United States v. Tsarnaev, No. 20-443: This case concerns the death penalty imposed on one of the two brothers, Dzhokhar Tsarnaev, who planted and detonated bombs at the 2013 Boston Marathon, killing three and wounding...more
United States v. Zubaydah, No. 20-827: Respondent Abu Zubaydah claims that following the September 11, 2001, terrorist attacks, the CIA held him in a detention site in Poland and subjected him to “enhanced interrogation”...more
3/4/2022
/ 28 U.S.C. § 1782 ,
Abortion ,
Constitutional Challenges ,
Discovery ,
Foreign Jurisdictions ,
International Arbitration ,
International Litigation ,
Jurisdiction ,
SCOTUS ,
State Attorneys General ,
State Secrets
Brackeen v. Haaland, No. 21-380: The Supreme Court granted review in this case (and three other consolidated cases), all of which involve the constitutionality of several provisions of the Indian Child Welfare Act (ICWA)....more
Unicolors, Inc. v. H&M Hennes & Mauritz, L.P., Case No. 20-915: This case involves interpretation of the safe harbor provision of the Copyright Act, 17 U.S.C. § 411(a). ...more
Adolfo Arellano v. Secretary of Veterans Affairs, No. 21-432: This case concerns whether equitable tolling may extend the deadline for veterans to submit an application for disability benefits under 38 U.S.C. § 5110(b)(1)...more
2/23/2022
/ Anti-Discrimination Policies ,
Department of Veterans Affairs ,
Disability Benefits ,
Equitable Tolling ,
First Amendment ,
Free Speech ,
Public Accommodation ,
Rebuttable Presumptions ,
Same-Sex Marriage ,
SCOTUS ,
Veterans
Biden v. Texas, No. 21-954: This case concerns the Migrant Protection Protocols (MPP) - also known as the “Remain in Mexico” policy - a former policy of the Department of Homeland Security (DHS) under which certain...more
Hughes v. Northwestern University, No. 19-1401: This case concerns the proper pleading standard for certain breach of fiduciary duty claims brought under the Employee Retirement Income Security Act (“ERISA”)....more
Oklahoma v. Victor Manuel Castro-Huerta, No. 21-429: This case presents the following question: Whether a State has authority to prosecute non-Indians who commit crimes against Indians in “Indian country.”...more
Students for Fair Admissions v. President and Fellows of Harvard; Students for Fair Admissions v. University of North Carolina, Nos. 20-1199, 21-707: These cases, involving the interpretation of the Equal Protection Clause...more
1/24/2022
/ Administrative Procedure ,
Cease and Desist Orders ,
Civil Rights Act ,
Clean Water Act ,
Environmental Protection Agency (EPA) ,
Equal Protection ,
Federal Trade Commission (FTC) ,
Harvard University ,
Jurisdiction ,
SCOTUS ,
Substantial Nexus ,
Title VI ,
Waters of the United States ,
Wetlands
Hemphill v. New York, Nos. 20-637: In this case, Darrell Hemphill successfully challenged his conviction for the murder of a 2-year-old child killed by a stray bullet in 2006, arguing that the State's presentation of the...more
Kevin George v. McDonough, No. 21-234: This case, involving an agency’s authority to interpret the statutes it regulates, presents the following question: When the Department of Veterans Affairs (VA) denies a veteran’s claim...more
1/18/2022
/ All Writs Act ,
Civil Rights Act ,
Death Penalty ,
Department of Veterans Affairs ,
Establishment Clause ,
Evidence ,
First Amendment ,
Free Exercise Clause ,
Free Speech ,
Habeas Corpus ,
Law Enforcement ,
Miranda Warnings ,
Public Schools ,
SCOTUS ,
Veterans
National Federation of Independent Businesses v. Department of Labor, Nos. 21-244, 21-247: Numerous challenges were brought against the emergency rule issued on November 5, 2021, by the Occupational Safety and Health...more
1/14/2022
/ Centers for Medicare & Medicaid Services (CMS) ,
Constitutional Challenges ,
Coronavirus/COVID-19 ,
Employer Mandates ,
Healthcare Facilities ,
Interim Final Rules (IFR) ,
Medicaid ,
Medicare ,
Military Service Members ,
National Federation of Independent Business v Department of Labor and OSHA ,
National Guard ,
Non-Delegation Doctrine ,
OSHA ,
Retirement Plan ,
SCOTUS ,
Temporary Regulations ,
Vaccinations
Alfred Siegel v. John Fitzgerald, III, No. 21-441: This case, involving the Bankruptcy Judgeship Act of 2017 (“BJA”) applicable to Chapter 11 bankruptcies, presents the following question: Whether the BJA violates the...more
1/11/2022
/ Bankruptcy Trustees ,
Commercial Bankruptcy ,
Constitutional Challenges ,
Exclusive Jurisdiction ,
Federal Rules of Civil Procedure ,
Fees ,
Final Judgment ,
Public Employees ,
SCOTUS ,
Trustees ,
Uniformity Clause ,
Workers’ Compensation
Viking River Cruises v. Angie Moriana, No. 20-1573: This case, involving the Federal Arbitration Act (“FAA”) and the California Private Attorneys General Act (“PAGA”), presents the following question: Whether the FAA requires...more
12/16/2021
/ Arbitration Agreements ,
Certiorari ,
Class Action ,
Class Certification ,
Federal Arbitration Act ,
Interstate Commerce ,
Preemption ,
Private Attorneys General Act (PAGA) ,
Railroads ,
Safety Standards ,
Uniformed Services Employment and Reemployment Rights Act (USSERA)
Southwest Airlines Co. v. Latrice Saxon, No. 21-309: This case, involving the Federal Arbitration Act, presents the following question: Whether workers who load or unload goods from vehicles that travel in interstate...more
Whole Woman’s Health v. Jackson, No. 21-463: Abortion providers brought a pre-enforcement challenge to a recently enacted Texas statute that “prohibits physicians from ‘knowingly perform[ing] or induc[ing] an abortion on a...more
The Second Circuit’s recent decision in Singh v. Cigna Corp., confirms that puffery regarding a corporation’s compliance program cannot form the basis for a stock drop suit.
In 2012, Cigna sought to expand its Medicare...more