News & Analysis as of

Amicus Briefs Oral Argument

Orrick, Herrington & Sutcliffe LLP

District court receives amici request to participate in oral argument

On June 13, the U.S. District Court for the District of North Dakota received a motion from two amici curiae seeking leave to participate in oral arguments scheduled for July 23 on the parties’ cross motions for summary...more

Holland & Hart LLP

ACLU of Nevada Partners with Holland & Hart on Critical Amicus Brief Involving Right to Open and Transparent Courts

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LAS VEGAS (Nov. 7) - Holland & Hart and ACLU of Nevada have partnered on an amicus brief to the Nevada Supreme Court in a case critical to protect Nevadans’ right of access to their courts....more

Foley & Lardner LLP

Supreme Court Set to Determine Burden of Proof on Fair Labor Standards Act Exemptions

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The U.S. Supreme Court has set oral argument for November 5, 2024, in E.M.D. Sales, Inc. v. Carrera. The issue before the court is what standard of proof employers must satisfy to demonstrate that a Fair Labor Standards...more

Ballard Spahr LLP

Preliminary Injunction Hearing in Federal Court on Colorado DIDMCA Opt-Out Challenge

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On May 16, the U.S. District Court for the District of Colorado held a hearing in NAIB, et al v. Weiser, et al. on a motion filed by three financial services industry trade groups to preliminarily enjoin Colorado from...more

Ballard Spahr LLP

Bank of America files merits brief with SCOTUS in National Bank Act preemption case; DOJ seeks leave to participate in oral...

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Bank of America, N.A. has filed its merits brief in Cantero v. Bank of America, N.A., the case currently before the U.S. Supreme Court dealing with the scope of national bank preemption.  The petitioners must file their reply...more

Ballard Spahr LLP

SCOTUS to hear oral argument on February 20 to determine timing for facial challenges to federal regulations

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The U.S. Supreme Court has scheduled oral argument for Tuesday, February 20, 2024 in Corner Post, Inc. v Board of Governors of the Federal Reserve System. The question that the Supreme Court will decide is when a right of...more

Ballard Spahr LLP

SCOTUS slated to make lasting impact on consumer financial services industry in 2024

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This New Year is setting up to be a momentous one for the consumer financial services industry in the United States Supreme Court. In 2024, the Supreme Court is expected to decide four impactful cases that may hold that the...more

Troutman Pepper Locke

The 7 Most Notable FCRA Cases of 2023 So Far

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The first half of 2023 has produced significant developments for the Fair Credit Reporting Act. Important decisions have come from multiple areas of the field, including the federal courts of appeals and regulatory agencies. ...more

Ballard Spahr LLP

SCOTUS to hear oral argument on Nov. 29 in case involving challenge to use of administrative law judges by federal agencies

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On November 29, 2023, the U.S. Supreme Court will hear oral argument in Jarkesy v. Securities and Exchange Commission, a case in which the respondents are challenging the constitutionality of the SEC’s use of administrative...more

Zuckerman Spaeder LLP

Social Media and State Action: The Supreme Court Considers When Government Officials Block Commenters “Under Color of” State Law

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When public officials block commenters from their social media pages, are they acting “under color of” state law for purposes of 42 U.S.C. § 1983? Yesterday, October 31, 2023, the Supreme Court heard oral arguments in two...more

Fox Rothschild LLP

NC Expands Role of Amici in Appeals

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Amici will soon have more opportunities to share their views with our North Carolina appellate courts. Currently, our Appellate Rules expressly allow for amicus participation at the merits-briefing stage. N.C. R. App. P....more

Troutman Pepper Locke

Supreme Court Denies Oral Argument to Republican State AGs Who Argue That the CFPB Funding Mechanism Is Unconstitutional

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On August 21, the U.S. Supreme Court denied a request by West Virginia Attorney General (AG) Patrick Morrisey and 26 other state AGs to participate in oral arguments in Consumer Financial Protection Bureau (CFPB) et al. v....more

Ballard Spahr LLP

SCOTUS denies motion of Republican State Attorney Generals to participate in oral argument in case challenging constitutionality...

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The U.S. Supreme Court has denied the motion filed by the 27 Republican State Attorney Generals who filed an amicus brief in support of Community Financial Services Association in CFSA v. CFPB asking for leave to participate...more

Ballard Spahr LLP

SCOTUS to hear oral argument on Oct. 3 in case challenging constitutionality of CFPB’s funding

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The U.S. Supreme Court has scheduled oral argument on October 3, 2023 in Community Financial Services Association of America Ltd. v. CFPB.  In the case, CFSA has asked the Supreme Court to affirm the Fifth Circuit panel’s...more

Snell & Wilmer

Post-Argument Review: What Government Contractors Can Do To Ready Themselves for Landmark Supreme Court Decision in FCA Cases

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On April 18, 2023, the U.S. Supreme Court heard oral argument on two high-stakes False Claims Act (“FCA”) cases – SuperValu and Safeway. We recently analyzed the facts, procedural history, and implications of the Court’s...more

White & Case LLP

Oral Argument Over Dog Toy Gives the Supreme Court a Lot to Chew On—Distiller Has a [Dog] Bone to Pick with Rogers v. Grimaldi

White & Case LLP on

The Supreme Court heard oral arguments on Wednesday in Jack Daniel's Properties v. VIP Products LLC, __ U.S. __ (2023) a case that could transform the way courts evaluate the balance of trademark rights with constitutional...more

Mintz - Health Care Viewpoints

EnforceMintz — 2022 Teed Up Two False Claims Act Issues That the Supreme Court Is Poised to Answer in 2023

Over the last year, a few important questions related to False Claims Act (FCA) cases have garnered significant attention. Two of those questions ultimately made their way to the Supreme Court. In one case, which has already...more

Stevens & Lee

Challenging the Constitutionality of the FTC’s Fundamental Structure/Processes

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Supreme Court to Hear Oral Arguments in Axon Enterprises- With the October 2022 term of the U.S. Supreme Court (“Court”) now underway, health care providers and others in the health care industry contemplating merger and...more

Wiley Rein LLP

A Break Down of the SCOTUS Oral Argument on First Amendment Right to Privacy in Association

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Wiley’s Lee Goodman, Andrew Woodson, and Jeremy Broggi break down the U.S. Supreme Court’s April 26 oral arguments in two cases: Americans for Prosperity Foundation v. Bonta and Thomas More Law Center v. Bonta. The cases...more

ArentFox Schiff

Supreme Court Hears Oral Argument on California’s Attempt To Collect Names of Donors to Nonprofits

ArentFox Schiff on

The petitioners appeared to have a more sympathetic bench and went so far as to say the Attorney General of the State of California was “not genuine” in his position. On April 26, the Supreme Court held a lively oral...more

(ACOEL) | American College of Environmental...

A Property Right To Exclude Others: Cedar Point Nursery’s Implications For Regulatory Enforcement

The Supreme Court recently heard oral argument in Cedar Point Nursery v. Hassid (No. 20-107), a case that has generated considerable amicus participation and press coverage. In that case, union organizers, relying on a...more

Kilpatrick

Petitioner And Amicus Briefs Lay Out Arguments In Supreme Court Fight Over Assignor Estoppel

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As previously reported, in January 2021, the Supreme Court granted a petition for a writ of certiorari filed by Minerva Surgical, Inc. on the question of “whether a defendant in a patent infringement action who assigned the...more

Jackson Lewis P.C.

Supreme Court Allows DOJ To Join Oral Argument In Alston Case

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The U.S. Supreme Court has announced that it would allow the U.S. Department of Justice (DOJ) to became an additional presenter during the landmark case, NCAA v. Alston, which is set for oral argument on March 31, 2021. ...more

Jones Day

Apple v. Iancu: Oral Argument on Motion to Dismiss and Plaintiff Summary Judgment Motion

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Since the PTAB designated Apple v. Fintiv precedential, the six-factor, “holistic” test has been increasingly used to discretionarily deny institution of petitions challenging claims already subject to parallel litigation...more

Morrison & Foerster LLP - Federal Circuitry

Healthcare, Biologics, and Severability: Will the ACA—and the BPCIA—Survive the Latest Challenge?

The Biologics Price Competition and Innovation Act of 2009 (“BPCIA”) is looking alive and well after last week’s Supreme Court oral argument on the Affordable Care Act (“ACA”). If you didn’t realize the BPCIA was at issue...more

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