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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 -
Goodwin

Hughes et al v. Northwestern University et al – Supreme Court Urges Courts to Undertake a Context-Specific Scrutiny of...

Goodwin on

On Monday, the U.S. Supreme Court vacated the Seventh Circuit’s decision in Hughes v. Northwestern University, an important ERISA case. Although the Court’s decision vacated a Seventh Circuit victory for plan sponsor...more

Bradley Arant Boult Cummings LLP

What Does the Supreme Court’s Newest Fee Decision Mean for Retirement Plans?

Bradley Arant Boult Cummings LLP on

On January 24, the U.S. Supreme Court issued a short unanimous opinion in Hughes v. Northwestern University. The importance of the opinion will likely be modest. At a basic level, all the Supreme Court did was reinstate a...more

Bradley Arant Boult Cummings LLP

On Again, Off Again Vaccine Mandates: What Should Employers Do Now?

Bradley Arant Boult Cummings LLP on

And Then There Was One... Mere weeks ago, there were three federal government-issued COVID-19 vaccine mandates in play: (1) the Occupational Safety and Health Administration’s (OSHA’s) Emergency Temporary Standard (ETS)...more

Sheppard Mullin Richter & Hampton LLP

California Supreme Court Holds That McDonnell Douglas Standard Should Not Be Used When Evaluating Whistleblower Retaliation Claims

Sheppard Mullin Richter & Hampton LLP on

In Lawson v. PPG Architectural Finishes, Inc., __ P.3d __, 2022 WL 244731 (Cal., Jan. 27, 2022), the California Supreme Court clarified that whistleblower retaliation claims brought under Labor Code section 1102.5 should not...more

Lowndes

OSHA Throws in Towel on Emergency "Vaccinate-or-Test" Mandate; Permanent Rule Looms

Lowndes on

Wednesday, OSHA formally withdrew the ETS (large employer "vaccinate-or-test" rule) as a binding, enforceable emergency temporary standard. OSHA took this action after the U.S. Supreme Court blocked OHSA from implementing its...more

Stark & Stark

The ETS, the Supreme Court Ruling, and the Vax-or-Test Rollercoaster: What Should Your Business Do Now? - Update

Stark & Stark on

Temporary Standard (ETS) The vax-or-test legal rollercoaster ride continues, leaving human resource managers’ heads spinning, lawyers prognosticating, and employers simply wondering what comes next. On January 13, 2022,...more

Venable LLP

SCOTUS and WOTUS: Is Sackett Case the Final Chapter?

Venable LLP on

On January 24, 2022, the U.S. Supreme Court granted certiorari on a fundamental environmental law question that has lingered for several decades - what is the appropriate definition of "waters of the United States" (WOTUS) in...more

Miller Canfield

Important Reminder from the U.S. Supreme Court - Just Giving Plan Participants Options Is Not Enough to Satisfy the Duty of...

Miller Canfield on

KEY TAKEAWAYS - ..Plan fiduciaries have a duty of prudence to independently evaluate on an ongoing basis investments offered in a plan’s menu of options and remove any imprudent ones. ..Plan participants’ ultimate...more

Clark Hill PLC

Supreme Court Declines to Close Floodgates on 401(k) and 403(b) Fee Litigation

Clark Hill PLC on

The past 15 years have witnessed a steady stream of lawsuits alleging that employers’ 401(k) or 403(b) plans forced participants into underperforming or overpriced investment options, or that plan participants’ accounts were...more

Parker Poe Adams & Bernstein LLP

U.S. Supreme Court Says Retirement Plan Must Scrutinize Expenses Even if It Offers Lower-Fee Options

Parker Poe Adams & Bernstein LLP on

In recent years, participants in 401(k) and similar employer-sponsored retirement plans have filed class action suits alleging that the plans contain overly expensive investment options. On Monday, the U.S. Supreme Court...more

Troutman Pepper

U.S. Supreme Court Decision Potentially Opens Floodgates for ERISA Breach of Fiduciary Duty Claims

Troutman Pepper on

On January 24, the U.S. Supreme Court, in a unanimous opinion, ruled in Hughes v. Northwestern University that offering an array of allegedly prudent investment choices within the plan does not serve as a categorial defense...more

Constangy, Brooks, Smith & Prophete, LLP

Biden's Supreme Court nominee -- who will she be?

Constangy, Brooks, Smith & Prophete, LLP on

Biden promises a nominee by end of February. Justice Stephen Breyer has announced his retirement from the U.S. Supreme Court effective sometime this summer, presumably to guarantee that President Biden rather than a...more

Snell & Wilmer

More is Not Always Better: Supreme Court Reexamines Fiduciary Duty of Prudence

Snell & Wilmer on

In what may be one of the shortest decisions this term, the Supreme Court handed down a unanimous six-page opinion on January 24, 2022 in Hughes v. Northwestern University. Vacating the Seventh Circuit’s decision, the Court...more

Rothwell, Figg, Ernst & Manbeck, P.C.

Supreme Court’s Denial of Apple and Mylan’s Petitions Leaves NHK/Fintiv Rule in Place

Rothwell, Figg, Ernst & Manbeck, P.C. on

On January 18, the Supreme Court denied petitions for writs of certiorari from both Apple and Mylan Laboratories. Each company sought to challenge the NHK/Fintiv framework that was developed by the Patent Trial and Appeal...more

Foley Hoag LLP - Environmental Law

What’s Up With the Supreme Court?

Foley Hoag LLP - Environmental Law on

As everyone knows, the Supreme Court has teed up West Virginia v. EPA, which challenges EPA’s authority to regulate greenhouse gases, and Sackett v. EPA, which challenges EPA’s authority to define what constitutes a water of...more

Kohrman Jackson & Krantz LLP

Biden Administration Withdraws Workplace Vaccine Mandate

Kohrman Jackson & Krantz LLP on

The Occupational Safety and Health Administration (OSHA) formally withdrew the COVID-19 vaccine mandate for large private employers effective Jan. 26, 2022. This announcement follows the United States Supreme Court’s recent...more

Bodman

OSHA Withdraws the Vaccinate-or-Test Emergency Temporary Standard

Bodman on

On November 5, 2021, the Occupational Safety and Health Administration (“OSHA”) released its controversial Emergency Temporary Standard (“ETS”), which required “large” employers to implement COVID-19 vaccine mandates or...more

Groom Law Group, Chartered

The Supreme Court’s Northwestern Decision – A Win for Plaintiffs but a Possible Turn In the Tide?

Groom Law Group, Chartered on

On January 24, 2022, in a unanimous decision, the Supreme Court in Hughes v. Northwestern reinstated the long-running case against Northwestern University by sending the case back to the lower courts for further review. ...more

Bradley Arant Boult Cummings LLP

Mandate, We Hardly Knew You: OSHA Withdraws Large Employer Vaccine Standard

Bradley Arant Boult Cummings LLP on

As we all know, the Supreme Court stayed the COVID-19 vaccine mandate for employers with 100 or more employees. As of today, OSHA has withdrawn that emergency temporary standard. The announcement notes that:...more

Kohrman Jackson & Krantz LLP

After Scotus Ruling On Vax Mandate, What’s Next For Employers?

Kohrman Jackson & Krantz LLP on

On Jan. 13, 2022, the United States Supreme Court (SCOTUS) granted an emergency request for relief staying the Occupational Safety and Health Administration’s Emergency Temporary Standard (ETS), requiring all employers with...more

Butler Snow LLP

CMS’ Phase 1 Deadline for Vaccine Mandate to Take Effect for Certain States Tomorrow

Butler Snow LLP on

Following the Supreme Court’s decision in Biden v. Missouri, CMS will require several states to be compliant with the “Phase 1” requirements of its Interim Final Rule (“IFC”) as of January 27, 2022. These states include...more

Arent Fox

CMS Vaccine Mandate Upheld by US Supreme Court: Are There Any Limits on the Types of Conditions CMS Can Impose on Providers?

Arent Fox on

The "core mission" of the Centers for Medicare and Medicaid Services (CMS) is to ensure that the health care providers who care for Medicare and Medicaid patients protect their patients' health and safety gives the agency...more

Manatt, Phelps & Phillips, LLP

Just as EPA Was Fixing Wetlands Rules, Along Come the Sacketts . . . Again

Manatt, Phelps & Phillips, LLP on

The Idaho family that upended the Obama administration’s wetlands regime in the Supreme Court is back, much to the dismay of the Biden administration. On Monday, the Supreme Court issued a surprise order agreeing to review,...more

Buckingham, Doolittle & Burroughs, LLC

OSHA Withdraws its Vaccine or Testing ETS

Buckingham, Doolittle & Burroughs, LLC on

On January 25, 2022, the Occupational Safety and Health Administration (“OSHA”) announced that it is withdrawing the November 5, 2021, Vaccine or Testing Emergency Temporary Standard (Vaccination and Testing ETS), which...more

Miller & Martin PLLC

Supreme Court Justice Breyer Retirement Opens Door for First Biden Administration Nomination

Miller & Martin PLLC on

Early Tuesday afternoon, long-time U.S. Supreme Court Justice Stephen Breyer announced his retirement from the Court following conclusion of the Court’s 2022 term this October.  Justice Breyer, 83, was appointed to the Court...more

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Updated: Dec 28, 2021:

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Information for EU and Swiss Residents

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Privacy Officer
JD Supra, LLC
150 Harbor Drive, #2760
Sausalito, CA 94965

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California Privacy Rights

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Privacy Officer
JD Supra, LLC
150 Harbor Drive, #2760
Sausalito, CA 94965

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Changes in Our Privacy Policy

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Contacting JD Supra

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Updates to This Policy

We may update this cookie policy and our Privacy Policy from time-to-time, particularly as technology changes. You can always check this page for the latest version. We may also notify you of changes to our privacy policy by email.

Contacting JD Supra

If you have any questions about how we use cookies and other tracking technologies, please contact us at: privacy@jdsupra.com.

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This website uses cookies to improve user experience, track anonymous site usage, store authorization tokens and permit sharing on social media networks. By continuing to browse this website you accept the use of cookies. Click here to read more about how we use cookies.