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Supreme Court of the United States › Dismissals

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 -
Ballard Spahr LLP

Two former Democratic FTC commissioners file suit over dismissal

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The two Democratic FTC members who were fired by President Trump have filed suit in federal court challenging their dismissal....more

Kelley Drye & Warren LLP

Firings of Democratic Commissioners Leave FTC In Flux and Tee Up Revisiting of Humphrey’s Executor

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As news hit last night that President Trump fired the two remaining Democratic FTC Commissioners Alvaro Bedoya and Rebecca Slaughter, many questions abound. Would Commissioners Bedoya and Slaughter contest the dismissals?...more

Ballard Spahr LLP

Trump fires Democratic members of FTC

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President Trump on Tuesday fired the remaining two Democratic members of the FTC, leaving only two Republicans on the commission. The commissioners, Alvaro Bedoy and Rebecca Slaughter, announced their dismissals on social...more

ArentFox Schiff

Investigations Newsletter: Ninth Circuit Reverses Dismissal of FCA Suit

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Ninth Circuit Reverses Dismissal of FCA Suit - On Tuesday, the Ninth Circuit reversed the district court’s grant of Express Scripts’ motion to dismiss a whistleblower’s lawsuit accusing Express Scripts of defrauding the US...more

Alston & Bird

Exploring the Dismissals of the Facebook and NVIDIA Appeals

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Our Securities Litigation Group unpacks the U.S. Supreme Court’s recent dismissal of appeals in two securities class actions....more

Akin Gump Strauss Hauer & Feld LLP

US Supreme Court Declines to Resolve Pleading Requirements for Securities Fraud Claims

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In an unexpected turn of events, the U.S. Supreme Court recently dismissed without explanation two securities fraud class action cases out of the U.S. Court of Appeals for the 9th Circuit—Facebook, Inc. v. Amalgamated Bank...more

Paul Hastings LLP

Public Company Watch: November/December 2024

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This edition of the Public Company Watch highlights critical updates and regulatory changes affecting public companies. Staying informed on these topics is crucial for effective compliance and strategic planning. Highlights...more

A&O Shearman

United States Supreme Court Dismisses NVIDIA Appeal As “Improvidently Granted,” The Second Such Dismissal This Term

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On December 11, 2024, the United States Supreme Court issued a one-sentence decision dismissing the appeal—after having already heard oral argument—in a putative class action asserting claims under the Securities Exchange Act...more

BCLP

U.S. Supreme Court Again Changes its Mind, Will Not Decide NVIDIA Securities Law Dispute

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A month ago, the U.S. Supreme Court seemed on the verge of deciding two securities law cases that could substantially limit plaintiffs’ ability to maintain securities fraud class actions against public companies.  Now, the...more

Dorsey & Whitney LLP

The Supreme Court Update - December 16, 2024

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On December 11, 2024, the Supreme Court of the United States dismissed one case:  NVIDIA Corporation v. E. Ohman J:or Fonder AB, No. 23-970: In June, the Court granted certiorari in this case to address questions related...more

BCLP

U.S. Supreme Court Changes Its Mind, Will Not Decide Facebook Dispute Concerning Public Companies’ Risk-Factor Disclosures

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After hearing argument earlier this month in a widely followed securities law case concerning risk-factor disclosures of public companies, the U.S. Supreme Court last week decided it should not have agreed to hear the case...more

Dorsey & Whitney LLP

The Supreme Court Update - November 25, 2024

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On Friday, November 22, 2024, the Supreme Court of the United States dismissed one case and granted certiorari in two cases: Facebook, Inc. v. Amalgamated Bank, No. 23-980: In June, the Court granted certiorari in this...more

Foley Hoag LLP - White Collar Law &...

District Court Declares FCA Qui Tam Provision Unconstitutional

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On September 30, 2024, in U.S. ex rel. Zafirov v. Florida Medical Associates LLC, Judge Kathryn Mizelle in the Middle District of Florida dismissed a qui tam action under the False Claims Act (“FCA”) on the basis that the...more

A&O Shearman

FINRA Beats First Post-Jarkesy Challenge

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On September 4, 2024, Judge John Murphy of the U.S. District Court for the Eastern District of Pennsylvania dismissed on jurisdictional grounds the first post-Jarkesy constitutional challenge to FINRA’s disciplinary...more

A&O Shearman

Second Circuit Dismisses Rule 10b-5 Claims Based On Pure Omissions Theory Following Remand From The United States Supreme Court

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On August 19, 2024, the United States Court of Appeals for the Second Circuit dismissed, on remand from the United States Supreme Court, putative class action claims brought under Section 10(b) of the Securities Exchange Act...more

Sullivan & Worcester

Federal Appeals Court Strikes Another Blow to Chabad Cultural Property Claims Against Russia

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The U.S. Court of Appeals for the D.C. Circuit recently dismissed a long-running dispute against Russia concerning the library of the Lubavitcher Rebbe (the Library), a collection of books and papers once held by the...more

ArentFox Schiff

Investigations Newsletter: Federal Court Dismisses $680 Million FCA Suit

ArentFox Schiff on

Federal Court Dismisses $680 Million FCA Suit - On July 23, a Maryland federal judge, Ellen L. Hollander, dismissed a $680 million False Claims Act (FCA) suit that was previously revived by the US Supreme Court. The suit...more

Husch Blackwell LLP

Not So Fast: The Supreme Court of the United States Holds District Courts Should Not Dismiss Lawsuits Pending Arbitration

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On May 16, 2024, the Supreme Court of the United States (“SCOTUS”) unanimously held that when a district court finds that when a lawsuit involves an arbitrable dispute and a party has requested a stay of the court proceeding...more

Lathrop GPM

Supreme Court Reverses Ninth Circuit Decision Dismissing Matter Pending Arbitration and Requires a Temporary Stay of Proceedings...

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The United States Supreme Court recently reversed a decision of the Ninth Circuit Court of Appeals that held lower courts may dismiss a case when a party requests a stay pending arbitration. Smith v. Spizzirri, 144 S. Ct....more

Fuerst Ittleman David & Joseph

“Fourth-Order” Arbitration Disputes and Mandatory Stays During Arbitration—a Busy Month in Supreme Court for Arbitration Case Law

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In close succession, the Supreme Court of the United States recently decided two short but meaningful cases that arbitration litigants must keep in mind: Coinbase, Inc. v. Suski, 144 S.Ct. 1186 (May 23, 2024) and Smith v....more

Troutman Pepper Locke

Stay or Dismiss: The Supreme Court Weighs How to Address Cases Subject to Mandatory ‎Arbitration That Are Filed in District Court

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What happens when a party required by contract to arbitrate a claim tries pursuing it in court, nonetheless? Should the case be dismissed? Or must the court hold the case on its docket while the parties seek resolution...more

Cozen O'Connor

Supreme Court Says “Stay” Means “Stay,” Not “Dismiss,” in Resolving FAA Circuit Split

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On May 16, 2024, the Supreme Court, in Smith v. Spizzirri, unanimously held that Section 3 of the Federal Arbitration Act (FAA) requires courts to stay, rather than dismiss, proceedings pending arbitration upon a party’s...more

Burr & Forman

The United States Supreme Court Requires Courts to Stay Rather Than Dismiss Actions Subject to Arbitration

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In Smith v. Spizzirri, 2024 WL 2193872 (U.S. May 16, 2024), the United States Supreme Court issued a ruling holding that courts must stay, rather than dismiss, cases that are subject to arbitration. The unanimous decision...more

Sheppard Mullin Richter & Hampton LLP

Supreme Court Holds that District Courts Must Stay – Not Dismiss – Actions Brought by Parties Subject to Binding Arbitration...

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On May 16, 2024, the United States Supreme Court unanimously held that, when enforcing an arbitration clause subject to the Federal Arbitration Act (FAA), if any party requests a stay, the district court lacks discretion to...more

Perkins Coie

Supreme Court Requires Federal District Courts To Stay Cases Pending Arbitration

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On May 16, 2024, in Smith v. Spizzirri, the Supreme Court of the United States resolved a long-standing circuit split that affects motions to compel arbitration in federal court. Specifically, the Court answered whether...more

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