On February 21, 2025, the U.S. Supreme Court decided Wisconsin Bell, Inc. v. United States ex rel. Heath, holding that a whistleblower can bring a False Claims Act (FCA) lawsuit against a telecommunications carrier over...more
On June 27, 2024, the U.S. Supreme Court decided SEC v. Jarkesy, No. No. 22-859, holding that the Seventh Amendment entitles a defendant to a jury trial when the Securities and Exchange Commission seeks civil penalties for...more
On June 6, 2024, the U.S. Supreme Court decided Truck Insurance Exchange v. Kaiser Gyspum Co., Inc., et al., No. 22-1079, holding that insurers with financial responsibility for bankruptcy claims are “parties in interest”...more
On May 16, 2024, the Supreme Court decided Consumer Financial Protection Bureau v. Community Financial Services Association of America, Ltd., No. 22-448. The Court held that Congress’ statutory authorization allowing the...more
Earlier this summer, the U.S. Supreme Court decided Students for Fair Admissions, Inc. v. President and Fellows of Harvard College, No-20-1199, and Students for Fair Admissions Inc. v. University of North Carolina et. al, No....more
On June 16, 2023, the U.S. Supreme Court decided United States ex rel. Polansky v. Executive Health Resources, Inc., No. 21-1052, holding that the Government may intervene and move to dismiss a False Claims Act suit at any...more
On April 14, 2023, the U.S. Supreme Court decided two consolidated cases — Axon Enterprises, Inc. v. FTC, No. 21-86, and SEC v. Cochran, No. 21-1239 — holding that federal district courts have jurisdiction to hear...more
On June 23, 2022, the U.S. Supreme Court decided Berger v. North Carolina State Conference of the NAACP, No. 21-248, holding that the speaker of the North Carolina State House of Representatives and the president pro tempore...more
On June 21, 2022, the Supreme Court decided Marietta Memorial Hospital Employee Health Benefit Plan v. DaVita Inc., No. 20-1641, holding that a group health plan that uniformly provides limited benefits for outpatient...more
On June 8, 2022, the U.S. Supreme Court decided Egbert v. Boule, No. 21-147, declining to recognize a cause of action for damages against a federal border agent for either a Fourth Amendment excessive-force claim or a First...more
On May 2, 2022, the U.S. Supreme Court decided Shurtleff v. Boston, No, 20-1800, holding that because Boston’s flag-raising program does not constitute government speech, Boston violated the Free Speech Clause of the First...more
On June 18, 2020, the U.S. Supreme Court decided Department of Homeland Security v. Regents of the University of California, holding that the Department of Homeland Security’s rescission of Deferred Action for Childhood...more
6/22/2020
/ Administrative Procedure Act ,
Arbitrary and Capricious ,
Citizenship ,
DACA ,
Department of Homeland Security (DHS) ,
Department of Homeland Security v Regents of the University of California ,
Educational Institutions ,
Path To Citizenship ,
Rescission ,
SCOTUS ,
Trump Administration ,
Trump v NAACP ,
USCIS ,
Wolf v Vidal ,
Work Permits
On June 15, 2020, the U.S. Supreme Court decided three cases, holding that Title VII of the Civil Rights Act of 1964, 42 U.S.C. § 2000e-2, bars discrimination on the basis of sexual orientation and transgender identity....more
6/16/2020
/ Altitude Express Inc v Zarda ,
Bostock v Clayton County Georgia ,
Civil Rights Act ,
EEOC v RG & GR Harris Funeral Homes ,
Employer Liability Issues ,
Gender Identity ,
Hiring & Firing ,
LGBTQ ,
SCOTUS ,
Sex Discrimination ,
Sexual Orientation ,
Sexual Orientation Discrimination ,
Title VII ,
Transgender
On May 14, 2020, the Supreme Court of the United States decided Lucky Brand Dungarees, Inc. v. Marcel Fashion Group, Inc., No. 18-1086, holding that a party is not precluded from raising defenses submitted in earlier...more
5/17/2020
/ Claim Preclusion ,
Collateral Estoppel ,
Counterclaims ,
Defense Preclusion ,
Fashion Branding ,
Issue Preclusion ,
Lucky Brand Dungarees v Marcel Fashion Group ,
Motion to Dismiss ,
Release Agreements ,
Res Judicata ,
SCOTUS ,
Split of Authority ,
Subsequent Litigation ,
Trademark Infringement ,
Trademark Litigation ,
Trademarks
On May 7, 2020, the Supreme Court decided United States v. Sineneng-Smith, No. 19-67, holding that, absent extraordinary circumstances, courts must adhere to the principle of party presentation and decide only those questions...more
On May 7, 2020, the Supreme Court of the United States decided Kelly v. United States, No. 18-1059, holding that for purposes of the federal wire fraud or federal-program fraud statutes, there can be no criminal violation...more
5/10/2020
/ Appeals ,
Bridgegate ,
Criminal Convictions ,
Federal-Program Fraud ,
Governor Christie ,
Intent to Obtain Money or Property ,
Kelly v United States ,
Political Scandals ,
Public Officials ,
Reversal ,
SCOTUS ,
Wire Fraud
On June 27, 2019, the U.S. Supreme Court decided Rucho v. Common Cause, No. 18-422, holding that claims of partisan gerrymandering present nonjusticiable political questions that cannot be resolved by the federal courts under...more
6/28/2019
/ Appeals ,
Constitutional Challenges ,
First Amendment ,
Gerrymandering ,
Political Parties ,
Political Question Doctrine ,
Redistricting ,
Remand ,
Rucho v Common Cause ,
SCOTUS ,
Vacated ,
Viewpoint Discrimination
On January 8, 2019, the Supreme Court decided Henry Schein, Inc., et al. v. Archer & White Sales, Inc., No. 17-1272. The Federal Arbitration Act allows parties to agree by contract that an arbitrator decide threshold...more
1/9/2019
/ Appeals ,
Arbitration ,
Arbitration Agreements ,
Arbitrators ,
Contract Terms ,
Exceptions ,
Federal Arbitration Act ,
Henry Schein Inc v Archer and White Sales Inc ,
Judicial Review ,
Motion to Compel ,
Question of Arbitrability ,
Remand ,
SCOTUS ,
Vacated ,
Wholly Groundless Doctrine
On January 8, 2019, the Supreme Court of the United States decided Culbertson v. Berryhill, No. 17-773, holding that the Social Security Act permits an attorney fee award greater than 25 percent of the claimant’s past-due...more
1/9/2019
/ Administrative Proceedings ,
Appeals ,
Attorney Representation Agreements ,
Attorney's Fees ,
Concurrent Litigation ,
Culbertson v Berryhill ,
Denial of Benefits ,
Fee Caps ,
Litigation Fees & Costs ,
Past-Due Benefits ,
Remand ,
Reversal ,
SCOTUS ,
Social Security Act ,
Social Security Benefits ,
Title II ,
Trial Fees
On June 22, 2018, the Supreme Court decided WesternGeco LLC v. ION Geophysical Corp., No. 16-1011, holding that the damages provision of the Patent Act, 35 U.S.C. § 284, allows a plaintiff to recover lost foreign profits...more
6/25/2018
/ 35 U.S.C. § 271(f)(2) ,
35 U.S.C. § 284 ,
Appeals ,
Damages ,
Domestic Injury ,
Extraterritoriality Rules ,
Foreign Sales ,
Lost Profits ,
Patent Act ,
Patent Infringement ,
Patents ,
Remand ,
SCOTUS ,
Vacated ,
WesternGeco LLC v Ion Geophysical Corporation
On June 22, 2018, the United States Supreme Court decided Carpenter v. U.S., No. 16-402, holding that law enforcement, absent exigent circumstances, must get a warrant to obtain cell-site location information (CSLI) that...more
6/25/2018
/ Carpenter v US ,
Cell Phones ,
Cell Site Location Information (CSLI) ,
Criminal Convictions ,
Electronic Records ,
Electronically Stored Information ,
Exigent Circumstances ,
Fourth Amendment ,
Geolocation ,
Location Data ,
Probable Cause ,
Reasonable Expectation of Privacy ,
Remand ,
Reversal ,
SCOTUS ,
Third-Party ,
Warrantless Searches
On June 21, 2018, the Supreme Court decided Wisconsin Central Ltd. v. United States, No. 17-530, holding that a railroad company’s employee stock options are not taxable “compensation” under the Railroad Retirement Tax Act...more
6/22/2018
/ Appeals ,
Compensation & Benefits ,
Employee Stock Purchase Rights ,
Internal Revenue Code (IRC) ,
Non-Taxable Income ,
Payment-In-Kind ,
Railroad Retirement Tax Act (RRTA) ,
Remand ,
Remuneration ,
Reversal ,
SCOTUS ,
Stock Options ,
Taxable Income ,
Wisconsin Central Ltd v United States
On June 21, 2018, the Supreme Court of the United States decided Lucia v. Securities and Exchange Commission, No. 17-130, holding that the Securities and Exchange Commission’s administrative law judges are subject to the U.S....more
6/22/2018
/ Administrative Law Judge (ALJ) ,
Administrative Proceedings ,
Appeals ,
Appointments Clause ,
Constitutional Challenges ,
Enforcement Actions ,
Final Written Decisions ,
Lucia v SEC ,
Officers of the United States ,
Remand ,
Reversal ,
SCOTUS ,
Securities and Exchange Commission (SEC) ,
Securities Violations ,
Special Trial Judges (STJs)
On June 21, 2018, the United States Supreme Court decided South Dakota v. Wayfair, Inc., No. 17-494, holding that states can require out-of-state sellers to collect and remit sales tax on goods shipped to the state, even if...more
6/22/2018
/ Appeals ,
Commerce Clause ,
Constitutional Challenges ,
Internet Retailers ,
Interstate Commerce ,
Out-of-State Companies ,
Physical Presence Test ,
Quill ,
Reversal ,
Sales & Use Tax ,
SCOTUS ,
South Dakota v. Wayfair ,
Substantial Nexus
On May 29, 2018, the Supreme Court of the United States decided Lagos v. United States, No. 16-1519, holding that the federal law making restitution to victims of certain federal crimes mandatory does not apply to victims’...more