News & Analysis as of

Supreme Court of the United States › Vacated

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 -
McCarter & English, LLP

SCOTUS Limits Sentencing for Supervised Release Violations to Rehabilitation

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In a 7-2 decision, the United States Supreme Court has limited the factors a district court can consider when sentencing a defendant for a revocation of supervised release. The Supreme Court held that district courts cannot...more

Jackson Lewis P.C.

How a Texas Federal District Court Changed the HIPAA Reproductive Health Privacy Rule, But SCOTUS Decision May Say Not So Fast

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Explained in more detail below, under the recent vacatur of most of the HIPAA Privacy Rule to Support Reproductive Health Care Privacy (the “Reproductive Health Rule”): • The broad prohibitions on disclosing protected...more

Epstein Becker & Green

Upholding State Exclusion of Planned Parenthood from Medicaid, and Three Other Split Decisions - SCOTUS Today

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The U.S. Supreme Court decision yesterday that likely will get the most attention is Medina v. Planned Parenthood South Atlantic, in which a 6–3 Court that lined up according to the conservative vs. liberal stereotype, held...more

Venable LLP

Setting the Circuit Straight: The Scope of the FTCA's Law Enforcement Proviso after Martin v. U.S.

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"Wrong-house" raids by law enforcement can cause terror and physical injury, significant property damage, and potentially innocent civilian deaths. Suits for damages almost always follow....more

Moore & Van Allen PLLC

Course Correction: U.S. Supreme Court Removed Roadblock for Railroad Construction Project, Requiring Substantial Deference to...

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A "Course Correction" of NEPA Review - In an 8-0 judgment, the U.S. Supreme Court recently struck down the D.C. Circuit Court of Appeals decision that had vacated the U.S. Surface Transportation Board’s (the “Board”)...more

Husch Blackwell LLP

Supreme Court Rejects "Moment-of-Threat" Rule in Section 1983 Excessive Force Suit

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In Barnes v. Felix, the U.S. Supreme Court unanimously held that courts evaluating Fourth Amendment excessive-force claims in Section 1983 lawsuits against law enforcement officers must consider the “totality of the...more

Epstein Becker & Green

Justices Reject “Moment of Threat” Rule in Police Shooting Case - SCOTUS Today

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The most anticipated event at the U.S. Supreme Court today was the oral argument in the birthright citizenship case....more

CDF Labor Law LLP

Bouncing Back and Forth: Wilcox’s NLRB Status Tilts Once More

CDF Labor Law LLP on

NLRB member Gwynne A. Wilcox’s status with the National Labor Relations Board (“NLRB” or “Board”) continues to move back and forth faster than a pinball on tilt....more

Jones Day

Affiliates (Currently) Off the Hook: Supreme Court Vacates $43M Trademark Infringement Award

Jones Day on

The Supreme Court vacates a decision treating a company and its affiliates as "one and the same" for purposes of disgorging profits for trademark infringement under the Lanham Act, but leaves many questions unaddressed....more

Fox Rothschild LLP

The U.S. Supreme Court Unanimously Rules That Successful Trademark Plaintiffs Cannot Recover Profits From Named Defendants’...

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On February 26, 2025, the U.S. Supreme Court unanimously vacated a nearly $43 million award in a trademark dispute that raised the question of whether a defendant’s affiliates could be held liable for payment of a disgorged...more

McGuireWoods LLP

Texas Court Vacates Nationwide Injunction Staying the CTA, Deadline to Report Beneficial Ownership Information is March 21, 2025

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In our last update, we reported that despite the Supreme Court staying the nationwide injunction against FinCEN’s enforcement of the CTA in one Texas case, a nationwide stay of the Reporting Rule granted by a federal judge in...more

Shipman & Goodwin LLP

Corporate Transparency Act - The Gift that Keeps on Giving - Government Appeals to the U.S. Supreme Court to Eliminate Nationwide...

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Not content to have an expedited hearing in March on the merits of the case at the Fifth Circuit Court of Appeals regarding the constitutionality of the Corporate Transparency Act (CTA), the Government filed an application...more

Willcox & Savage

The Corporate Transparency Act – Current Status and State of Play as of New Year’s Day 2025

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December 2024 gave businesses and practitioners whiplash trying to follow the bouncing ball about whether the Corporate Transparency Act was enforceable or unconstitutional. This article summarizes the events of the past...more

Husch Blackwell LLP

Nationwide Injunction Halts Enforcement of the Corporate Transparency Act - UPDATED 1/2/2025

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As of the posting of this article, reporting companies nationwide do not need to comply with the Corporate Transparency Act’s (CTA) revised beneficial owner information (BOI) reporting deadlines. The Fifth Circuit will...more

Rivkin Radler LLP

The Status of the Corporate Transparency Act – It’s Not Clear

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Few would argue that the federal government does not have a legitimate interest in preventing, detecting, and punishing tax fraud, money laundering, and other financial crimes. Likewise, I imagine few would disagree with the...more

Snell & Wilmer

Crude Oil & Agency Review: SCOTUS Weighs NEPA Environmental Studies Requirements

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2024 was a year defined by change in the world of administrative law. With the U.S. Supreme Court’s review of the National Environmental Policy Act (NEPA) in Seven County Infrastructure Coalition v. Eagle County, the nation’s...more

Proskauer - Labor Relations Update

Supreme Court Remands NLRB Successor Bar Case, Signaling Potential Changes to Board Deference Doctrine

Proskauer - Labor Relations Update on

On December 16, 2024, the U.S. Supreme Court vacated a D.C. Circuit opinion in Hosp. Menonita de Guayama, Inc. v. Nat’l Lab. Rels. Bd., 94 F.4th 1 (D.C. Cir. 2024) that upheld a decision by the National Labor Relations Board...more

Schwabe, Williamson & Wyatt PC

Latest Federal Court Cases - October 2024

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Crocs, Inc. v. Double Diamond Distribution, Ltd., Appeal No. 2022-2160 (Fed. Cir. Oct. 3, 2024) In our Case of the Week, the Federal Circuit examined whether a district court erred in dismissing false advertising claims...more

Davis Wright Tremaine LLP

District Court Vacates CFTC Prohibition on Trading "Congressional Control Contracts" Predicting Election Results

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On September 6, 2024, the U.S. District Court for the District of Columbia ruled in favor of KalshiEx LLC ("KalshiEx"), lifting a September 2023 order issued by the Commodity Futures Trading Commission ("CFTC") prohibiting...more

Snell & Wilmer

D.C. Circuit Curbs Department of Transportation’s Pipeline Rules, Further Signaling an Everchanging Approach to the Administrative...

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Last week, the U.S. Court of Appeals for the District of Columbia Circuit vacated a series of regulations passed by the U.S. Department of Transportation’s Pipeline and Hazardous Materials Safety Administration (PHMSA). The...more

Proskauer - Health Care Law Brief

No Surprises Here!  Fifth Circuit Upholds Health Care Provider Challenge to No Surprises Act Regulations

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In a recent win for health care providers, the United States Court of Appeals for the Fifth Circuit has affirmed a lower court’s decision to vacate key portions of regulations issued by the U.S. Departments of Treasury,...more

Nossaman LLP

Relying on Loper, Fifth Circuit Sends Chevron-based decision Back to District Court, calling ESG Rule into Question

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On July 18, the U.S. Court of Appeals for the Fifth Circuit (“Fifth Circuit”) vacated a decision by the U.S. District Court for the Northern District of Texas (“District Court”) that upheld the U.S. Department of Labor’s...more

ArentFox Schiff

Fifth Circuit Vacates SEC Private Fund Advisers Rule

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On June 5, the US Court of Appeals for the Fifth Circuit vacated a US Securities and Exchange Commission (SEC) Rule designed to provide investors in private funds — such as private equity, private credit, hedge funds, venture...more

Bradley Arant Boult Cummings LLP

Get with the Pronoun: Eleventh Circuit Rules Pervasive Misgendering Is Harassment

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If an employer or coworker persistently uses a transgender worker’s wrong name or identified pronoun, can that constitute a hostile work environment in violation of Title VII? In Copeland v. Georgia Department of Corrections,...more

Jenner & Block

Client Alert: Supreme Court Clarifies that Pure Omissions Under Item 303 of Reg. S-K Are Not Actionable Under Rule 10b–5(b)

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On April 12, 2024, in Macquarie Infrastructure Corp. v. Moab Partners, L.P., the US Supreme Court held that a company’s mere failure to disclose information required by management’s discussion and analysis (Item 303 of SEC...more

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