74 Results found for “cases”
  • “Domestic takings” Rule Bars Suit Against Foreign Nations in U.S. Court

    Federal Republic of Germany v. Philipp, No. 19-351; Republic of Hungary v. Simon, No. 18-1447 Introduction: Today, the Supreme Court held in a unanimous decision that the “domestic takings” rule bars suits against foreign governments for the unlawful taking of property from people who were nationals of the confiscating country at the time of the […]

  • Supreme Court Rules That Title VII Prohibits Employers from Discriminating Against Employees on the Basis of Sexual Orientation or Transgender Status

    Bostock v. Clayton County, Georgia (No. 17-1618); Altitude Express Inc. v. Zarda (No. 17-1623); R.G. & G.R. Harris Funeral Homes Inc. v. Equal Employment Opportunity Commission (No. 18-107) Title VII of the Civil Rights Act of 1964 makes it “unlawful . . . for an employer . . . to discriminate against any individual . . . because […]

  • Supreme Court Holds That Partisan Gerrymanders are Unreviewable Under the Political Question Doctrine

    Rucho v. Common Cause, No. 18-422 Lamone v. Benisek, No. 18-726 Today, the Supreme Court, by a vote of 5-4, held in two consolidated cases that challenges to partisan gerrymanders present political questions that are not subject to review in federal court. Background: Both cases involved challenges to extreme partisan gerrymanders. In Rucho, Republican legislators […]

  • Supreme Court Rules That Punitive Damages Are Unavailable In Connection With Unseaworthiness Claims

    Dutra Group v. Batterton, No. 18-266 Today, the Supreme Court held, by a 6-3 vote, that injured seamen may not recover punitive damages in connection with a claim that the vessel on which they were injured was unseaworthy. Background: Seamen who have been injured while working on a vessel may pursue two overlapping, but not entirely […]

  • Supreme Court Holds That Only Certain Costs May Be Recovered In Copyright Lawsuits

    Rimini Street Inc. v. Oracle USA Inc., No. 17-1625 Today, the Supreme Court unanimously held that Section 505 of the Copyright Act, which allows prevailing copyright litigants to recover their “full costs,” does not authorize recovery of costs beyond those specified in 28 U.S.C. § 1920, the general statute authorizing district courts to award “taxable” […]

  • Admiralty Law—Product Liability

    Air & Liquid Systems Corp. v. DeVries, No. 17-1104 Lower courts are divided on the circumstances in which a defendant can be liable on product liability claims for cases that arise under the jurisdiction of federal admiralty law. Some courts have applied a bright-line rule that defendants can be liable only if they made, supplied, […]

  • Patent Law—Damages For Profits Lost Abroad

    WesternGeco LLC v. ION Geophysical Corp., No. 16-1011 A party commits patent infringement if it supplies “components of a patented invention” “from the United States,” knowing or intending that the components will be combined “outside of the United States” in a manner that “would infringe the patent if such combination occurred within the United States.” […]

  • Securities Law—State Court Jurisdiction Over “Covered Class Actions”

    Cyan, Inc. v. Beaver County Employees Retirement Fund, No. 15-1439 Congress enacted the Securities Litigation Uniform Standards Act of 1998 (SLUSA) to prevent certain State private securities class action lawsuits alleging fraud from being used to frustrate the objectives of the Private Securities Litigation Reform Act. Among SLUSA’s reforms was a provision authorizing the removal […]

  • Trademarks—First Amendment

    Matal v. Tam The Lanham Act prohibits the registration of trademarks that “disparage … or bring … into contemp[t] or disrepute” any “persons, living or dead.” The Federal Circuit held this provision facially unconstitutional pursuant to the First Amendment’s Free Speech Clause. Today, in a splintered set of opinions that all agreed with the ultimate […]

  • Class Actions—Appellate Jurisdiction

    Microsoft Corp. v. Baker, No. 15-457 When a federal district court grants or denies class certification, Federal Rule of Civil Procedure 23(f) allows the losing party to ask the court of appeals for permission to appeal immediately.  Otherwise, the parties must litigate the case to a final judgment—the named plaintiffs’ individual claims if certification has been […]

  • Federal Employer’s Liability Act—Personal Jurisdiction

    BNSF R. Co. v. Tyrrell, No. 16-405 A defendant may be sued only in jurisdictions that have “personal jurisdiction” over the defendant. The scope of personal jurisdiction is important because it limits a plaintiff’s ability to engage in forum shopping. This Term, the Supreme Court is considering two important personal-jurisdiction cases, BNSF R. Co. v. […]

  • Patent Act—Venue

    TC Heartland LLC v. Kraft Food Brands Group LLC, No. 16-341 The patent venue statute, 28 U.S.C. § 1400(b), permits a patent infringement action to be brought “in the judicial district where the defendant resides, or where the defendant has committed acts of infringement and has a regular and established place of business.”  Although the […]

  • Foreign Sovereign Immunities Act—Pleading Standards

    Venezuela v. Helmerich & Payne Int’l Drilling Co., No. 15-423 Although foreign sovereigns are generally immune from defending themselves in U.S. federal and state courts, their immunity is subject to certain exceptions.  Under the expropriation exception, foreign sovereigns are subject to jurisdiction in cases involving rights in property taken in violation of international law.  Today, […]

  • Patent Act—Laches Defense

    SCA Hygiene Products Aktiebolag v. First Quality Baby Products, LLC, No. 15-927 The equitable defense of laches bars a plaintiff’s claim if the plaintiff has unreasonably delayed filing suit to the prejudice of the defendant.  In Petrella v. Metro-Goldwyn-Mayer, Inc., the Supreme Court ruled that no such defense was available in a copyright action.  Today, […]

  • Leading with Experience

    Featured Fact In OT2018, Mayer Brown argued eight cases before the Supreme Court.

  • Personal Jurisdiction—Constitutional Limits of General Jurisdiction

    BNSF Railway Co. v. Tyrrell, No. 16-405 Under the Supreme Court’s ruling in Daimler AG v. Bauman, 134 S. Ct. 746 (2014), a state court may only exercise general personal jurisdiction over a defendant that is “at home” in the forum state. In a case arising under the Federal Employers’ Liability Act, the Supreme Court […]

  • National Labor Relations Act—Enforceability of Arbitration Clauses

    Epic Systems Corp. v. Lewis, No. 16-285 Ernst & Young LLP v. Morris, No. 16-300 National Labor Relations Board v. Murphy Oil USA, Inc., No. 16-307 The collective bargaining provisions of the National Labor Relations Act (NLRA) give employees the right to “engage in . . . concerted activities for the purpose of collective bargaining or other […]

  • Patent Act—Venue

    TC Heartland LLC v. Kraft Food Brands Group LLC, No. 16-341 The Supreme Court today agreed to resolve a dispute regarding venue in patent cases. The patent venue statute, 28 U.S.C. § 1400(b), provides that a patent infringement action “may be brought in the judicial district where the defendant resides.” In Fourco Glass Co. v. […]

  • False Claims Act—Seal Requirement

    State Farm Fire & Casualty Co. v. United States ex rel. Rigsby, No. 15-513 The False Claims Act requires a qui tam relator—a private party authorized to seek recovery from those who make false claims on the federal government—to file his or her complaint under seal. The Supreme Court granted certiorari to decide what the […]

  • ERISA—Church Plans

    Advocate Health Care Network v. Stapleton, No. 16-74 St. Peter’s Healthcare System v. Kaplan, No. 16-86 Dignity Health v. Rollins, No. 16-258 The Employee Retirement Income Security Act of 1974 (“ERISA”) governs employers that offer pension and other benefits to their employees. However, “church plans” are exempt from ERISA. The United States Courts of Appeals […]