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14 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 […]

  • 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 […]

  • 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 […]

  • 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 […]

  • Administrative Procedure Act—Notice-And-Comment Requirements for Revisions to Agency Interpretations of Federal Regulations

    Perez v. Mortgage Bankers Association, No. 13-1041 The Administrative Procedure Act (“APA”) requires agencies to use notice-and-comment rulemaking when issuing regulations within their authority unless the regulations consist of “interpretative rules, general statements of policy, or rules of agency organization, procedure, or practice.” Despite that statutory requirement, the nation’s leading court on administrative law—the U.S. […]

  • Map page

    Outlining all federal and state appellate cases Mayer Brown has been involved in. Please select on a Federal Circuit Court region to begin.

  • Bankruptcy—Voidability Of Underwater Mortgage Liens

    Section 506 of the Bankruptcy Code addresses the extent to which a creditor’s claim based on a lien on the debtor’s property is secured. Section 506(a) provides in relevant part 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”—in […]

  • Civil Procedure—Service of Process

    Federal Rule of Civil Procedure 4(m) addresses the time limit for service of summonses in civil cases. It provides: “If a defendant is not served within 120 days after the complaint is filed, the court . . . must dismiss the action without prejudice against that defendant or order that service be made within a specified time. […]

  • Affordable Care Act—Availability of Tax Credits

    The Patient Protection and Affordable Care Act (ACA) created state-wide health insurance exchanges.  Individuals are now generally required to obtain qualifying health insurance coverage or to pay a tax penalty.  Low-income individuals who do not qualify for Medicaid are entitled to tax credits to subsidize the purchase of health insurance when they acquire that insurance […]