News & Analysis as of May 31, 2025

Certiorari

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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 -

Everyone Please Stand: Supreme Court to Consider Standing Requirements for Class Actions, With the Potential to Resolve...

Morrison & Foerster LLP - Class Dismissed on 2/20/2025

On January 24, 2024, the Supreme Court granted certiorari in Laboratory Corp. of America v. Davis (“LabCorp”),[1] to consider “[w]hether a federal court may certify a class action pursuant to Federal Rule of Civil Procedure...more

Supreme Court to Address Article III Standing Problems in Class Actions - Again

Goodwin on 1/31/2025

On January 24, 2025, the Supreme Court granted certiorari in the case of Laboratory Corp. of America v. Davis, No. 24-0304, to decide “[w]hether a federal court may certify a class action pursuant to Federal Rule of Civil...more

The Supreme Court Update - October 4, 2024

Dorsey & Whitney LLP on 10/7/2024

Today, the Supreme Court of the United States granted certiorari in 15 cases: Waetzig v. Halliburton Energy Solutions, No. 23-971: This case concerns the intersection between Federal Rule of Civil Procedure 41, which...more

CCPA Class Actions and Standing Requirements

Dorsey & Whitney LLP on 3/4/2021

When the California Consumer Privacy Act (“CCPA”) went into effect on January 1, 2020, most observers expected a flood of CCPA class action lawsuits against companies essentially defenseless against the proscriptive liability...more

Lucky Opening Brief on Cert.: Second Circuit’s Novel “Defense Preclusion” Rule Turns a Blind Eye on Bedrock Preclusion Principles

Akerman LLP - Marks, Works & Secrets on 10/29/2019

In June 2019, the United States Supreme Court granted certiorari in Lucky Brand Dungarees Inc., et al. v. Marcel Fashion Group Inc., No. 18-1086. As set forth in our prior blog posts, Lucky Brand Dungarees Inc. and related...more

ERISA Newsletter - Second Quarter 2019

Proskauer Rose LLP on 7/16/2019

Editor's Overview - As the summer heats up, so too has the U.S. Supreme Court's docket for next term where it has already agreed to hear three ERISA cases and more may be in the works. On the docket already are ERISA...more

Fort Bend County v. Davis: SCOTUS Bends Employers' Defense to Title VII Claims, But Doesn't Break It

Snell & Wilmer on 6/14/2019

On June 3, 2019, the United States Supreme Court ("Supreme Court") unanimously held in Fort Bend County v. Davis that federal courts may be able to hear claims brought under Title VII of the Civil Rights Act of 1964 (“Title...more

Failure to File EEOC Charge Does Not Automatically Bar Title VII Claims, Supreme Court Says

Williams Mullen on 6/6/2019

On June 3, 2019, the U.S. Supreme Court held that an employee may be able to proceed with a federal discrimination lawsuit, even if the employee has not first filed a Charge of Discrimination with the Equal Employment...more

SCOTUS rules exhaustion of administrative remedies is not jurisdictional – Does it matter?

Eversheds Sutherland (US) LLP on 6/5/2019

On June 3, 2019, the Supreme Court issued a unanimous decision holding that Title VII’s administrative exhaustion requirement is not a jurisdictional bar to filing a lawsuit in court. The lawsuit involved an individual, Lois...more

U.S. Supreme Court limits employer defense to federal discrimination claims

Bricker Graydon LLP on 6/5/2019

The U.S. Supreme Court recently delivered an important decision limiting an employer’s ability to dismiss federal employment discrimination lawsuits under Title VII of the Civil Rights Act of 1964. In Fort Bend County v....more

Supreme Court Rules that Employers Must Timely Raise Exhaustion of Administrative Remedies in Title VII Claims or Risk Forfeiting...

Ballard Spahr LLP on 6/5/2019

On Monday, June 3, 2019, the U.S. Supreme Court issued a decision in Fort Bend County v. Davis, unanimously finding that Title VII’s administrative exhaustion requirement is not jurisdictional and that employers may forfeit...more

Supreme Court Holds EEOC Charge-Filing Requirement is Not Jurisdictional

Littler on 6/4/2019

On June 3, 2019, the U.S. Supreme Court held in Fort Bend County v. Davis that the requirement to file a charge of discrimination with the EEOC (or relevant state or local agency) is not a jurisdictional prescription to a...more

Scotus Makes Defending Job Bias Claims More Difficult for Employers

Benesch on 6/4/2019

On June 3, 2019, the Supreme Court of the United States affirmed a decision of the 5th Circuit Court of Appeals, which held that employers in discrimination claims can waive their right to assert that the Plaintiff failed to...more

What the United States Supreme Court Holding on EEOC Charges Really Means

Foley & Lardner LLP on 6/4/2019

On June 3, 2019, the U.S. Supreme Court issued a unanimous decision, written by Justice Ginsberg, that filing an EEOC Charge is not “jurisdictional.” Fort Bend County, Texas v. Davis, No. 18-525 (June 3, 2019)....more

Supreme Court Rules Title VII’s Requirement to File a Charge With the EEOC Is Not Jurisdictional

Ogletree, Deakins, Nash, Smoak & Stewart,... on 6/4/2019

On June 3, 2019, the Supreme Court of the United States ruled that the precondition in Title VII of the Civil Rights Act of 1964 requiring employees to file a charge with the Equal Employment Opportunity Commission (EEOC)...more

U.S. Supreme Court Weakens Employer’s Procedural Defense Against Bias Suits

Burr & Forman on 6/4/2019

On Monday, June 3, 2019, the U.S. Supreme Court unanimously ruled that federal courts can hear Title VII discrimination claims even if employees fail to first file with an administrative agency, such as the Equal Employment...more

U.S. Supreme Court to Hear Case on Filing Lawsuit Before Filing EEOC Charge

Parker Poe Adams & Bernstein LLP on 1/25/2019

On January 11, the U.S. Supreme Court accepted an appeal of a Fifth Circuit Court of Appeals decision dealing with the administrative prerequisites for a plaintiff to file suit against an employer under Title VII and related...more

Supreme Court to Review Whether Third-Party Defendants May Remove Class Action Counterclaims under CAFA

Bradley Arant Boult Cummings LLP on 10/3/2018

These are interesting times at the Supreme Court for class certification defendants—and we aren’t talking about the Kavanaugh confirmation process. No, late last week, in Home Depot USA Inc. v. George Jackson, the Supreme...more

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

Bradley Arant Boult Cummings LLP on 12/14/2017

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

Supreme Court Holds Voluntary Dismissal With Prejudice Does Not Constitute An Appealable "Final Decision" That Would Allow The...

A&O Shearman on 6/20/2017

On June 12, 2017, the United States Supreme Court, in an opinion authored by Justice Ginsburg, held that “[f]ederal courts of appeals lack jurisdiction under [28 U.S.C.] § 1291 to review an order denying class certification...more

The Supreme Court - June 5, 2017

Dorsey & Whitney LLP on 6/6/2017

The Supreme Court of the United States issued decisions in five cases today: Advocate Health Care Network v. Stapleton, No. 16-74: This case involves whether three church-affiliated nonprofits that run hospitals and offer...more

Supreme Court to Decide Class Action Issues Involving Settlement Offers to Named Plaintiffs, Statistical Sampling and Class Member...

Robinson & Cole LLP on 6/17/2015

I’ve been delayed a bit in reporting on this, but the October 2015 term of the U.S. Supreme Court is shaping up to be a blockbuster one for class action law. Perhaps even bigger than the October 2010 term, which brought us...more

Supreme Court Agrees to Hear Case Addressing Scope of Wage and Hour Class and Collective Actions

BakerHostetler on 6/11/2015

It’s hard enough to predict what the Supreme Court will do on a given case even after it has been briefed and oral argument has been heard. It’s even harder when all we have is the decision accepting certiorari, but this one...more

Why Did the Supreme Court GVR the Shire Lialda Case?

Foley & Lardner LLP on 1/30/2015

On January 26, 2015, the Supreme Court granted certiorari, vacated, and remanded Shire Development LLC v. Watson Pharmaceuticals, Inc., to the Federal Circuit “for further consideration in light of Teva Pharmaceuticals USA,...more

U.S. Supreme Court Scrutinizes Three Proposed Standards for Determining Section 11 Liability for Statements of Opinion or Belief

Troutman Pepper on 11/19/2014

On Monday, November 3, 2014, the U.S. Supreme Court held oral argument in Omnicare, Inc. v. Laborers District Council Construction Industry Pension Fund, No. 13-435. As noted in our previous client alert regarding this case,...more

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Supreme Court of the United States › Federal Rules of Civil Procedure › Certiorari

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