News & Analysis as of September 20, 2024

Supreme Court of the United States › Federal v State Law Application

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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 -

Important National Bank Act (NBA) preemption case to be argued Today, February 27, before US Supreme Court

Ballard Spahr LLP on 2/27/2024

The oral argument in Cantero v. Bank of America, N.A. will be heard on Tuesday, February 27 before the US Supreme Court. The Court recently granted the unopposed motion of the Solicitor General to participate in the oral...more

10 Legal Challenges for the Cannabis Industry in 2023

ArentFox Schiff on 5/12/2023

1. Cannabis Entering the Metaverse - As we discuss in greater detail here, the Metaverse provides expansive marketing and sales opportunities for cannabis companies due to its decentralized nature and the varied regulatory...more

What Employers Need to Know About Access to Reproductive Care After Dobbs

Verrill on 7/7/2022

The United States Supreme Court’s decision in Dobbs v. Jackson Women’s Health Organization, No. 19-1392 (June 24, 2022) overturning Roe v. Wade and Planned Parenthood v. Casey, has led to a host of different responses from...more

Dobbs’ Impact on Employers

Polsinelli on 7/6/2022

On June 24, 2022, the United States Supreme Court issued its long-anticipated ruling in Dobbs v. Jackson Women’s Health Organization. In Dobbs, the Supreme Court upheld Mississippi’s abortion restrictions making most abortion...more

Supreme Court Upholds Representative Action Waivers In Employee Arbitration Agreements

Jones Day on 6/29/2022

Case Overview - On June 15, 2022, the United States Supreme Court issued its decision in Viking River Cruises, Inc. v. Moriana, No. 20-1573. The Court held that the rule from Iskanian v. CLS Transportation Los Angeles,...more

The U.S. Supreme Court Says PAGA Representative Action Waivers Are Enforceable After All

Proskauer - California Employment Law on 6/24/2022

On June 15, 2022, in Viking River Cruises, Inc. v. Moriana, Case No. 20-1573,_ U.S. _ (2022), by an 8-1 majority, the U.S. States Supreme Court held that the Federal Arbitration Act (“FAA”) preempts the California Supreme...more

Supreme Court Permits Arbitration of Individual PAGA Claims

Littler on 6/17/2022

The United States Supreme Court’s decision in Viking River Cruises v. Moriana will dramatically impact employers’ rights to enforce arbitration agreements related to claims under California’s Private Attorneys General Act...more

US Supreme Court Raids California’s PAGA Jurisprudence in Viking River

CDF Labor Law LLP on 6/17/2022

Wednesday, the United States Supreme Court issued a highly anticipated decision in Viking River Cruises v. Moriana. The decision addresses the apparent conflict between the Federal Arbitration Act (FAA) and California’s...more

Supreme Court Delivers a PAGA Win to Employers

Manatt, Phelps & Phillips, LLP on 6/16/2022

Yesterday, the United States Supreme Court issued its long-awaited decision in Viking River Cruises, Inc. v. Moriana, Case No. 20-1573, regarding California’s ban on Private Attorney General Act (PAGA) representative waivers...more

U.S. Supreme Court Holds That The Federal Arbitration Act Preempts California’s Rule Prohibiting Contractual Arbitration of...

Polsinelli on 6/16/2022

On June 15, 2022, the U.S. Supreme Court issued its highly anticipated opinion in Viking River Cruises, Inc. v. Moriana, which considered whether or not claims brought under the California Private Attorneys General Act...more

Does McGirt Cede Oklahoma Waters to Native American Tribes?

Mitchell, Williams, Selig, Gates & Woodyard,... on 7/21/2020

On July 9, the U.S. Supreme Court made waves in McGirt v. Oklahoma by overturning a criminal conviction imposed upon a Native American defendant under Oklahoma law. The primary reasons for overturning the conviction were that...more

Indian Land Then, Remains Indian Land Now: The Supreme Court Confirms That a Significant Portion of Eastern Oklahoma Is a Native...

K&L Gates LLP on 7/21/2020

On July 9, 2020, the United States Supreme Court held in McGirt v. Oklahoma that, for purposes of the Major Crimes Act (MCA), land in eastern Oklahoma reserved for the Creek Nation pursuant to a treaty ratified by Congress...more

Oklahoma Oil and Gas Business Braces for Change in Wake of Supreme Court Decision

Hicks Johnson on 7/16/2020

On July 9, 2020, the Supreme Court issued its opinion in McGirt v. Oklahoma, ruling that most of the eastern half of Oklahoma is an Indian reservation. While the decision ostensibly resolves a jurisdictional challenge to a...more

McGirt v. Oklahoma

Dorsey & Whitney LLP on 7/15/2020

In series of Treaties with the Creek Nation in the 1830s, the United States established a Reservation for the Creeks, covering millions of acres in northeastern Oklahoma, including land on which the City of Tulsa is located....more

Monumental SCOTUS Ruling Has Potential to Alter Legal and Regulatory Regimes in Eastern Oklahoma and Western Arkansas

Mitchell, Williams, Selig, Gates & Woodyard,... on 7/13/2020

Yesterday, the United States Supreme Court clouded the jurisdiction of the entire eastern half of Oklahoma in McGirt v. Oklahoma, including the state’s power to enforce laws within the City of Tulsa, by holding that certain...more

Creek Nation Affirmed: Supreme Court Maintains Congress Must Clearly Express Intent to Disestablish a Reservation

Faegre Drinker Biddle & Reath LLP on 7/13/2020

On July 9, 2020, the U.S. Supreme Court held in McGirt v. Oklahoma, No. 18-9526, that the Creek Nation’s reservation in northeastern Oklahoma has never been disestablished. The decision resolves not only McGirt, but its...more

Supreme Court Decides McGirt v. Oklahoma

Faegre Drinker Biddle & Reath LLP on 7/13/2020

On July 9, 2020, the U.S. Supreme Court decided McGirt v. Oklahoma, No. 18-9526, holding that the Creek Nation’s reservation in northeastern Oklahoma, which includes most of the city of Tulsa, has never been disestablished. ...more

SCOTUS Upholds Kansas’s Insanity Defense, Allows States To Formulate Own Variations Of Historical Defense

Vinson & Elkins LLP on 6/25/2020

By the end of June 2020, the U.S. Supreme Court will have ended its latest term, which included several notable criminal law cases. In a decision dated March 23, 2020, the Court ruled that the Due Process Clause of the...more

Supreme Court Issues Important Superfund Ruling

Lathrop GPM on 5/5/2020

On April 20, 2020 the United States Supreme Court handed down an important decision on the reaches of settlements involving the Comprehensive Environmental Response, Compensation, and Liability Act (CERCLA, or “Superfund”)....more

Supreme Court Confirms State Court Jurisdiction Over Property Damage Claims, but Limits Restoration Remedies for Superfund Sites

Nutter McClennen & Fish LLP on 4/30/2020

On April 20, 2020, in Atlantic Richfield Company v. Christian (ARCO v. Christian or ARCO), the U.S. Supreme Court held that federal Superfund law does not preclude individuals from filing state claims for further cleanup of...more

SCOTUS Clarifies Uncertainty Surrounding Restoration Damages Under Superfund Program

McGlinchey Stafford on 4/21/2020

Today, the Supreme Court of the United States released the much-anticipated opinion that had the potential to turn the entire Superfund Program on its head. The Court resolved the lingering question regarding whether parties...more

In Decision With Important Tax and Bankruptcy Implications, Supreme Court Rejects Application of So-Called 'Bob Richards Rule'

Kramer Levin Naftalis & Frankel LLP on 3/12/2020

In its recent decision in Rodriguez v. Federal Deposit Insurance Corp., No. 18–1269 (Sup. Ct. Feb. 25, 2020), the Supreme Court held that federal courts may not apply the federal common law “Bob Richards Rule” to determine...more

Supreme Court hears arguments in CERCLA case that could have widespread ramifications

McGlinchey Stafford on 3/4/2020

On December 3, 2019, the U.S. Supreme Court heard oral arguments in a CERCLA case that could have ramifications for industry around the country. The case, Atlantic Richfield Co. v. Christian (the Christian case), involves...more

The Supreme Court’s Rejection of the Bob Richards Rule Creates Uncertainty Regarding the Entitlement of Members of a Consolidated...

A&O Shearman on 3/3/2020

On February 25, 2020, the United States Supreme Court in Rodriguez v. Federal Deposit Insurance Corporation struck down a judicial federal common law rule—known as the Bob Richards rule—that is used by courts to allocate tax...more

U.S. Supreme Court Rules Against Use of Bob Richards Rule to Determine Ownership of Tax Refund Within Consolidated Group:...

Kelley Drye & Warren LLP on 3/3/2020

On February 25, 2020, in Rodriguez v. Federal Deposit Insurance Corporation, No. 18-1269 (U.S. 2020), the U.S. Supreme Court effectively ruled that the so-called “Bob Richards rule” should not be used to determine which...more

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Supreme Court of the United States › Federal v State Law Application

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