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Archives

  • Copyright Act—Availability of Attorney’s Fees to a Prevailing Party

    Kirtsaeng v. John Wiley & Sons, Inc., No. 15-375 The Copyright Act provides that a “court may . . . award a reasonable attorney’s fee to the prevailing party” in a copyright case. 17 U.S.C. § 505. Today the Supreme Court granted certiorari to determine the standard for awarding such fees. In Kirtsaeng v. John […]

  • Class Actions—Appellate Jurisdiction to Review Denial of Class Certification After Stipulated Dismissal

    Microsoft Corp. v. Baker, No. 15-457 The Supreme Court has granted review in this case to decide whether the named plaintiffs’ stipulated dismissal of their individual claims with prejudice after the denial of class certification creates appellate jurisdiction to review the class certification question. Plaintiffs filed a putative class action against Microsoft claiming defects in […]

  • Patent Act—Inter Partes Review of Patent Validity

    Cuozzo Speed Techs., LLC v. Lee, No. 15-446 In 2011, Congress enacted the Leahy-Smith America Invents Act, which created a new adjudicatory process for challenges to the validity of patents. Under the new process, a person other than the patent owner may petition the Patent Trial and Appeal Board of the Patent Trademark Office (the […]

  • Administrative Procedure Act – Finality of Approved Jurisdictional Determinations Over Wetlands and Bodies of Water

    United States Army Corps of Engineers v. Hawkes Co., Inc., No. 15-290 The Administrative Procedure Act permits judicial review of a “final agency action for which there is no other adequate remedy in a court.” Landowners may ask the Army Corps of Engineers to issue an “approved jurisdictional determination” whether the Corps has regulatory jurisdiction […]

  • False Claims Act—Implied Certification

    Universal Health Services, Inc. v. Escobar, No. 15-7 The False Claims Act makes it unlawful for a contractor to present a “false or fraudulent claim” for reimbursement by the federal government. The Circuits are divided over whether the False Claims Act encompasses claims that a contractor “impliedly certified” its compliance with certain statutory or regulatory […]

  • Chapter 9 Bankruptcy—Preemption of Puerto Rico Recovery Act

    Puerto Rico v. Franklin CA Tax-Free Trust, No. 15-233 Acosta-Febo v. Franklin CA Tax-Free Trust, No. 15-255 The fifty United States may restructure the debts of their public utilities under Chapter 9 of the Bankruptcy Code. The Commonwealth of Puerto Rico, however, is excluded from restructuring its public utilities’ debts under Chapter 9. Facing a […]

  • Title VII—Award of Attorney’s Fees to Prevailing Defendant

    CRST Van Expedited, Inc. v. EEOC, No. 14-1375 Title VII of the Civil Rights Act of 1964 provides for an award of attorney’s fees and costs to prevailing parties. In Christiansburg Garment Co. v. EEOC, the Supreme Court held that prevailing defendants in a Title VII suit are entitled to an award of fees if […]

  • Federal Tort Claims Act—Preclusive Effect of a Prior Judgment

    Simmons v. Himmelreich, No. 15-109 In February 2010, a federal prisoner brought an action in federal court against the United States pursuant to the Federal Tort Claims Act (“FTCA”) for torts arising out of an alleged assault by a fellow inmate. Later that year, the prisoner brought a Bivens action against two prison employees in […]

  • Bankruptcy—The “Actual Fraud” Bar

    Husky International Electronics, Inc. v. Ritz, No. 15-145 Under Section 523(a)(2)(A) of the Bankruptcy Code, a debt for money obtained by “actual fraud” cannot be discharged through bankruptcy. The Supreme Court has granted certiorari to address the scope of that provision. Ritz, the owner of a manufacturing corporation, purchased goods from Husky International, a supplier, […]

  • Religious Freedom Restoration Act—Challenge to Contraception Rule

    Zubik v. Burwell, No. 14-1418 Priests for Life v. HHS, No. 14-1453 Roman Catholic Archbishop v. Burwell, No. 14-1505 E. Tex. Baptist Univ. v. Burwell, No. 15-35 Little Sisters v. Burwell, No. 15-105 S. Nazarene Univ. v. Burwell, No. 15-119 Geneva College v. Burwell, No. 15-191 Under the Affordable Care Act, employers must provide coverage […]

  • Federal Power Act—Preemption

    Hughes v. PPL Energyplus, No. 14-614 CPV Maryland v. PPL Energyplus, No. 14-623 The Federal Power Act splits authority among states, utilities, and the Federal Energy Regulatory Commission (FERC). States regulate generation facilities and retail rates, while FERC has exclusive jurisdiction over regulation of wholesale rates. Maryland entered into an agreement with CPV Maryland LLC […]

  • Patents—Enhanced Damages for Willful Patent Infringement

    Halo Electronics, Inc. v. Pulse Electronics, Inc., No. 14-1513 Stryker Corp. v. Zimmer, Inc., No. 14-1520 Upon a finding of willful patent infringement, the Patent Act gives a court discretion to increase damages to up to three times the amount found by the jury or assessed by the court. To assess a damages multiplier, the […]

  • Administrative Law—Alaska National Interest Lands Conservation Act

    Sturgeon v. Masica, No. 14-1209 The National Park Service promulgated regulations prohibiting the operation or use of hovercraft within all national parks. But the Alaska National Interest Lands Conservation Act (ANILCA) limits the applicability of national park regulations in Alaska for land that is not federally owned. A lawsuit was filed to challenge the enforcement […]

  • Racketeer Influenced and Corrupt Organizations Act—Extraterritorial Applicability

    RJR Nabisco, Inc. v. The European Community, No. 15-138 The European Community, now known as the European Union, filed suit against RJR Nabisco Inc. under RICO, alleging a worldwide money-laundering scheme, with overt acts taking place overseas. The Supreme Court granted certiorari to decide whether and to what extent RICO applies to extraterritorial conduct and […]

  • Separation of Powers—Single-Case Exceptions to Generally Applicable Laws

    Bank Markazi v. Peterson, No. 14-770 In 2010, plaintiffs holding billions of dollars in default judgments against the Iranian government sought to enforce those judgments against $2.5 billion of assets at a New York bank that were related to foreign currency reserves held by Bank Markazi, the Iranian central bank, in Europe. Under the Uniform […]

  • Federal Jurisdiction—State of Citizenship for a Trust

    Americold Logistics, LLC v. ConAgra Foods, Inc., No. 14-1382 Federal courts have diversity jurisdiction only when the plaintiffs and defendants are completely diverse. In many circumstances, identifying the citizenship of the parties is straightforward. But the lower courts are divided as to how to identify the citizenship of a trust. Some courts look to the […]

  • Arbitration—Preemption Under Federal Arbitration Act

    MHN Government Services, Inc. v. Zaborowski, No. 14-1458 Two consultants working with certain military contractors signed agreements requiring them to arbitrate any disputes arising out of their contracts. When the consultants subsequently brought a class-action lawsuit against the contractors, the contractors moved to compel arbitration. The district court found certain portions of the arbitration agreement […]

  • First Amendment and Collective Bargaining—Validity of Agency-Shop Arrangements

    In Abood v. Detroit Board of Education, 431 U.S. 209 (1977), the Supreme Court held that the First Amendment does not prohibit “agency shop” arrangements under which state employees who decline to join a public-sector union are required to pay an agency fee to support union work that is related to the collective-bargaining process. In […]

  • Statutes of Limitations—Equitable Tolling

    The Supreme Court granted certiorari today in Menominee Indian Tribe of Wisconsin v. United States, No. 14-510, which concerns the proper standard for federal courts to apply when deciding whether to “equitably toll” a statute of limitations. The Court’s decision in this case will be important because it will affect claims brought under countless federal […]

  • Securities Exchange Act of 1934—Scope of Federal Jurisdiction

    Section 27 of the Securities Exchange Act of 1934 (the “Act”) provides that federal courts “shall have exclusive jurisdiction” over “violations of [the Act] or the rules and regulations thereunder, and of all suits in equity and actions at law brought to enforce any liability or duty created by [the Act] or the rules and […]