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Archives

  • Class Actions And Federal Jurisdiction—Effect of Unaccepted Offers of Judgment on Mootness

    Campbell-Ewald Company v. Gomez, No. 14-857 Article III of the Constitution limits the jurisdiction of federal courts to “cases” and “controversies.” As the Supreme Court recently explained in Genesis HealthCare Corp. v. Symczyk, 133 S. Ct. 1523 (2013), a lawsuit does not present an Article III case or controversy and “must be dismissed as moot” […]

  • Federal Arbitration Act—Preemption of State Law

    DIRECTV, Inc. v. Imburgia, No. 14-462 In AT&T Mobility LLC v. Concepcion, 131 S. Ct. 1740 (2011), the Supreme Court held that the Federal Arbitration Act (“FAA”) preempts state-law rules barring enforcement of an arbitration agreement if the agreement does not permit the parties to utilize class procedures in arbitration or in court. Before Concepcion, […]

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

    Michigan v. EPA, No. 14-46, Utility Air Regulatory Group v. EPA, No. 14-47, and National Mining Association v. EPA, No. 14-49 (previously described in the November 25, 2014, Docket Report) 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 […]

  • 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 […]

  • 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 […]

  • 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 […]

  • Patent Act—Availability of Royalties after Expiration of the Patent

    Kimble v. Marvel Entertainment, LLC., No. 13-720 (previously described in the December 15, 2014, Docket Report) Under the Patent Act, a patent typically expires twenty years after its application date. See 35 U.S.C. § 154(a)(2). In Brulotte v. Thys Co., 379 U.S. 29 (1964), the Supreme Court held that a licensing arrangement as to a patent […]

  • Takings Clause—Price-Stabilization Reserve Requirements

    Horne v. Department of Agriculture, No. 14-275 (previously described in the January 20, 2015, Docket Report) Today, the Supreme Court issued a decision in Horne v. Department of Agriculture, No. 14-275, holding that the Department of Agriculture’s program for stabilizing raisin prices resulted in a per se taking of the petitioner raisin handlers’ property. Under […]

  • Bankruptcy Code—Professional Fees

    Baker Botts L.L.P. v. ASARCO LLC, No. 14-103 (previously described in the October 2, 2014, Docket Report) Section 330(a) of the Bankruptcy Code grants discretion to bankruptcy judges to award “reasonable compensation for actual, necessary services rendered” by an attorney or other professional employed by the estate. 11 U.S.C. § 330(a)(1). In order to receive compensation, […]

  • 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 […]

  • Employment Discrimination—Reasonable Accommodation of Religious Observance or Practice

    Equal Employment Opportunity Commission v. Abercrombie & Fitch Stores, Inc., No. 14-86 (previously described in the October 2, 2014, Docket Report) Title VII of the Civil Rights Act of 1964 makes it an unlawful employment practice for an employer to discharge or refuse to hire an individual because of the individual’s religious observance or practice […]

  • 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 […]

  • 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 […]

  • Patent Act—Induced Infringement—Defense of Good-Faith Belief of Invalidity

    Commil USA, LLC v. Cisco Systems, Inc., No. 13-896 (previously described in the December 5, 2014, Docket Report) 35 U.S.C. § 271(b) imposes liability on anyone who “actively induces infringement of a patent.” In 2011, the Supreme Court held that Section 271(b) requires actual “knowledge that the induced acts constitute patent infringement.” Global-Tech Appliances, Inc. v. SEB […]

  • Bankruptcy Code—Disposition of Funds Held By Chapter 13 Trustee After Conversion to Chapter 7

    Harris v. Viegelahn, No. 14-400 (previously described in the December 15, 2014, Docket Report) Chapter 13 of the Bankruptcy Code allows debtors to keep certain assets (such as their home and car) and to repay their creditors in installments by turning over to a trustee a portion of the wages that they earn after filing […]

  • ERISA—Statute of Limitations and the Duty to Monitor

    Tibble v. Edison Int’l, No. 13–550 (previously described in the October 2, 2014, Docket Report) The Employee Retirement Income Security Act (ERISA) imposes personal liability on fiduciaries who fail to discharge their duty of prudence. Today, in Tibble v. Edison Int’l, the Supreme Court held that—despite ERISA’s six-year limitations period—fiduciaries remain on the hook to […]

  • 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 […]

  • 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 […]

  • Natural Gas Act—Federal Preemption Of State-Law Antitrust Claims

    OneOK, Inc. v. Learjet, Inc., No. 13–271 The Natural Gas Act, 15 U.S.C. § 717 et seq., grants the Federal Energy Regulatory Commission exclusive authority to regulate certain segments of the natural-gas market. The statute draws a line between different kinds of natural-gas sales: FERC has exclusive authority to regulate wholesale sales of natural gas, but […]

  • Medicaid—Private Right of Action—Supremacy Clause

    Armstrong v. Exceptional Child Center, Inc., No. 14-15 (previously described in the October 2, 2014, Docket Report) Section 30(A) of the Medicaid Act requires that state Medicaid plans contain procedures to ensure that reimbursement rates for healthcare providers “are consistent with efficiency, economy, and quality of care and are sufficient to enlist enough providers” to […]