News & Analysis as of

Split of Authority Supreme Court of the United States

Ogletree, Deakins, Nash, Smoak & Stewart,...

Supreme Court to Determine Whether Retirees Can Claim Disability Discrimination in Benefits

The Supreme Court of the United States has agreed to hear a case that will decide whether retirees can sue for disability discrimination because of changes to retiree benefit plans....more

Saiber LLC

The NetChoice Social Media Cases: Back to the Beginning

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​​​​​​​In a past Trending Law Blog post on November 1, 2023, we discussed how the Supreme Court of the United States granted petitions for certiorari in Florida’s NetChoice LLC v. Moody case and Texas’ NetChoice LLC v. Paxton...more

Venable LLP

Supreme Court Grants Cert to Decide the Burden of Proof for FLSA Exemptions

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On June 17, 2024, the U.S. Supreme Court granted certiorari in E.M.D. Sales, Inc. v. Carrera, adding it to their docket for the 2024-2025 term. This case will finally resolve a split between the U.S. Circuit Courts of Appeal...more

WilmerHale

What's Next After Major First Amendment Win For Online Companies In Supreme Court's NetChoice Decision?

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On July 1, the Supreme Court issued one of its most significant decisions regarding First Amendment rights on the internet in the NetChoice cases. At issue were a pair of facial First Amendment challenges to Texas and Florida...more

Womble Bond Dickinson

Supreme Court Resolves Circuit Split and Finds Federal Gratuities Inapplicable to State and Local Officials

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On June 26, 2024, the U.S. Supreme Court issued an opinion in a public corruption case that could have a lasting impact on how the U.S. Government prosecutes corruption and procurement fraud cases involving state and local...more

Genova Burns LLC

SCOTUS Requires NLRB to Meet Traditional Standards for Preliminary Injunctive Relief

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On June 13 the U.S. Supreme Court heightened the standard a court must apply to an NLRB request for a preliminary injunction against an employer accused of violating federal labor law....more

Benesch

“Stay Awhile”: Supreme Court Tells District Courts Not to Dismiss Claims Pending Arbitration

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In Smith v. Spizzirri, the Supreme Court unanimously held that federal district courts lack the power to dismiss a case sent to arbitration. Instead, under the Federal Arbitration Act, if a party moves to compel arbitration...more

Husch Blackwell LLP

Supreme Court Holds Pure "Omissions" in MD&A Disclosure Cannot Support Liability Under Rule 10b-5

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On April 12, 2024, the U.S. Supreme Court held in Macquarie Infrastructure Corp. v. Moab Partners, L.P., in a unanimous opinion authored by Justice Sonia Sotomayor, that “pure omissions” made in required disclosures do not...more

Dorsey & Whitney LLP

Can you Repeat the Question? Supreme Court Hears Oral Argument on the Scope of Damages in Copyright Infringement

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​​​​​​​The Supreme Court heard oral argument in February in Warner Chappell Music, Inc. v. Nealy, a case that promised to resolve a split among the U.S. Courts of Appeal relating to the scope of damages available to copyright...more

Jenner & Block

Client Alert: The Supreme Court Issues Narrow Ruling in Title VII Case, Muldrow v. City of St. Louis

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On April 17, 2024, the Supreme Court issued its decision in Muldrow v. City of St. Louis, a closely watched employment discrimination case. In a unanimous opinion written by Justice Kagan, the Court reversed the Eighth...more

Ogletree, Deakins, Nash, Smoak & Stewart,...

Supreme Court Rules Employees Need Not Show Transfer Caused ‘Significant’ Harm For Title VII Claims

On April 17, 2024, the Supreme Court of the United States held that an employee challenging a job transfer in an unlawful employment discrimination claim under Title VII of the Civil Rights Act of 1964 must show that the...more

BakerHostetler

The U.S. Supreme Court Resolves Circuit Split, Holds That Pure Omissions Are Not Actionable in Securities Fraud Cases

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SEC Rule 10b-5(b) makes it unlawful for issuers to make false statements or “to omit to state a material fact necessary in order to make the statements made...not misleading.” In addition to ensuring the truth of statements,...more

Benesch

Supreme Court to Weigh in on Scope of Federal Bribery Statute

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In Snyder v. United States, the Supreme Court of the United States could redefine the legal boundaries regarding federal bribery as it prepares to answer whether the primary federal bribery statute, 18 U.S.C. § 666,...more

Genova Burns LLC

Supreme Court Agrees To Resolve Circuit Court Conflict Over Standard For Section 10(j) Injunction In Unionization Efforts...

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The boiling dispute over the unionization of baristas is heading to the Supreme Court. Section 10(j) of the National Labor Relations Act authorizes federal courts to issue preliminary injunctions against employers that are...more

Saiber LLC

U.S. Supreme Court Agrees Grants Certiorari in the Two NetChoice Cases

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​​​​​​​In past Trending Law Blog posts on August 13, 2021, November 17, 2021, December 16, 2021, and September 8, 2022, we discussed the two NetChoice cases that arose in Florida (NetChoice, LLC v. Moody) and Texas...more

Venable LLP

Supreme Court Considers Whether to Expand Constitutional Takings to Legislative Development Fees

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When George Sheetz planned to build an 1800-square-foot manufactured home on his California property, he could hardly have thought his routine permit request would end up at the U.S. Supreme Court. But when the County of El...more

Dorsey & Whitney LLP

Supreme Court to Reconsider the Chevron Doctrine: Does the Bell Toll for Judicial Deference to Administrative Agencies?

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Early next year, the Supreme Court will hear oral arguments in a pair of cases, which could overrule the Chevron doctrine and thereby end nearly forty years of judicial deference to federal administrative agencies’...more

Dorsey & Whitney LLP

Whose Song Is It Anyway? Questions about Samples in Flo Rida and will.i.am’s Hit “In the Ayer” Soar to the Supreme Court

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On September 29, 2023, the Supreme Court granted certiorari in Warner Chappell Music, Inc. v. Nealy, a case that should resolve a split among the U.S. Courts of Appeal relating to the scope of damages available to copyright...more

Parker Poe Adams & Bernstein LLP

Supreme Court to Review Scope of Arbitration Exclusion for Transportation Workers

The Federal Arbitration Act (FAA) requires state and federal courts to defer to private arbitration agreements entered into between parties, including employers and employees. Employers often use arbitration agreements to...more

Dorsey & Whitney LLP

SCOTUS Removes a Partial Barrier to Challenging Unstayed Bankruptcy Sales to Good-Faith Purchasers

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In MOAC Mall Holdings LLC v. Transform Holdco LLC, 134 S.Ct. 927, 937 (2023), the U.S. Supreme Court recently resolved a debate that has long divided Circuit Courts throughout the U.S: whether section 363(m) of the Bankruptcy...more

Latham & Watkins LLP

Supreme Court Holds FCA Liability Hinges on Defendants’ Subjective Beliefs as to Falsity

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The Court unanimously held that a defendant’s subjective belief is relevant to scienter under the False Claims Act, even when a defendant’s conduct is consistent with an objectively reasonable interpretation of the law. ...more

Latham & Watkins LLP

Supreme Court Slack Decision Confirms Narrow Interpretation of Section 11 Claims

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The unanimous opinion requires shareholder plaintiffs to plead and prove that they purchased shares traceable to an allegedly false or misleading registration statement. On June 1, 2023, the US Supreme Court issued its...more

Ogletree, Deakins, Nash, Smoak & Stewart,...

U.S. Supreme Court to Resolve Circuit Split Over Whether ‘Testers’ Have Standing to Pursue ADA Suits

The Supreme Court of the United States agreed to hear a case concerning a self-appointed “tester’s” standing to bring claims alleging a hotel violated the Americans with Disabilities Act (ADA) by failing to provide...more

Eversheds Sutherland (US) LLP

US Supreme Court weighs whether discovery should continue pending interlocutory appeal

Last week the US Supreme Court heard arguments regarding whether the interlocutory appeal of a denial of a motion to compel arbitration should also automatically stay proceedings in the trial court such as discovery. The...more

Saiber LLC

United States Supreme Court Asked to Resolve Circuit Split Over Whether Federally Chartered Banks Must Comply With State Laws...

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In Cantero vs. Bank of America, N.A., mortgage borrowers are asking the Supreme Court of the United States to reverse a Second Circuit ruling that federally-chartered banks need not comply with state laws that require the...more

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