Today, the Supreme Court of the United States issued the following two decisions:
Texas v. New Mexico, No. 65, Orig.: The States of New Mexico and Texas are parties to the 1949 Pecos River Compact, which provides for...more
Rutledge v. Pharmaceutical Care Management Assn., No. 18-540: Arkansas’ Act 900 regulates the price at which pharmacy benefit managers (“PBMs”) reimburse pharmacies for the cost of drugs covered by prescription-drug plans....more
12/11/2020
/ Appeals ,
Criminal Penalties ,
Drug Pricing ,
Employee Retirement Income Security Act (ERISA) ,
Judicial Appointments ,
Military Service Members ,
Pharmacy Benefit Manager (PBM) ,
Preemption ,
Prescription Drugs ,
Rape ,
Religious Freedom Restoration Act (RFRA) ,
SCOTUS ,
State Constitutions
Trump v. Sierra Club, No. 20-138: This case concerns the Acting Secretary of Defense’s transfer of funds pursuant to Section 8005 of the Defense Appropriations Act to make funds available to construct border fences along the...more
10/20/2020
/ Administrative Procedure Act ,
Appropriation ,
Department of Defense (DOD) ,
Department of Homeland Security (DHS) ,
Immigration Procedures ,
Law Enforcement ,
Migrants ,
Notice and Comment ,
Probable Cause ,
Rulemaking Process ,
SCOTUS ,
Sierra Club ,
Statutory Authority ,
Trump Administration
The Supreme Court of the United States issued the following decisions:
Trump v. Mazars USA, LLP, No. 19-715; Trump v. Deutsche Bank AG, No. 19-760: In April 2019, three United States House of Representatives’ committees...more
7/13/2020
/ Appeals ,
Congressional Committees ,
Congressional Subpoenas ,
Conservators ,
Constitutional Challenges ,
Donald Trump ,
Executive Branch ,
Facebook ,
Fannie Mae ,
FHFA ,
Foreign Interference in US Elections ,
Freddie Mac ,
Income Taxes ,
Major Crimes Act ,
Money Laundering ,
Native American Issues ,
Remand ,
SCOTUS ,
Separation of Powers ,
Tax Returns ,
TCPA ,
Terrorism Funding ,
Trump v Deutsche Bank AG ,
Trump v Mazars USA LLP ,
Trump v Vance ,
Vacated ,
Valid Legislative Purpose
Our Lady of Guadalupe School v. Morrissey-Berru, No. 19-267: The Court has recognized that the First Amendment protects the right of religious institutions “to decide for themselves, free from state interference, matters of...more
7/8/2020
/ Age Discrimination ,
Americans with Disabilities Act (ADA) ,
Appeals ,
Disability Discrimination ,
Dismissals ,
Employment Discrimination ,
First Amendment ,
Freedom of Religion ,
Ministerial Exception ,
Ministerial Function ,
Our Lady of Guadalupe School v Morrissey-Berru ,
Religious Schools ,
Religious Workers ,
Reversal ,
SCOTUS ,
St James School v Biel ,
Teachers
Seila Law LLC v. Consumer Financial Protection Bureau, No. 19-7: Congress established the Consumer Financial Protection Bureau (“CFPB”) in light of the 2008 financial crisis to be an independent regulatory agency. Unlike...more
Patent and Trademark Office v. Booking.com B. V., No. 19-46: Federal trademark law makes generic names, i.e., the name of a class of products or services, ineligible for federal trademark registration. Here, respondent...more
Department of Homeland Security v. Thuraissigiam, No. 19-161. Under the Illegal Immigration Reform and Immigrant Responsibility Act (“IIRIRA”), Congress in 1996 crafted a system for processing aliens apprehended at or near...more
6/30/2020
/ 8 U.S.C. §1252(e)(2) ,
Appeals ,
Department of Homeland Security (DHS) ,
Department of Homeland Security v Thuraissigiam ,
Deportation ,
Detainees ,
Dismissals ,
Due Process ,
Expedited Actions Process ,
Illegal Immigration Reform and Immigrant Responsibility Act (IIRIRA) ,
Judicial Review ,
Non-Citizens ,
Political Asylum ,
Remand ,
Removal Orders ,
Reversal ,
SCOTUS ,
Suspension Clause ,
Unlawful Aliens ,
Writ of Habeus Corpus
Department of Homeland Security v. Regents of Univ. of Cal., No. 18-587; Trump v. NAACP, No. 18-588; Wolf v. Vidal, No. 18-589: In 2012, the Department of Homeland Security (“DHS”) announced the 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
Liu v. SEC, No. 18-1501: The SEC brought a civil action against petitioners Charles Liu and Xin (Lisa) Wang, a married couple who solicited nearly $27 million from foreign investors under a private offering memorandum...more
6/22/2020
/ 15 U.S.C. § 78u(d)(5) ,
Administrative Authority ,
Business Expenses ,
Calculation of Damages ,
Corporate Misconduct ,
Disgorgement ,
Enforcement Actions ,
Equitable Relief ,
Kokesh v SEC ,
Liu v Securities and Exchange Commission ,
Net Profits ,
Remedies ,
SCOTUS ,
Securities and Exchange Commission (SEC)
Today, the Supreme Court of the United States issued the following opinions:
Bostock v. Clayton County, No. 17-1618; Altitude Express, Inc. v. Zarda, No. 17-1623; R. G. & G. R. Harris Funeral Homes, Inc. v. Equal...more
6/16/2020
/ Altitude Express Inc v Zarda ,
Bostock v Clayton County Georgia ,
Certiorari ,
Civil Rights Act ,
EEOC v RG & GR Harris Funeral Homes ,
Employment Litigation ,
Gender Identity ,
Hiring & Firing ,
LGBTQ ,
SCOTUS ,
Sex Discrimination ,
Sexual Orientation ,
Sexual Orientation Discrimination ,
Title VII ,
Transgender
Today, the Supreme Court of the United States issued the following opinion:
Lomax v. Ortiz-Marquez, No. 18-8369: Petitioner Arthur J. Lomax is an inmate who filed this in forma pauperis (“IFP”) lawsuit against prison...more
Opati v. Republic of Sudan, No. 17-1268: Victims of a 1998 al Qaeda attack outside the United States Embassies in Kenya and Tanzania brought suit in federal court against the Republic of Sudan, alleging that Sudan had...more
5/24/2020
/ Al-Qaeda ,
Amended Complaints ,
Appeals ,
Bodily Injury ,
Congressional Intent ,
Exceptions ,
Foreign Sovereign Immunities Act of 1976 (FSIA) ,
Opati v Republic of Sudan ,
Preenactment Conduct ,
Punitive Damages ,
Remand ,
SCOTUS ,
State Sponsors of Terrorism ,
Sudan ,
Terrorist Acts ,
Vacated ,
Wrongful Death
Lucky Brand Dungarees, Inc. v. Marcel Fashions Group, Inc., No. 18-1086: Petitioner Lucky Brand Dungarees and respondent Marcel Fashions Group have been engaged in three separate rounds of trademark-related litigation over a...more
5/18/2020
/ Appeals ,
Claim Preclusion ,
Collateral Estoppel ,
Counterclaims ,
Defense Preclusion ,
Fashion Branding ,
Issue Preclusion ,
Lucky Brand Dungarees v Marcel Fashion Group ,
Motion to Dismiss ,
Release Agreements ,
Remand ,
Res Judicata ,
SCOTUS ,
Split of Authority ,
Subsequent Litigation ,
Trademark Litigation ,
Trademarks ,
Vacated
Kelly v. United States, No. 18-1059: When the mayor of Fort Lee, New Jersey refused to back then-Governor Chris Christie’s reelection campaign, the Governor’s Deputy Chief of Staff, Bridget Anne Kelly, and others punished the...more
CIC Services, LLC v. Internal Revenue Service, et al., No. 19-930: Whether the Anti-Injunction Act’s bar on lawsuits for the purpose of restraining the assessment or collection of taxes also bars challenges to unlawful...more
Maine Community Health Options v. United States, No. 18-1023: The Patient Protection and Affordable Care Act (“ACA”) – as part of its goal to expand healthcare coverage – established online marketplace exchanges where...more
Today, the Supreme Court of the United States issued the following three opinions:
Thryv, Inc. v. Click-To-Call Technologies, LP, No. 18-916: Patent challengers are able to ask the U.S. Patent and Trademark Office (“PTO”)...more
4/21/2020
/ Atlantic Richfield Co v Christian ,
CERCLA ,
Certiorari ,
Common Law Claims ,
Constitutional Challenges ,
Criminal Prosecution ,
Exclusive Jurisdiction ,
Inter Partes Review (IPR) Proceeding ,
Judicial Review ,
Patents ,
SCOTUS ,
Sixth Amendment ,
Thryv Inc v Click-To-Call Technologies LP
Babb v. Wilkie, No. 18-882: Petitioner Norris Babb, a clinical pharmacist at the U.S. Department of Veterans Affairs, brought an age discrimination suit against the Secretary of Veterans Affairs (“VA”). The federal-sector...more
Republican National Committee v. Democratic National Committee, No. 19A1016: The State of Wisconsin’s primary election is set for today, April 7. Plaintiffs including the Democratic National Committee, Democratic Party of...more
Today, the Supreme Court of the United States issued the following opinion:
CITGO Asphalt Refining Co. v. Frescati Shipping Co., No. 18-565: This admiralty suit involves the meaning of a maritime contract’s “safe-berth...more
TODAY, THE SUPREME COURT GRANTED CERTIORARI IN ONE CASE:
Jones v. Mississippi, No. 18-1259: Whether the Eighth Amendment requires the sentencing authority to make a finding that a juvenile is permanently incorrigible...more
Today, the Supreme Court of the United States issued the following opinion:
Kansas v. Garcia, No. 17-834: The Immigration Reform and Control Act of 1986 (“IRCA”) makes it unlawful to hire an alien knowing that he or she is...more
This morning, the Supreme Court of the United States granted certiorari in the following cases:
California v. Texas, No. 19-840; Texas v. California, No. 19-1019: A petition for a writ of certiorari and conditional...more
3/2/2020
/ Affordable Care Act ,
Armed Career Criminal Act of 1984 ,
Article III ,
Certiorari ,
Constitutional Challenges ,
Due Process ,
Federal Sentencing Guidelines ,
FOIA ,
Mens Rea ,
SCOTUS ,
Sentencing Enhancements ,
Severability Doctrine ,
Standing
On Friday afternoon, the Supreme Court of the United States granted certiorari in the following cases:
Ford Motor Co. v. Montana Eighth District Court, No. 19-368; Ford Motor Co. v. Bandemer, No. 19-369: Whether the...more
1/21/2020
/ Administrative Procedure Act ,
Affordable Care Act ,
Certiorari ,
Contraceptive Coverage Mandate ,
First Amendment ,
Forum ,
Personal Jurisdiction ,
Presidential Elections ,
RCRA ,
SCOTUS ,
Twelfth Amendment