News & Analysis as of

Supreme Court of the United States › Breach of Contract

The United States Supreme Court is the highest court of the United States and is charged with interpreting federal law, including the United States Constitution. The Court's docket is largely discretionary... more +
The United States Supreme Court is the highest court of the United States and is charged with interpreting federal law, including the United States Constitution. The Court's docket is largely discretionary with only a limited number of cases granted review each term.  The Court is comprised of one chief justice and eight associate justices, who are nominated by the President and confirmed by the Senate to hold lifetime positions. less -
Kennedys

Insurers remain subject to tribal jurisdiction in the Ninth Circuit following denial of certiorari by the Supreme Court

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Present or not, insurers doing business with tribal government and businesses cannot escape the jurisdiction of tribal courts, at least within the Ninth Circuit....more

Patterson Belknap Webb & Tyler LLP

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

Patterson Belknap Webb & Tyler LLP on

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

Sheppard Mullin Richter & Hampton LLP

If The Shoe Doesn’t Fit: Supreme Court Rejects “Minimum Contacts” For Personal Jurisdiction Under FSIA

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The Supreme Court recently confirmed in a unanimous decision the requirements for personal jurisdiction over foreign states when parties seek to confirm international arbitration awards, but important questions remain. In...more

Paul Hastings LLP

The Verdict Is In: SuperValu Wins at Trial Despite Knowingly Submitting False Claims

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In 2023, we wrote about the Supreme Court’s decision in United States ex. rel. Schutte v. SuperValu Inc. interpreting the False Claims Act’s (FCA) scienter standard to require inquiry into a defendant’s subjective knowledge....more

Mayer Brown

US Supreme Court Rejects "Minimum Contacts" Requirement Under Foreign Sovereign Immunities Act in Action to Enforce an Arbitration...

Mayer Brown on

In a unanimous decision on June 5, 2025, the Supreme Court of the United States overturned a Ninth Circuit decision declining to enforce a US$ 1.3 billion arbitral award issued to Devas Multimedia Private Ltd. ("Devas"), an...more

Snell & Wilmer

U.S. Supreme Court Rejects Minimum Contacts for Personal Jurisdiction Over Foreign States Under Foreign Sovereign Immunities Act...

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On June 5, 2025, the U.S. Supreme Court unanimously reversed a Ninth Circuit Court of Appeals decision requiring a plaintiff seeking to confirm an arbitration award against a foreign state to prove minimum contacts with the...more

Foley & Lardner LLP

Supreme Court Rejects Minimum Contacts Requirement to Subject Foreign States to Suits in the U.S. Under FSIA

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On June 5, 2025, in a unanimous decision authored by Justice Alito, the United States Supreme Court held that the Foreign Sovereign Immunities Act of 1976 (FSIA), 28 U.S.C. §§1330, 1602 et seq., does not require a plaintiff...more

Gray Reed

Two Words = Six Million Dollars: SCOTX Reverses Trial Court That Added Words to a Gas Transportation Agreement

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In American Midstream (Alabama Intrastate), LLC v. Rainbow Energy Marketing Corporation, the Texas Supreme Court held that the trial court improperly inserted the words “scheduled” and “physical” into a contract. By...more

Epstein Becker & Green

A Day of Near-Unanimity on Six Important Cases - SCOTUS Today

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As this term draws to a close, the U.S. Supreme Court is getting busy in reducing its inventory of pending cases. Yesterday, six of them were resolved....more

Gray Reed

Texas Supreme Court Decides Who Must Produce to Maintain an Oil and Gas Lease

Gray Reed on

In Cromwell v. Anadarko E & P Onshore LLC the Supreme Court of Texas did what it so often does: In order to provide “legal certainty and predictability”, the Court considered the plain language of a contract in order to...more

DLA Piper

Supreme Court Paves The Way for Increased Enforcement by Rejecting “Economic Loss” Requirement for Fraud Charges, Broadening...

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For the last decade and more, the federal courts have grappled with the precise parameters of the federal wire fraud statute (and analogous criminal statutes). Among other things, there has been a Circuit split for some...more

A&O Shearman

Supreme Court Limits Scope Of Damages Awards In A Trademark Infringement Action

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On February 26, 2025, the Supreme Court of the United States issued a unanimous decision limiting the Lanham Act’s scope of damages in a trademark infringement action. The case involves a trademark dispute between two...more

Paul Hastings LLP

Supreme Court Poised to Narrow Materiality

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The materiality standard in fraud cases may soon shift dramatically if the comments of Supreme Court justices during a recent oral argument are any indication. A rollback of the materiality standard would be the latest in a...more

Maynard Nexsen

Global Coverage, Global Jurisdiction? Analyzing Efforts to Expand Personal Jurisdiction Over Insurers

Maynard Nexsen on

Across the United States, courts disagree about where an insurance company may be subject to personal jurisdiction. For instance, is a territory-of-coverage provision relevant to personal jurisdiction? What about registering...more

Fox Rothschild LLP

U.S. Supreme Court to Decide Disgorgement Damages Issue in Trademark Dispute

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Dewberry Engineers Inc. (“Dewberry Engineers”), a prominent engineering firm, has been locked in an on-again, off-again trademark dispute with a real estate development firm called Dewberry Group, Inc. (“Dewberry Group”) for...more

Faegre Drinker Biddle & Reath LLP

Supreme Court Decides Becerra v. San Carlos Apache Tribe

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On June 6, 2024, the Supreme Court decided Becerra v. San Carlos Apache Tribe, No. 23-250, holding that the Indian Self-Determination and Education Assistance Act (ISDA), 25 U.S.C. § 5301 et seq., requires the Indian Health...more

Payne & Fears

April 2024 Case Summaries

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Mattioda v. Nelson, 98 F.4th 1164 (9th Cir. 2024) - Summary: Disability-based harassment claims are available under the Americans with Disabilities Act and the Rehabilitation Act....more

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

Connecticut Appellate Court Says Constructive Discharge Limitations Period Runs From Last Act of Discrimination, Not Resignation

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The Connecticut Appellate Court recently ruled that a septuagenarian teacher’s claims that she was forced to resign because of age discrimination were untimely. The ruling distinguishes Connecticut law from a 2016 Supreme...more

Troutman Pepper Locke

Amici Argue for Narrow Interpretation of National Bank Act Preemption

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A group of non-profit consumer advocacy organizations, the Conference of State Bank Supervisors, and the American Association of Residential Mortgage Regulators filed two separate briefs asking the U.S. Supreme Court to...more

Proskauer - New Media & Technology

Another Web Scraping Dispute Focused on Travel Data

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In a recent post, we recounted the myriad of issues raised by recently-filed data scraping suits involving job listings, company reviews and employment data.  Soon after, another interesting scraping suit was filed, this time...more

Skadden, Arps, Slate, Meagher & Flom LLP

Employment Flash - November 2023

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...NLRB Issues Final Rule on ‘Joint Employer’ Standard On - October 26, 2023, the National Labor Relations Board (NLRB) issued a final rule titled “Standard for Determining Joint Employer Status,” which rescinds and...more

Adams & Reese

Tennessee Supreme Court Rules Economic Loss Doctrine Only Applies to Products Liability Cases; Reverses Appeals Court’s Expansion

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The Tennessee Supreme Court recently issued an important decision making clear that in a breach of contract dispute, the aggrieved party may recover more in damages than the parties’ contract permits, such as punitive,...more

A&O Shearman

Diamond Sports Group swings for the fences (and strikes out)

A&O Shearman on

During a U.S. bankruptcy case, can a debtor pay something less than the full contract rate provided for in a contract entered into prior to the bankruptcy while still requiring the counterparty to fully perform its...more

Tucker Arensberg, P.C.

U.S. Supreme Court Determines a Fraudulent Debt Cannot Be Discharged, Regardless of Debtor’s Culpability

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In Bartenwerfer v. Buckley, 598 U.S. __ (2023), the United States Supreme Court, in a unanimous opinion authored by Justice Amy Coney Barrett, determined that a debtor could not discharge a judgment debt because the “debt...more

Weintraub Tobin

Trademark and Copyright Cases to Watch in 2023

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It’s always good to start off the year with an overview of trademark and copyright cases to watch. This year, we have a couple of cases that we’ve previously discussed on our podcast The Briefing, when they were on appeal...more

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