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Supreme Court of the United States › Abuse of Discretion

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 -
Harris Beach PLLC

New York’s First Department Holds Trial Court Abused its Discretion in Limiting Scope of Independent Medical Examinations

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Given the high “abuse of discretion” standard of review, any time a discovery ruling is altered or reversed by New York’s Appellate Division, the legal community must take note. Such a decision has the potential to affect...more

Sterne, Kessler, Goldstein & Fox P.L.L.C.

Federal Circuit Appeals from the PTAB and ITC: Summaries of Key 2021 Decisions

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[co-author: Jamie Dohopolski] Last year, the continued global COVID-19 pandemic forced American courts to largely continue the procedures set in place in 2020. The U.S. Court of Appeals for the Federal Circuit was no...more

Carlton Fields

Welcome to the Party, Pal: Supreme Court Invokes Party Presentation Principle

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On May 7, 2020, the U.S. Supreme Court unanimously vacated an opinion of the Ninth Circuit Court of Appeals based on the so-called principle of party presentation. ...more

Faegre Drinker Biddle & Reath LLP

Supreme Court Decides United States v. Sineneng-Smith

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On May 7, 2020, the Supreme Court decided United States v. Sineneng-Smith, No. 19-67, holding that, absent extraordinary circumstances, courts must adhere to the principle of party presentation and decide only those questions...more

Dorsey & Whitney LLP

The Supreme Court - May 7, 2020

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Kelly v. United States, No. 18-1059: When the mayor of Fort Lee, New Jersey refused to back then-Governor Chris Christie’s reelection campaign, the Governor’s Deputy Chief of Staff, Bridget Anne Kelly, and others punished the...more

Husch Blackwell LLP

Toxic Tort Monitor – January 2018

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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

Knobbe Martens

Federal Circuit Review - July 2017

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District Court Abused Discretion in Not Finding Case Exceptional - In Rothschild Connected Devices v. Guardian Protection Services, Appeal No. 2016-2521, the Federal Circuit held that a district court abused its discretion...more

A&O Shearman

Intellectual Property Newsletter - June 2017

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Shearman & Sterling’s IP litigation team has published its quarterly newsletter. The newsletter covers a wide range of current IP topics: the Supreme Court’s TC Heartland patent-venue decision, the constitutionality of inter...more

Benesch

Supreme Court Swats Down the “Voluntary-Dismissal Tactic”

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Let’s say you’re a plaintiff in a federal action and you’re seeking class certification. The district court denies your motion. ...more

Haight Brown & Bonesteel LLP

Ninth Circuit: EEOC Has Broad Subpoena Powers

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On remand from the United States Supreme Court, the Ninth Circuit again vacated a District Court’s Order denying enforcement of an administrative subpoena issued to an employer by the Equal Employment Opportunity Commission...more

Knobbe Martens

Federal Circuit Review | April 2017

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Patentee’s Unnecessarily Broad Prosecution Disclaimer Affirmed by Federal Circuit - In Technology Properties Limited LLC v. Huawei Technologies Co., Ltd., Appeal Nos. 2016-1306, -1307, -1309, -1310, -1311, the Federal...more

Proskauer - California Employment Law

California Employment Law Notes - May 2017

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Ruth Featherstone alleged that her former employer (SCPMG) discriminated against her based on a "temporary disability" that was caused by an adverse drug reaction, which resulted in an "altered mental state." During this...more

Amundsen Davis LLC

Supreme Court Clarifies That Limited Appellate Review Applies To EEOC Subpoena Enforcement

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The Supreme Court’s recent McLane Company v. EEOC decision addresses the constraints placed on appellate review of actions to enforce or quash broadly written Equal Opportunity Employment Commission (EEOC) subpoenas. The case...more

Mintz - Employment Viewpoints

Supreme Court Confirms Deferential Standard of Review for EEOC Subpoenas

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Earlier this month, the Supreme Court confirmed that federal appeals courts should apply a deferential standard of review to federal district court determinations regarding the legal sufficiency of EEOC subpoenas....more

Holland & Knight LLP

Supreme Court: District Court EEOC Subpoena Enforcement Decisions Subject to Abuse of Discretion

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The Supreme Court of the United States issued its decision on April 3, 2017, in McLane Co., Inc. v. Equal Employment Opportunity Commission, a case which presented the question of what the appropriate standard of appellate...more

Orrick - Employment Law and Litigation

I’ll Defer To You: Supreme Court Rules Appellate Courts Should Apply Abuse Of Discretion Standard When Reviewing EEOC Subpoena...

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Recently, in McLane Co., Inc. v. EEOC, case number 15-1248 , the United States Supreme Court clarified the standard for when an appellate court reviews a trial court’s order to enforce or quash a subpoena from the EEOC....more

Parker Poe Adams & Bernstein LLP

Supreme Court Defers to Lower Court Determinations on EEOC Subpoena Powers

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In a disturbingly increasing number of charge investigations, employers have faced broad information requests from the Equal Employment Opportunity Commission (EEOC), including requests that appear unrelated to the charging...more

Kelley Drye & Warren LLP

Supreme Court Message – Be Wary of EEOC Subpoenas

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On Monday, the Supreme Court held that appellate courts must utilize the deferential “abuse-of-discretion” standard when evaluating a ruling on a subpoena issued by the Equal Employment Opportunity Commission (“EEOC”)...more

Seyfarth Shaw LLP

U.S. Supreme Court Holds That An Abuse-Of-Discretion Standard Applies To Review Of EEOC Subpoenas

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Seyfarth Synopsis: Monday, the U.S. Supreme Court handed down its long-awaited decision in McLane Co. v. EEOC, No. 15-1248, 2017 U.S. LEXIS 2327 (U.S. 2017), a decision that clarifies the scope of review for employers facing...more

Ballard Spahr LLP

U.S. Supreme Court Rejects De Novo Review for EEOC Subpoenas

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The U.S. Supreme Court resolved a circuit court split regarding the standard of review applicable to district court decisions that evaluate the enforceability of EEOC investigative subpoenas and held yesterday that an abuse...more

Franczek P.C.

Supreme Court Holds Deferential Standard is Appropriate for EEOC Subpoena Reviews

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Under Title VII, the Equal Employment Opportunity Commission (EEOC) has the authority to issue subpoenas for documents relevant to its investigations. Prior to the Supreme Court’s decision in McLane Co. v. EEOC, which issued...more

Dorsey & Whitney LLP

The Supreme Court - April, 2017

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The Supreme Court of the United States issued decisions in two cases today: McLane Co. v. EEOC, No. 15-1248: Damiana Ochoa filed a discrimination charge against petitioner McLane Co. when she was terminated after...more

Fisher Phillips

Supreme Court Limits EEOC Subpoena Power

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In a 7 to 1 decision, the U.S. Supreme Court ruled today that courts of appeals should largely defer to lower courts’ decisions when policing subpoenas issued by the Equal Employment Opportunity Commission (EEOC). By...more

Dorsey & Whitney LLP

EEOC Subpoenas are Subject to the Abuse of Discretion Standard of Review

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On April 3, 2017, the U.S. Supreme Court issued its decision in McLane Co. v. EEOC, addressing how federal courts review subpoenas that the EEOC issues while investigating charges of employment discrimination. McLane involved...more

Schwabe, Williamson & Wyatt PC

Supreme Court and Precedential Federal Circuit Patent Cases

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In SCA v. First Quality Baby Products, the Supreme Court holds that laches should not be available as a defense in patent cases, refusing to concur with the Circuit’s en banc holding that the Patent Act’s 6-year limitation on...more

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