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Supreme Court of the United States › Liability

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 -
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

Ervin Cohen & Jessup LLP

The Future of Copyright Enforcement: A Pivotal Supreme Court Case for the Digital Age

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On June 30, 2025, the Supreme Court granted a petition for certiorari from Cox Communications Inc. and agreed to weigh in on one of the most consequential digital copyright cases in recent memory....more

A&O Shearman

Non-consensual releases in Boy Scouts chapter 11 plan survive despite Purdue Pharma ruling

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The Supreme Court’s landmark 2024 Purdue Pharma decision altered the landscape for bankruptcy releases and, in the process, put the resolutions of several other pending mass tort chapter 11 cases in question. A recent...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

Wiley Rein LLP

Supreme Court Blocks Mexico’s Gun Lawsuit: PLCAA Shields U.S. Firearm Makers from Litigation

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On June 5, 2025, the U.S. Supreme Court held unanimously, in Smith & Wesson Brands, Inc. v. Estados Unidos Mexicanos, that the gun-manufacturer and gun-distributor defendants sued by Mexico for negligence and related torts...more

Fox Rothschild LLP

Texas Supreme Court Reverses Liability Finding Against Franchisor

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A recent Texas Supreme Court decision fully overturned a jury’s finding that a franchisor was liable for the criminal actions of a franchisee’s employee. This decision underscores the importance of a franchisor having clearly...more

Akin Gump Strauss Hauer & Feld LLP

US Supreme Court: 'Defendant’s Profits' Are Limited to Named Defendants Under the Lanham Act

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Under the Lanham Act, a plaintiff who prevails on a trademark infringement claim may be entitled to recover the “defendant’s profits” as damages. The Supreme Court in Dewberry Group, Inc. v. Dewberry Engineers Inc....more

ArentFox Schiff

Sue Them All? SCOTUS Vacates $43 Million Trademark Judgment

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To plead, or not to plead. That is a question trademark infringement plaintiffs will need to carefully consider with their legal counsel when deciding which parties to name as defendants in a lawsuit and which legal arguments...more

Epstein Becker & Green

First Circuit Joins Sixth and Eighth Circuits in Adopting “But-For” Causation Standard Under the Federal Anti-Kickback Statute for...

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In 2010, as part of the Affordable Care Act, Congress resolved a highly litigated issue about whether a violation of the Anti-Kickback Statute (AKS) can serve as a basis for liability under the federal False Claims Act (FCA)....more

BakerHostetler

US Supreme Court Set To Hear Case That May Have Significant Implications for the Doctrine of ‘Corporate Separateness’

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The principle of “corporate separateness” – the idea that corporations are separate juridical entities and that stock ownership generally “will not create liability beyond the assets of the [corporation]” – is “deeply...more

Proskauer - Employee Benefits & Executive...

Third Circuit Affirms Finding that Withdrawal Liability Assessment Was Untimely

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When an employer withdraws from a multiemployer pension plan, the plan’s trustees must notify the employer of the amount of its withdrawal liability and demand payment. Employers assessed with withdrawal liability often...more

Pillsbury Winthrop Shaw Pittman LLP

Developments in Association Law 2022 – 2024

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The following is a review of notable cases and regulatory developments for nonprofit organizations at the federal and state levels during the last two years....more

Nelson Mullins Riley & Scarborough LLP

Reacting to Tyler v. Hennepin County: Nebraska Supreme Court Imposes Liability on Investors

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On Friday, the Nebraska Supreme Court issued its opinions in Fair v. Continental Resources, No. S-21-074, and Nieveen v. TAX 106, No. S-21-364, following remand from the United States Supreme Court in the wake of Tyler v....more

Allen Barron, Inc.

Connelly v Internal Revenue Service

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Connelly v. Internal Revenue Service is a landmark SCOTUS decision that will impact business owners, partners, shareholders, members, and professional practitioners from a business perspective, succession planning, as well as...more

Bradley Arant Boult Cummings LLP

Appeals Court Holds ECOA Liability Extends to Prospective Applicants

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On July 11, 2024, the United States Court of Appeals for the Seventh Circuit issued its highly anticipated decision in Consumer Financial Protection Bureau v. Townstone Financial, Inc., et al. In this pivotal decision, the...more

Rivkin Radler LLP

Insurance Update - July 2024

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It’s not often that the U.S. Supreme Court weighs in on insurance issues. That’s because the McCarran-Ferguson Act gives states the primary authority to regulate the business of insurance. So when the Supreme Court speaks on...more

Rivkin Radler LLP

Funding the Buyout of a Deceased Shareholder With Corporate-Owned Life Insurance – Did the Court Decide Connelly Correctly?

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You may have heard or even read about the U.S. Supreme Court’s recent decision regarding the date of death value of a deceased shareholder’s shares in a closely held corporation that owned a life insurance policy on the...more

Oliva Gibbs

Lessons in Chemistry: SCOTUS Declines Review in OPA Case

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The U.S. Supreme Court has declined to hear an appeal addressing whether a mixture of petroleum and chemicals constitutes “oil” under the Oil Pollution Act (OPA). In doing so, the Court has effectively rejected the efforts of...more

Mintz

Supreme Court Narrows the Reach of Omission Liability Claims Under Section 10(b) of the Exchange Act

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Last week, the U.S. Supreme Court, in Macquarie Infrastructure Corporation v. Moab Partners, L.P., held that omissions of supposedly material information allegedly required to be disclosed under Item 303 of SEC Regulation S-K...more

Best Best & Krieger LLP

When Can a Government Official Limit Comments or Block Users on Social Media?

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In Lindke v. Freed, the U.S. Supreme Court found that a civil rights violation might have occurred when the City Manager of Port Huron, Michigan deleted and blocked comments on his personal Facebook page. This depended on...more

Snell & Wilmer

Jack Daniels’ Limitation of the Rogers Shield Prompts the Ninth Circuit to Reverse Itself

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In the wake of the Supreme Court’s decision in Jack Daniels Properties Inc. v. VIP Products LLC, 599 U.S. 140 (2023), the Ninth Circuit reversed its earlier decision affirming that a publication called Punchbowl News did not...more

Hinshaw & Culbertson - Insights for Insurers

Two Cases Directly Impacting Insurers are Currently Pending Before the United States Supreme Court

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Rulings by the United States Supreme Court profoundly impact insurers as businesses and corporate citizens. Additionally, decisions from the U.S. Supreme Court can also influence claims and policyholders' liabilities for...more

Bradley Arant Boult Cummings LLP

U.S. Supreme Court to Review Scope of Sovereign Immunity Defense to FCRA Lawsuits

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Yesterday, the U.S. Supreme Court agreed to decide a case that raises the issue of whether the United States government may be held liable as a data furnisher under the Fair Credit Reporting Act (FCRA) despite its invocation...more

White & Case LLP

Supreme Court Declines to Reconsider Foundational Principles of Internet Platform Liability

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On May 18, 2023, in Twitter, Inc. v. Taamneh, the Supreme Court issued a unanimous opinion declining to impose secondary liability on tech companies for allegedly failing to prevent ISIS from using their platforms for...more

Akerman LLP - Marks, Works & Secrets

SCOTUS: Social Media Companies Not Liable For Aiding And Abetting ISIS

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In Twitter, Inc. v. Taamneh, the Supreme Court unanimously held that social media companies are not liable for aiding and abetting the Islamic State of Iraq and Syria (ISIS) in its terrorist acts that victims claimed resulted...more

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