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Litigation Strategies Appeals Supreme Court of the United States

Hanson Bridgett

Sixth Circuit Decision Raises the Stakes for Supreme Court Review and Broker Liability

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The Sixth Circuit recently became the latest Court of Appeals to weigh in on whether the Federal Aviation Administration Authorization Act (FAAAA) preempts claims of negligent carrier selection under state common law for...more

Troutman Amin LLP

CURIOUS: Second Circuit Issues Oddly-Worded Remand In LaBoom Disco ATDS Ruling Following Facebook– Does It Mean Anything?

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Real quick one for the TCPA super nerds. You’ll recall way back in April 2020 the world was melting down. No, I’m not talking about COVID. I am talking about ATDS cases. Perhaps the high-water mark of TCPAWorld ATDS chaos...more

Patterson Belknap Webb & Tyler LLP

Justices to Consider Whether Section 47(b) of the Investment Company Act Creates a Federal Cause of Action

In its October 2025 Term, the Supreme Court will decide whether Section 47(b) of the Investment Company Act of 1940 (“ICA”) creates a federal cause of action for private plaintiffs seeking rescission of contracts that are...more

Constangy, Brooks, Smith & Prophete, LLP

Supreme Court restricts universal injunctions, but plaintiffs find a “workaround”

At the end of its 2024-25 term, the U.S. Supreme Court held in Trump v. CASA, Inc. that federal district courts do not have equity power to issue so-called “universal” (also known as “nationwide”) injunctions. At issue in...more

McGlinchey Stafford

Litigation Byte (June 2025 Edition)

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SCOTUS Says: Hobbs Act Does Not Bind a District Court to the FCC’s Interpretation of a Statute - On May 1, 2025, the American Arbitration Association’s new amendments to the Consumer Arbitration Rules officially went into...more

Morgan Lewis

Supreme Court to Resolve Federal Officer Removal Circuit Split in WWII Contracts Case

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The US Supreme Court on June 16, 2025 granted certiorari for an appeal from a divided opinion by the US Court of Appeals for the Fifth Circuit relating to the federal officer removal statute. The appeal comes after a jury...more

Cozen O'Connor

Texas Supreme Court Narrows Employer Liability and Explains Standard for Proximate Cause

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In a significant decision issued on June 27, 2025, the Supreme Court of Texas reversed a jury verdict awarding over $89 million in damages in favor of the plaintiffs in Werner Enterprises, Inc. v. Blake, holding that the...more

Davis Wright Tremaine LLP

Leveling—or Blowing Up—the Hobbs Act Playing Field?

The Administrative Order Review Act (better known as the "Hobbs Act") grants "exclusive jurisdiction" to the federal courts of appeals to "determine the validity" of most FCC orders and rules and certain other agency orders....more

Mintz - Technology, Communications & Media...

Telephone and Texting Compliance — US Supreme Court Sends TCPA District Courts Back to Square One While Breathing New Life into...

In a new 6-3 opinion, the US Supreme Court has cast further doubt into TCPA litigation. The decade-old underlying case, McLaughlin Chiropractic Associates, Inc. v. McKesson Corporation et al., was filed after the defendant...more

Katten Muchin Rosenman LLP

SCOTUS Says District Courts Are Not Bound by FCC Orders Interpreting the TCPA

On June 20, 2025, the U.S. Supreme Court delivered an opinion that could dramatically change the landscape of class actions under the Telephone Consumer Protection Act (TCPA)....more

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

Robinson Bradshaw

Will the Supreme Court Weigh In on Ascertainability?

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We’ve written previously about courts’ differing approaches to ascertainability — an implicit requirement under Rule 23 that class members must be identifiable. A pending petition for certiorari in Career Counseling, Inc. v....more

Cranfill Sumner LLP

Supreme Court Cert Denials: Beyond the Headlines

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While legal analysts focus on landmark Supreme Court decisions each term, equally significant are the cases the Court declines to hear. These certiorari denials often reveal critical jurisprudential trends that shape...more

Shook, Hardy & Bacon L.L.P.

A Blockbuster Week for the VPPA—New Releases from the Sixth and Seventh Circuits

Much like Blockbuster Video rental stores (of which you might be surprised to learn there is still one remaining), the Video Privacy Protection Act (VPPA) was quietly slipping into obsolescence with the advent of the Internet...more

Fox Rothschild LLP

U.S. Supreme Court to Decide Whether the Palestinian Authority Can Be Sued In the United States for Terror Attacks in Israel

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The United States Supreme Court may soon decide whether U.S. victims of terrorist attacks in Israel may sue the Palestinian Authority (“PA”) and the Palestine Liberation Organization (“PLO)” for damages in U.S. courts. In...more

Faegre Drinker Biddle & Reath LLP

Supreme Court Decides Medical Marijuana, Inc. v. Horn

On April 2, 2025, the Supreme Court of the United States issued a decision in Medical Marijuana, Inc. v. Horn, No. 23-365, holding that the RICO civil cause of action for “[a]ny person injured in his business or property,” 18...more

Foley Hoag LLP - Energy & Climate Counsel

Climate Litigation Against the US Is Dead. How Long Will State Climate Damage Cases Survive?

On Monday morning, the Supreme Court denied certiorari in Juliana v. United States. The cert. denial leaves in place the 9th Circuit Court of Appeals decision that ordered the case dismissed for lack of standing. At least for...more

McCarter & English, LLP

If You Want Damages for Trademark Infringement, Be Prepared to Do the Dew(berry)

Under federal trademark law, a winning trademark owner can seek a defendant’s profits from infringing use of the trademark. But just who is the “defendant” whose profits can be reached? Is it the corporate affiliate of the...more

Fitch, Even, Tabin & Flannery LLP

The Supreme Court Clarifies Definition of “Defendant’s Profits” Under the Lanham Act

On February 26, the U.S. Supreme Court in Dewberry Group, Inc. v. Dewberry Engineers Inc. unanimously held that an award of “defendant’s profits” under the Lanham Act in a trademark infringement suit is only ascribable to the...more

Mintz - Intellectual Property Viewpoints

Whose Profits Are These, Anyway? Who Constitutes The Defendant For Purposes of Disgorgement Of Profits In A Trademark Infringement...

In a unanimous (and unsurprising) decision on Wednesday, the Supreme Court vacated an award of nearly $43 million in disgorged profits to a trademark infringement plaintiff because those profits were not attributable to the...more

PilieroMazza PLLC

SCOTUS Greenlights Release of Foreign Aid Funds to Government Contractors

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On March 5, 2025, the United States Supreme Court (SCOTUS) upheld a federal judge’s order directing the government to pay nearly $2 Billion to federal contractors for completed foreign aid work. This client alert identifies...more

Venable LLP

U.S. Supreme Court Decision Prohibits Plaintiff Recovery of Attorney’s Fees After a Preliminary Injunction Win

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On February 25, 2025, the United States Supreme Court held that plaintiffs who obtain a preliminary injunction are not eligible for attorney’s fees under 42 U.S.C. § 1988(b) because they do not qualify as “prevailing...more

Moritt Hock & Hamroff LLP

Supreme Court Upholds Principle Of Corporate Separateness In Vacating Award To Dewberry Engineers

n a decision that strongly endorsed the principle of corporate separateness – where a company’s affiliates are not financially responsible for the legal obligations of their parent – the U.S. Supreme Court unanimously...more

Dorsey & Whitney LLP

The Supreme Court Update - February 26, 2025

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The Supreme Court of the United States issued two decisions today: Dewberry Group, Inc. v. Dewberry Engineers, Inc., No. 23-900: The Court held that in awarding the “defendant’s profits” to the prevailing plaintiff in a...more

Hogan Lovells

Supreme Court to address class certification and Article III standing

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On January 24, 2025, the U.S. Supreme Court agreed to answer a hotly contested question in class action litigation: “Whether a federal court may certify a class action pursuant to Federal Rule of Civil Procedure 23(b)(3) when...more

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