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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 […]
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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 […]
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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 […]
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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 […]
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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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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. […]
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Leading with Experience
Featured Fact Members of Mayer Brown’s Supreme Court practice have argued more than 250 cases in the Supreme Court.
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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 […]
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Outlining all federal and state appellate cases Mayer Brown has been involved in. Please select on a Federal Circuit Court region to begin.
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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 […]
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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 […]
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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 […]
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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 […]
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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. […]
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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 […]
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