On Friday, January 13, the Supreme Court of the United States granted certiorari in eight cases:
U.S. ex rel. Schutte v. SuperValu Inc.; U.S. ex rel. Proctor v. Safeway, Inc., Nos. 21-1326, 22-111: These consolidated...more
1/17/2023
/ Bankruptcy Code ,
Certiorari ,
Criminal Prosecution ,
Eighth Amendment ,
False Claims Act (FCA) ,
Fifth Amendment ,
First Amendment ,
Foreign Nationals ,
Immigration and Nationality Act ,
RICO ,
Scienter ,
SCOTUS ,
Sovereign Immunity
Yesterday, the Supreme Court of the United States granted certiorari in one case:
Arizona v. Mayorkas, No. 22A544: This is an administrative law and civil procedure case considering states’ ability to challenge the...more
Today, the Supreme Court of the United States granted certiorari in three cases:
Slack Technologies, LLC v. Pirani, No. 22-200: This case presents an issue of federal securities law. After the messaging software company,...more
12/14/2022
/ Certiorari ,
Confrontation Clause ,
Criminal Procedure ,
Criminal Prosecution ,
Material Misstatements ,
Publicly-Traded Companies ,
Putative Class Actions ,
SCOTUS ,
Securities Act of 1933 ,
Sixth Amendment ,
Slack ,
Venue
Today, the Supreme Court of the United States granted certiorari in four cases:
Coinbase, Inc. v. Bielski, No. 22-105: This case presents an issue of federal arbitration law. The question presented is: Whether a...more
Today, the Supreme Court of the United States granted certiorari in one case:
Biden v. Nebraska, No. 22A444: The Court agreed to consider a challenge brought by six States to the Federal Government’s student-loan relief...more
Yesterday, the Supreme Court of the United States granted certiorari in one case:
Dubin v. United States, No 22-10: This case involves the federal aggravated identity theft statute, which provides that during and in...more
Today, the Supreme Court of the United States granted certiorari in three cases:
Amgen Inc. v. Sanofi, No. 21-757: This case concerns the Patent Act’s requirement that a patent’s “specification shall contain a written...more
Today, on the first day of the new term, the Supreme Court of the United States granted certiorari in nine cases:
Gonzalez v. Google LLC, No. 21-1333: Section 203(c)(1) of the Communication Decency Act shields an...more
10/4/2022
/ Certiorari ,
Civil Service Reform Act ,
Communications Decency Act ,
Corporate Liability ,
Disabled Children ,
First Amendment ,
Grand Juries ,
IDEA ,
Immigration Procedures ,
Iran Sanctions ,
NLRA ,
Puerto Rico ,
Puerto Rico Oversight Management and Economic Stability Act (PROMESA) ,
SCOTUS ,
Social Media ,
Subject Matter Jurisdiction ,
Subpoenas
West Virginia v. EPA, No. 20-1530 (and consolidated cases): This case concerns the scope of the Environmental Protection Agency’s (EPA) authority to impose carbon dioxide emission standards under Section 111(d) of the Clean...more
7/5/2022
/ Clean Air Act ,
Clean Power Plan ,
Climate Change ,
Department of Homeland Security (DHS) ,
Environmental Protection Agency (EPA) ,
Greenhouse Gas Emissions ,
Mexico ,
Non-Citizens ,
Power Plants ,
Regulatory Authority ,
SCOTUS ,
Telecommunications ,
Wire Fraud
Oklahoma v. Castro-Huerta, No. 21-429: This case involves whether a State has authority to prosecute non-Indians who commit crimes against Indians in “Indian country.” The defendant was convicted in Oklahoma state court of...more
Dobbs v. Jackson Women’s Health Organization, No. 19-1392: The Supreme Court held that the U.S. “Constitution does not confer a right to abortion,” overruled its prior decisions in Roe v. Wade and Casey, and returned “the...more
New York State Rifle & Pistol Assn., Inc. v. Bruen, No. 20-843: This case involves a constitutional challenge to a New York handgun-licensing law. New York makes it a crime to possess a firearm without a license. ...more
Marietta Memorial Hospital Employee Health Benefit Plan v. DaVita Inc., No. 20-1641: This case concerns the interpretation of the Medicare Secondary Payer Act’s (MSPA) anti-discrimination provisions regarding individuals with...more
6/22/2022
/ Disparate Impact ,
Employer Group Health Plans ,
False Claims Act (FCA) ,
FBAR ,
Federal Contractors ,
Free Exercise Clause ,
Governmental Immunity ,
Habeas Corpus ,
Hobbs Act ,
Ineffective Assistance of Counsel ,
Medicare ,
Private Schools ,
Public Schools ,
Religious Schools ,
Rural Areas ,
SCOTUS ,
Supremacy Clause ,
Tuition ,
Workers' Compensation Claim
Viking River Cruises, Inc. v. Moriana, No. 20-1573: This case involves the Federal Arbitration Act’s (FAA) preemption of a California law invalidating contractual waivers of the right to assert certain representative claims....more
6/16/2022
/ Arbitration ,
Child Abduction ,
Department of Veterans Affairs ,
Federal Arbitration Act ,
Gaming ,
Hague Convention ,
Immigration Procedures ,
Indian Gaming ,
Medicare ,
Preemption ,
Private Attorneys General Act (PAGA) ,
Reimbursements ,
SCOTUS ,
Tribal Lands ,
Veterans
Kemp v. United States, No. 21-5726: This case concerns whether the word “mistake” in Rule 60(b)(1) of the Federal Rules of Civil Procedure applies to a judge’s error of law. Rule 60 authorizes a district court to reopen a...more
Egbert v. Boule, No. 21-147: In this case, Robert Boule sued a border patrol agent arguing the agent violated his Fourth and First Amendment rights by using excessive force during a search and retaliating against Boule when...more
Southwest Airlines v. Saxon, No. 21-309: This case concerns the scope of the Federal Arbitration Act’s (FAA) exemption for certain interstate transportation workers - namely, “seamen, railroad employees, or any other class of...more
6/9/2022
/ Airlines ,
Arbitration ,
Bankruptcy Trustees ,
Exemptions ,
Fair Labor Standards Act (FLSA) ,
Federal Arbitration Act ,
Interstate Commerce ,
Medicaid ,
SCOTUS ,
Southwest Airlines ,
Wage and Hour
Shurtleff v. Boston, No. 20-1800: This case concerns whether the City of Boston violated the First Amendment by refusing a private party’s request to raise a Christian flag on a city flagpole during an event, where Boston had...more
Cummings v. Premier Rehab Keller PLLC, No. 21-869: This case concerns whether emotional distress damages are recoverable in a private action to enforce the Rehabilitation Act of 1973 or the Affordable Care Act. The plaintiff...more
Reed v. Goertz, No. 21-442: This case concerns the statute of limitations applicable to claims brought under 42 U.S.C. § 1983 brought by prisoners seeking DNA testing of crime-scene evidence on the ground that available state...more
Boechler, P.C. v. Commissioner of Internal Revenue, No. 20-1472: This case involves the application of “equitable tolling” in tax “collection due process” cases. This case arose after the IRS sustained a proposed levy on the...more
4/22/2022
/ Advertising ,
Criminal Convictions ,
Due Process ,
Equitable Tolling ,
Fine Art ,
First Amendment ,
Foreign Sovereign Immunities Act of 1976 (FSIA) ,
Habeas Corpus ,
IRS ,
Nazi Looted Art ,
Puerto Rico ,
SCOTUS ,
Supplemental Security Income (SSI)
Today, the Supreme Court of the United States issued one decision:
Thompson v. Clark, No. 20-659: In 2014, police received a report that petitioner Larry Thompson was sexually abusing his newborn baby. When police...more
Today, the Supreme Court of the United States issued one decision:
Badgerow v. Walters, No. 20-1143: This case concerns the scope of the federal courts’ jurisdiction to confirm or vacate arbitration awards under Sections...more
Andy Warhol Foundation for the Visual Arts, Inc. v. Goldsmith, No. 21-869: This case concerns the scope of the Copyright Act’s fair use defense. The case arises from Andy Warhols’ artwork that utilized a photo of music legend...more
Houston Community College System v. Wilson, No. 20-804: This case concerns whether the First Amendment limits a local government’s power to censure its members. Mr. Wilson was elected to the Board of Trustees of the Houston...more