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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 -

Guest Post: Christmas Came Early on December 8 – Favorable Developments in Fosamax & Accutane Litigation

by Reed Smith on

This guest post is by Kevin Hara, an associate at Reed Smith and relatively frequent contributor to the Blog. Here, he discusses two recent favorable procedural developments in further appeals from two really awful decisions...more

The Federal Circuit Criticizes A PTAB Partial Institution

by Jones Day on

The PTAB’s practice of partially instituting IPRs has been in the news lately, with Jones Day recently arguing against that practice at the Supreme Court on behalf of the SAS Institute (“SAS”). On December 5, 2017, the week...more

For Whom the Pipe Tolls: SCOTUS to Decide Whether American Pipe Tolling Applies to “Piggyback” Class Actions

Federal courts generally agree that when certification of a class action is denied or the case is dismissed, the statute of limitations on the claim asserted on behalf of the would-be class is deemed to have been tolled...more

The U.S. Supreme Court to Clarify the Application of American Pipe Tolling to Class Actions

• The U.S. Supreme Court granted a certiorari petition filed by China Agritech from the 9th Circuit’s decision in Resh v. China Agritech, Inc., 857 F.3d 994 (9th Cir. 2017). The Court will clarify whether its landmark ruling...more

Digital Realty Trust, Inc. v. Somers Oral Argument Recap

As we have previously noted here, in Digital Realty Trust, Inc. v. Somers, the United States Supreme Court will decide how to interpret the term “whistleblower” under the Dodd-Frank Act, and how to apply the term to the Act’s...more

News Now: Your One Minute Legal Insight (New Judges, Wedding Cakes, and School Vouchers)

by Sherman & Howard L.L.C. on

As always, there’s plenty of public law news to cover this month from Colorado and beyond. Here are your highlights...more

The U.S. Supreme Court Grants Class Defendants’ Petition For Certiorari In Ninth Circuit American Pipe Tolling Case (Resh V. China...

As we discussed at length last June [Ninth Circuit extends tolling doctrine to allow successive class actions, subject only to preclusion and “comity” defenses], the Ninth Circuit in Resh v. China Agritech, Inc., 857 F.3d...more

SCOTUS: Only Appeal Filing Deadlines Prescribed by Statute are “Jurisdictional”

by Robins Kaplan LLP on

On November 8, 2017, the Supreme Court issued an unanimous opinion in Hamer v. Neighborhood Housing Services of Chicago, Case No. 16-658, clarifying that an appeal filing deadline prescribed by statute is “jurisdictional,”...more

SCOTUS declines to determine whether Title VII covers sexual orientation

by McAfee & Taft on

In a bit of a surprise move, the U.S. Supreme Court today passed on an opportunity to provide some long-awaited clarity on the interplay between sexual orientation and Title VII of the Civil Rights Act of 1964. In Evans v....more

DOJ sides with Lucia against the SEC in dispute over whether ALJs are inferior officers

by Ballard Spahr LLP on

The Supreme Court is considering a cert petition requesting that it hear the Lucia case, which we have blogged about extensively due to its potential impact on the outcome of the PHH case. Significantly, the DOJ recently...more

SAS v. Matal – Overview of Oral Argument

On Monday, November 27, 2017, the Supreme Court heard oral arguments in SAS Institute v. Matal. Issue presented - Whether 35 U.S.C. § 318(a) requires that the Patent Trial and Appeal Board (PTAB or Board) issue a final...more

The Supreme Court - December 11, 2017

by Dorsey & Whitney LLP on

On Friday, the Supreme Court granted certiorari and agreed to hear arguments in seven cases: China Agritech, Inc. v. Resh, No. 17-432: Whether the rule from American Pipe and Construction Co. v. Utah, 414 U.S. 538 (1974),...more

Supreme Court Agrees to Decide Whether Statute of Limitations Bars Successive Class Actions

by Ballard Spahr LLP on

In China Agritech, Inc. v. Resh, the U.S. Supreme Court has agreed to decide an important and recurring class action issue that has divided the courts of appeals—does the tolling of the statute of limitations for class...more

In Reversal, SEC Agrees That Its Administrative Law Judges Are Inferior Officers That Require Commission Appointment, But Still...

by Shearman & Sterling LLP on

On November 29, 2017, the U.S. Solicitor General submitted a brief to the United States Supreme Court in Lucia v. Securities and Exchange Commission, No. 17-130, urging the Court to grant certiorari and resolve a circuit...more

Yellow is Not Gold for Cheerios™, and Other Tales of Color Trademarks

by Baker Donelson on

Close your eyes and transport yourself to the cereal aisle of your grocery store: can you picture the design of a box of original Cheerios™, color and all? General Mills recently tried, and failed, to obtain a federal...more

Two Supreme Court Orders Reinstate Trump’s Travel Ban

by Mintz Levin on

On Monday, December 4, 2017, the U.S. Supreme Court issued two separate, but related, orders staying lower courts’ preliminary injunctions against President Trump’s most recent travel ban. The practical impact of these...more

Beltway Buzz - December, 2017 #2

Another hectic week here in D.C. has us feeling like we’re living in a glass case of emotion. Here’s why...more

Office of Special Education and Rehabilitative Services Issues Q&A Guidance on FAPE Standard Under Endrew F.

by Hodgson Russ LLP on

As we previously reported, the United States Supreme Court’s recent decision in Endrew F. v. Douglas County School District RE-1 addressed the standards by which schools must provide students with disabilities a free...more

U.S. Supreme Court Hears Oral Argument In Key Case On LGBT Rights And Religious Liberty

by Seyfarth Shaw LLP on

Seyfarth Synopsis: Oral argument suggests the Supreme Court is narrowly divided on how to reconcile non-discrimination protections for LGBT individuals with claims for religious liberty, with Justice Kennedy appearing likely...more

American Indian Law and Policy: 10 Things You Need to Know - December 2017

Congress returned from the Thanksgiving holiday with an intense workload that must be completed by the end of the year. Tax reform remains a focus, and the Republican-controlled Congress is still committed to getting a final...more

Supreme Court Hears Oral Arguments in Oil States Regarding Constitutional Challenge to Inter Partes Review

We first covered the Supreme Court’s grant of certiorari in Oil States Energy Servs., LLC v. Greene’s Energy Grp., LLC, 137 S. Ct. 2239 (2017), a case with the potential to substantially alter the patent litigation landscape,...more

Patent Exhaustion: Supreme Court Expands Patent-Limiting Doctrine

The U.S. Supreme Court at the end of the past term handed down a decision, Impression Products, Inc. v. Lexmark International, Inc., that greatly expanded the doctrine of patent exhaustion. This equitable doctrine prevents a...more

Data Privacy + Cybersecurity Insider - December 2017

by Robinson & Cole LLP on

The Consumer Financial Protection Bureau (CFPB), one of the watchdogs of the financial services industry, has announced through Acting Director Mick Mulvaney that it will no longer collect personal information of consumers...more

The SEC Urges Supreme Court Review Of The Constitutionality Of Its Administrative Law Judges

On November 29, 2017, the Solicitor General filed a brief on behalf of the Securities and Exchange Commission (the "Commission") in Raymond J. Lucia et al. v. Securities and Exchange Commission, No. 17-130, asking the Supreme...more

Supreme Court Searches for Fourth Amendment Line for the Digital Economy

by Ropes & Gray LLP on

On November 29, 2017, the Supreme Court heard oral argument in Carpenter v. United States. The Court’s decision could have critical implications for companies operating in the digital economy and their ability to limit...more

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