News & Analysis as of

Certiorari Supreme Court of the United States Jurisdiction

WilmerHale

Supreme Court To Decide Significant Case On When To Bring Constitutional Challenge Against State Attorney General In Federal Court

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On June 16, 2025, the Supreme Court granted certiorari in a case from the Third Circuit regarding the availability of a federal forum to raise constitutional challenges to a subpoena issued by a state attorney general....more

Hogan Lovells

Update: Supreme Court declines to resolve key class certification question

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This development reinforces the importance of early case assessment and a tailored class certification defense strategy. Lower courts may continue to diverge on this issue, creating inconsistent outcomes depending on...more

WilmerHale

SCOTUS to Decide the Scope of Federal Officer Removal for Federal Contractors

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On Monday, June 16, 2025, the U.S. Supreme Court granted certiorari in Chevron U.S.A. Inc. v. Plaquemines Parish, a case about the extent to which federal contractors can remove lawsuits to federal court under the federal...more

Pierce Atwood LLP

After Oral Argument, Supreme Court Dismisses Labcorp Appeal of Class Certification Based On Article III Standing and Circuit Split...

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On April 29, 2025, the Supreme Court heard oral argument in Labcorp v. Davis, in which it considered the question of whether Article III standing must be determined for all members of the class, including uninjured members,...more

Dorsey & Whitney LLP

The Supreme Court Update - June 16, 2025

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The Supreme Court of the United States granted certiorari in two cases today: First Choice Women’s Resource Centers, Inc. v. Platkin, No. 24-781: This case concerns the appropriate forum for raising constitutional...more

McGlinchey Stafford

SCOTUS to Decide Whether a Class Can Be Certified Despite Some of Members Lacking Damages

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On April 29, 2025, the U.S. Supreme Court heard oral arguments in Laboratory Corporation of America Holdings, d/b/a Labcorp v. Davis et al., No. 24-304 (2025 Term) to determine whether certification is appropriate in a class...more

Dorsey & Whitney LLP

The Supreme Court Update - April 28, 2025

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Today, the Supreme Court of the United States granted certiorari in one case: Hain Celestial Group v. Palmquist, No. 24-724: This case addresses the scope of federal courts’ diversity jurisdiction....more

Morrison & Foerster LLP - Class Dismissed

Everyone Please Stand: Supreme Court to Consider Standing Requirements for Class Actions, With the Potential to Resolve...

On January 24, 2024, the Supreme Court granted certiorari in Laboratory Corp. of America v. Davis (“LabCorp”),[1] to consider “[w]hether a federal court may certify a class action pursuant to Federal Rule of Civil Procedure...more

Kilpatrick

Supreme Court holds that plaintiff can defeat federal question jurisdiction by eliminating all federal questions in post-removal...

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Takeaway: Class action plaintiffs often endeavor to structure their complaints to avoid federal jurisdiction. To avoid federal diversity jurisdiction, for example, class plaintiffs often will name non-diverse defendants with...more

Dorsey & Whitney LLP

The Supreme Court Update - January 28, 2025

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Yesterday, the Supreme Court of the United States granted certiorari in one case: Martin v. United States, No. 24-362: An FBI SWAT team executed a no-knock search warrant at Petitioners’ house, which was not the address...more

Holland & Knight LLP

U.S. Supreme Court Takes Up Nuclear Waste Storage Cases

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The U.S. Supreme Court on Oct. 4, 2024, granted certiorari in two cases related to the U.S. Nuclear Regulatory Commission's (NRC) authority to license temporary spent fuel storage facilities that are not co-located with a...more

Dorsey & Whitney LLP

The Supreme Court Update - April 29, 2024

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Today, the Supreme Court of the United States granted certiorari in four cases: Medical Marijuana, Inc. v. Horn, No. 23-365: This case involves interpretation of the Racketeer Influenced and Corrupt Organizations Act...more

Dorsey & Whitney LLP

The Supreme Court Update - December 11, 2023

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On December 8, 2023, the Supreme Court of the United States granted certiorari in one case...more

McGlinchey Stafford

Which came first: Forum selection clause or arbitration provision? SCOTUS to decide

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For the second time in as many years, the Supreme Court of the United States has agreed to hear an appeal from a prominent cryptocurrency exchange regarding the enforceability of its arbitration clause in the exchange’s user...more

Ogletree, Deakins, Nash, Smoak & Stewart,...

Supreme Court to Hear Case on Whether Lawsuits are Stayed During Appeal of Denial of Motion to Compel Arbitration

On December 9, 2022, the Supreme Court of the United States granted a petition for certiorari in a case raising the question of whether a non-frivolous appeal to the denial of a motion to compel arbitration strips the...more

Dorsey & Whitney LLP

The Supreme Court Update - December 9, 2022

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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

Morrison & Foerster LLP

U.S. Supreme Court to Decide the Scope of Federal Courts’ Criminal Jurisdiction over Foreign Sovereign Defendants

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On October 3, 2022, the United States Supreme Court granted certiorari in Turkiye Halk Bankasi A.S. v. United States, No. 21-1450 (“Halkbank”), to determine whether federal courts have subject-matter jurisdiction over...more

Morrison & Foerster LLP

Jarkesy, Cochran, and the Attack on ALJs

On May 18, 2022, the U.S. Court of Appeals for the Fifth Circuit in Jarkesy v. SEC issued a scathing rebuke of the Securities and Exchange Commission’s (“SEC”) use of administrative law judges (“ALJ”)....more

Holland & Knight LLP

Supreme Court to Review the Structure of FTC's Proceedings and Procedures

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Earlier this year, the U.S. Supreme Court granted certiorari on a case that has ramifications for the Federal Trade Commission's (FTC) investigations into private industry. In Axon Enterprise, Inc. v. Federal Trade...more

ArentFox Schiff

The US Supreme Court Limits Federal Courts’ Jurisdiction To Confirm or Vacate Domestic Arbitral Awards Under Sections 9 and 10 of...

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The US Supreme Court has limited the jurisdiction of federal courts to hear motions to vacate or confirm domestic arbitral awards. In Badgerow v. Walters, the Court considered whether the Federal Arbitration Act (FAA) creates...more

Venable LLP

SCOTUS and WOTUS: Is Sackett Case the Final Chapter?

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On January 24, 2022, the U.S. Supreme Court granted certiorari on a fundamental environmental law question that has lingered for several decades - what is the appropriate definition of "waters of the United States" (WOTUS) in...more

Venable LLP

Federal Trade Commission Goes to the Supreme Court Again, This Time in a Constitutional Challenge

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If you had asked us last week, we would have predicted that the Supreme Court’s momentous AMG Capital Management, LLC v. FTC decision last year, in which the Court struck down the Federal Trade Commission’s nearly 50-year...more

McDermott Will & Emery

Supreme Court Grants Certiorari in One Tax Case, Denies it in Several Others

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Historically, the Supreme Court of the United States rarely grants petitions for certiorari in tax cases, and it appears this trend continues in the current term. On September 30, 2021, the Supreme Court granted the...more

Dorsey & Whitney LLP

The Supreme Court - February 3, 2021

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Today, the Supreme Court of the United States issued the following three decisions: Federal Republic of Germany v. Philipp, No. 19-351: In this Foreign Sovereign Immunities Act (“FSIA”) case, the respondents - heirs of...more

Butler Snow LLP

Supreme Court’s Grant of Certiorari Could Signal Change in Scope of Review for Remand Orders to State Courts

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The removal of a state court action to federal court is often conceptualized in the context of 28 U.S.C. § 1441, where, but for the plaintiff’s choice of venue, the matter could have been filed in federal court pursuant to...more

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