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25 Results found for “cases”
  • Cases & Experience

  • Federal Appellate Jurisdiction—Finality Of Order Dismissing One Among Many Consolidated Cases

    Gelboim v. Bank of America Corp., No. 13-1174 (described in the June 30, 2014, Docket Report) Under 28 U.S.C. § 1291, the federal courts of appeals have jurisdiction over “final decisions of the district courts.” Today, the Supreme Court unanimously held that complaints that have been consolidated for purposes of multidistrict litigation (“MDL”) pretrial proceedings “retain[] […]

  • Cases of Interest to the Business Community

    In recent weeks, the Supreme Court has also invited the Solicitor General to file briefs expressing the views of the United States in the following cases of interest to the business community: Google Inc. v. Oracle America, Inc., No. 14-410: The question presented is whether copyright protection extends to all elements of an original work […]

  • Cases of Interest to the Business Community

    In recent weeks, the Supreme Court has also invited the Solicitor General to file briefs expressing the views of the United States in five cases of interest to the business community: Spokeo, Inc. v. Robins, No. 13-1339: The question presented is whether Congress may confer Article III standing upon a plaintiff who suffers no concrete […]

  • Bankruptcy Code—Appealability of Order Denying Confirmation of Plan

    Bullard v. Blue Hills Bank, No. 14–116 (previously described in the December 15, 2014, Docket Report) Under 28 U.S.C. § 158(d)(1), litigants in bankruptcy cases may appeal “final decisions, judgments, orders, and decrees” of district courts and bankruptcy appellate panels. Today, the Supreme Court decided in Bullard v. Blue Hills Bank, No. 14-116, that an order […]

  • Due Process and Equal Protection—Right of Same-Sex Couples To Marry

    Obergefell v. Hodges, No. 14-556 (previously described in the January 20, 2015, Docket Report) Two years ago, in United States v. Windsor, No. 12-307, the United States Supreme Court invalidated Section 3 of the federal Defense of Marriage Act, which provided that federal law did not recognize the marriages of same-sex couples. The Court held […]

  • Class Actions And Collective Actions—Class-Certification Standards

    Under Rule 23 of the Federal Rules of Civil Procedure, a court may not certify a damages lawsuit as a class action unless “there are questions of law or fact common to the class” that “predominate over any questions affecting only individual members.” The Fair Labor Standards Act (FLSA) imposes similar certification requirements on collective […]

  • False Claims Act—Wartime Suspension Of Limitations And “First To File” Rule

    Kellogg Brown & Root Services, Inc., et al. v. United States ex rel. Carter, No. 12-1497 (previously described in the July 1, 2014, Docket Report) Government contractors and health-care companies have become increasingly concerned about the application of the Wartime Suspension of Limitations Act (“WSLA”), 18 U.S.C. § 3287, and the Department of Justice’s and […]

  • Federal Jurisdiction—Class Action Fairness Act—Sufficiency of Jurisdictional Allegations in Removal Notice

    Dart Cherokee Basin Operating Co. v. Owens, No. 13-719, (described in the April 7, 2014, Docket Report) To remove a civil action from state court to federal court, the defendant must “file … a notice of removal … containing a short and plain statement of the grounds for removal.” 28 U.S.C. § 1446(a). Under the Class Action Fairness Act of 2005 […]

  • Clean Air Act—EPA’s Consideration of Costs in Decision to Regulate the Emission of Hazardous Air Pollutants by Power Plants

    Section 112 of the Clean Air Act, as amended by the Clean Air Act Amendments of 1990 (42 U.S.C. § 7412), requires the Environmental Protection Agency to list major sources of hazardous air pollutants and then to promulgate emission standards for those sources. Within this framework, Congress carved out a listing analysis that applies only to […]

  • Fair Housing Act—Disparate-Impact Claims

    Texas Department of Housing and Community Affairs v. Inclusive Communities Project, Inc., No. 13-1371 Claims of discrimination based on race, sex, or other protected characteristics may rest on a claim of disparate treatment, which requires proof that the defendant had a discriminatory purpose or motive; or of disparate impact, which requires proof that a facially […]

  • Bankruptcy—Voidability Of Underwater Mortgage Liens

    Section 506(a) of the Bankruptcy Code provides that a creditor’s claim is a “secured claim to the extent of the value of such creditor’s interest in the estate’s interest in such property”—that is, it is a secured claim for an amount equal to the present value of the collateral—and is an “unsecured claim” for the […]

  • Bankruptcy—Powers Of Bankruptcy Courts

    Wellness International Network, Ltd. v. Sharif, No. 13-935 (previously described in the July 1, 2014, Docket Report) The Supreme Court held in Stern v. Marshall, 131 S. Ct. 2594, 2620 (2011), that bankruptcy courts “lack[] the constitutional authority to enter a final judgment on a state law counterclaim that is not resolved in the process […]

  • Justiciability—Mootness—Effect of Offer of Judgment Prior To Class Certification

    Article III of the Constitution limits the jurisdiction of the federal courts to “cases” and “controversies.” The Supreme Court has held that “‘an actual controversy … be extant at all stages of review, not merely at the time the complaint is filed.’” Arizonans for Official English v. Arizona, 520 U.S. 43, 67 (1997). Accordingly, “[i]f […]

  • Fourteenth Amendment—Right to Recognition of Marriages of Same-Sex Couples Under State Law

    In United States v. Windsor, 133 S. Ct. 2675 (2013), the Supreme Court invalidated federal laws and regulations to the extent that they denied benefits to same-sex couples who were married in any of the thirty-six states that now permit same-sex couples to marry. On Friday, the Supreme Court granted certiorari in four consolidated cases […]

  • Bankruptcy Code—Appealability of Order Denying Confirmation of Plan

    Under 28 U.S.C. § 158(d)(1), litigants in bankruptcy cases may appeal “final decisions, judgments, orders, and decrees” of district courts and bankruptcy appellate panels. Last Friday, at the urging of both petitioner and respondent, the Supreme Court granted certiorari in Bullard v. Hyde Park Savings Bank, No. 14-116, to decide whether an order denying confirmation […]

  • Affordable Care Act—Availability of Tax Credits

    King v. Burwell, No. 14-114 (previously described in the November 7, 2014, Docket Report) The Patient Protection and Affordable Care Act (ACA) created statewide health insurance exchanges. Individuals who don’t have employer-provided insurance are now generally required to obtain qualifying health insurance coverage or to pay a tax penalty. Low-income individuals who do not qualify for […]

  • Federal Power Act—Federal Regulation of Demand Response in the Wholesale Energy Market

    The Federal Power Act grants the Federal Energy Regulatory Commission exclusive jurisdiction over “the sale of electric energy at wholesale in interstate commerce.” 16 U.S.C. § 824(b)(1). FERC may regulate any “rule, regulation, practice, or contract affecting [a wholesale] rate.” Id. § 824e(a). But only states may regulate “any other sale of electric energy”—namely retail sales to […]

  • Title VII—Affirmative Defenses—EEOC Conciliation Requirement

    Mach Mining, LLC v. Equal Employment Opportunity Commission, No. 13–1019 Title VII of the Civil Rights Act of 1964 requires the Equal Employment Opportunity Commission to try to negotiate an end to an employer’s unlawful employment practices before suing the employer. See 42 U.S.C. § 2000e-5(b), (f). Title VII also requires that anything said or done […]

  • Federal Arbitration Act—Preemption of State Law

    Prior to the Supreme Court’s decision in AT&T Mobility LLC v. Concepcion, 131 S. Ct. 1740 (2011), the California Supreme Court (and a number of other state courts) had declared that waivers of class-wide arbitration were unenforceable as a matter of state law. But in Concepcion, the Supreme Court held that the Federal Arbitration Act […]

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