more

Supreme Court Will Hear Lucia’s Challenge to Appointment of SEC ALJs

by Ballard Spahr LLP on

On January 12, 2018, the U.S. Supreme Court agreed to hear the Lucia case in which Raymond J. Lucia is challenging how the SEC appoints administrative law judges (“ALJs”)....more

Understanding eDiscovery in Criminal Cases, Part Two: eDiscovery Best Practices

by CloudNine on

...Because more than 90 percent of documents today are generated in electronic format, ESI is becoming more and more prominent in criminal matters, especially white collar criminal cases. But many attorneys who take on a...more

The Supreme Court - January 16, 2018

by Dorsey & Whitney LLP on

On Friday afternoon, the Supreme Court granted certiorari and agreed to hear arguments in twelve cases: Animal Science Products v. Hebei Welcome, No. 16-1220: Whether a court may exercise independent review of an appearing...more

Fresh From the Bench: Precedential Patent Cases From the Federal Circuit

The Supreme Court is taking another patent case, granting certiorari in WesternGeco v. Ion. A divided panel of the Circuit had ruled that the plaintiff was not entitled to lost profits as a result of the sale of components of...more

The Supreme Court Agrees To Review Appointment Requirements For SEC's In-House Judges

by Shearman & Sterling LLP on

On January 12, 2018, the U.S. Supreme Court granted certiorari in Lucia v. Securities and Exchange Commission, No. 17-130, agreeing to resolve a circuit split regarding the appointment process for Securities and Exchange...more

Third Circuit Rules that Employer-Friendly “But For” Causation Standard Applies to False Claims Act Retaliation Claims

In the case of DiFiore v. CSL Behring, LLC, the Third Circuit ruled for the first time that the more demanding “but for” causation standard applies to retaliation claims under the False Claims Act (“FCA”), rejecting the lower...more

Employment Law - January 2018

New Tax Bill Deletes Deduction for Sexual Harassment Settlements - Why it matters - Employers, take note: The new Tax Cuts and Jobs Act contains a provision that prohibits deductions for settlements or payments related...more

Podcast Episode 14 - Four Cases to Watch in 2018

by Locke Lord LLP on

Locke Lord LLP’s Eminent Domain team hosts an original podcast series. In Episode 14, we discuss four cases to watch in 2018: Ganson v. City of Marathon –...more

4 Key Trends In Workplace Class Action Litigation For 2017: #1 Class Action Settlements

by Seyfarth Shaw LLP on

Seyfarth Synopsis: The monetary value of the top workplace class action settlements skyrocketed in 2017. Though all-time highs in this category were reached in each of the past three years, this year’s Report found that...more

False Claims Act's "Rigorous" Materiality Standard Enforced by Second Circuit

by Jones Day on

The Situation: A decision by the U.S. Court of Appeals for the Second Circuit reinforces the growing body of case law regarding the strict materiality requirements of the False Claims Act. The Result: Coyne v. Amgen is...more

California Environmental Law & Policy Update - January 2018 #2

by Allen Matkins on

Focus - Brown administration working to scale down $17 billion Delta tunnels project - The Mercury News - Jan 12 Faced with a shortage of money and political support after seven years of work, Governor Jerry Brown’s...more

Breaking News: U.S. Supreme Court to Revisit Quill, Grants Cert in South Dakota v. Wayfair, et al.

by Reed Smith on

The United States Supreme Court granted cert in South Dakota v. Wayfair, et al., the lead case challenging the Court’s “physical presence” nexus rule reaffirmed in Quill Corp. v. North Dakota (“Quill”). The Court’s eventual...more

Intellectual Property Newsletter - January 2018

by Shearman & Sterling LLP on

Shearman & Sterling’s IP litigation team has published its latest newsletter. The newsletter addresses a number of current IP topics, ranging from the constitutionality and judicial reviewability of inter partes review to...more

Materiality Part II: Government Knowledge

Editor’s Note: This is the second in a five-part series on how U.S. district courts and courts of appeal have applied the materiality standard set forth in Universal Health Services, Inc. v. United States ex rel. Escobar, 136...more

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