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Supreme Court of the United States › Private Right of Action

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 -
Patterson Belknap Webb & Tyler LLP

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

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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

Goodwin

Supreme Court to Resolve Circuit Split Over Existence of Implied Private Right of Action Under Section 47(b) of the Investment...

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On June 30, 2025, the Supreme Court granted certiorari in FS Credit Opportunities Corp. v. Saba Capital Master Fund, Ltd., agreeing to resolve a circuit split over whether private parties have an implied right of action to...more

Herbert Smith Freehills Kramer

US Supreme Court Grants Certiorari to Decide Whether Section 47(b) of the Investment Company Act Allows for a Private Right of...

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On June 30, 2025, the Supreme Court granted certiorari in FS Credit Opportunities Corp., et al. v. Saba Capital Master Fund, Ltd., et al., 24-345 to resolve a circuit split over whether Section 47(b) of the Investment Company...more

Ropes & Gray LLP

Supreme Court to Consider Closing a Back Door to Fund Litigation Claims Under the Investment Company Act

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On June 30, the U.S. Supreme Court agreed to hear a case that will determine whether Section 47(b) of the Investment Company Act of 1940 (ICA) creates a private right of action for shareholders of registered investment...more

Foley Hoag LLP - Medicaid and the Law

Medina v. Planned Parenthood South Atlantic: Oral Arguments Focus on Statutory ‘Magic Words’

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On April 2, 2025, the U.S. Supreme Court heard oral arguments in Medina v. Planned Parenthood South Atlantic. At issue in Medina is § 1902(a)(23) of the Social Security Act (the Act),1 or the “free-choice-of-provider”...more

Carlton Fields

Can Shareholders Rescind an Investment Company’s Contracts Based on 1940 Act Violations?

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Section 47(b) of the Investment Company Act of 1940 provides that contracts that violate or “whose performance involves, a violation of” the act are not enforceable by “either party.” ...more

Dorsey & Whitney LLP

The Supreme Court Update - December 18, 2024

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Today, the Supreme Court of the United States granted certiorari in two cases: Kerr v. Planned Parenthood South Atlantic, No. 23-1275: This case addresses a 5-2 circuit split on whether the Medicaid Act’s...more

Schwabe, Williamson & Wyatt PC

The Supreme Court’s Latest Rulings on Administrative Agencies: Implications for ‎Consumer Product Companies

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In the final week of this year’s Supreme Court term, the Court issued several decisions that alter the role of federal agencies in the way laws are interpreted and enforced, and thus the way that business will be done in the...more

Goodwin

SCOTUS Ruling Makes Federal Agency Rules Susceptible to Previously Untimely Challenges

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​​​​​​​At the close of an extended term, on July 1, 2024, the U.S. Supreme Court expanded the time period for bringing a facial challenge to a federal agency rule....more

Klein Moynihan Turco LLP

As Online Sports Betting Proliferates, Authorities Tighten The Screws On Gambling Advertising

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On May 14, 2018, the United States Supreme Court decided the pivotal matter of Murphy v. National Collegiate Athletic Assoc., repealing the Professional and Amateur Sports Protection Act of 1992. The decision cleared the way...more

Foley & Lardner LLP

U.S. Supreme Court Rules That “Pure Omissions” Are Not Actionable Under Rule 10b-5

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On April 12, 2024, the United States Supreme Court delivered an important decision on the issue of whether a failure to make disclosure required under Item 303 of Regulation S-K can support a Rule 10b-5 claim, even in the...more

Skadden, Arps, Slate, Meagher & Flom LLP

Employment Flash - March 2024

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In this issue of Employment Flash: the new DOL rule on independent contractors, SCOTUS’s unanimous Sarbanes-Oxley whistleblower ruling, plus labor law developments in California, Delaware, D.C., New York, the EU, Germany and...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

Holtzman Vogel Baran Torchinsky & Josefiak

Eighth Circuit Rules That the Voting Rights Act Does Not Include a Private Right of Action, Impacting Potentially Numerous Pending...

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On Monday, the United States Court of Appeals for the Eighth Circuit held that Section 2 of the Voting Rights Act lacks a private right of action. The court affirmed an Arkansas federal district court’s holding that only the...more

Paul Hastings LLP

Public Company Watch: November 2023

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In the November edition of our Public Company Watch, we cover key issues impacting public companies, including how to prepare for the 2024 10-K season; the SEC announcing a new intake system for Rule 14a-8 submissions; the...more

Proskauer - Law and the Workplace

Implications of and Open Questions Regarding the N.Y. State Legislature’s Passage of Bill Banning Non-Competes

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On June 21, 2023, the New York State Assembly passed a sweeping bill (Bill No. S03100/A1278B — An Act to Amend the Labor Law, in Relation to Prohibiting Non-Compete Agreements and Certain Restrictive Covenants) that, if it...more

Rothwell, Figg, Ernst & Manbeck, P.C.

The Supreme Court Declines to Further Clarify Standing for Privacy Claims in Wakefield v. ViSalus

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A number of federal privacy laws provide private rights of action, allowing individuals (or class actions) to bring claims alleging violations of certain privacy laws. Some examples of these statutes include the Video Privacy...more

Perkins Coie

Supreme Court Reinstates Injunction Against Texas Social Media Law

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In a 5-4 decision, the U.S. Supreme Court vacated the U.S. Court of Appeals for the Fifth Circuit’s stay of a temporary injunction in NetChoice, LLC v. Paxton, a closely watched case involving a novel Texas law purporting to...more

Miller Canfield

Supreme Court Holds Emotional Distress Damages Are Not Recoverable for Claims Arising Under Some Antidiscrimination Statutes

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On April 28, 2022, the U.S. Supreme Court issued its 6-3 decision in Cummings v. Premier Rehab Keller, P.L.L.C., holding that emotional distress damages are not recoverable in a lawsuit brought under the Rehabilitation Act of...more

Patterson Belknap Webb & Tyler LLP

The U.S. Supreme Court Clarifies the Standards and Proof Required to Meet the Reliance Element of a Securities Fraud Claim

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On June 21, 2021, the Supreme Court issued an opinion by Justice Barrett on the reliance element of a securities fraud claim. In a unanimous portion of her opinion (the “Decision”), Justice Barrett held that courts may...more

ArentFox Schiff

Unanimous Supreme Court Decision Narrows the Scope of the TCPA

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An April Supreme Court ruling significantly reduced the scope of communications platforms that could be considered autodialers subject to the Telephone Consumer Protection Act (TCPA). The decision in Facebook, Inc. v....more

ArentFox Schiff

Class Action Quarterly Update: TCPA

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An April Supreme Court ruling significantly reduced the scope of communications platforms that could be considered autodialers subject to the Telephone Consumer Protection Act (TCPA). The decision in Facebook, Inc. v....more

Foley Hoag LLP - Medicaid and the Law

The Availability of a Private Right of Action in Medicaid

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A few years ago, we told you about the “ongoing saga” surrounding the ability of a Medicaid beneficiary or a provider of health care services to a Medicaid beneficiary to challenge a state Medicaid agency’s putative violation...more

Hudson Cook, LLP

U.S. Supreme Court to Address Major TCPA Issue Next Term, Resolving Circuit Split on Autodialer Standard

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Summer in Washington, D.C., is usually a quiet time. D.C.'s summer of 2020 has been anything but quiet, to put it mildly. While there are several existential pulls on our attention this season, we should still take a moment...more

Skadden, Arps, Slate, Meagher & Flom LLP

The Potential Impact of Terrorism Lawsuits Under the Antiterrorism Act on Ordinary Corporate, Banking and Sovereign Enterprises

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In the last 30 years, the U.S. Congress has enacted several laws enabling victims of terrorism to seek damages in U.S. federal courts. The central piece of legislation in this regard, the Antiterrorism Act of 1990 (ATA), has...more

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