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New rules mean tighter deadlines, fewer words

The Supreme Court issued revisions to its rules today. The changes largely mirror the amendments proposed late last year, with one notable exception: Although the justices reduced the word limits for opening briefs on the merits, they left the existing word limits for reply briefs in place. Changes to two rules – Rules 14.1 and 15.2 – require the parties to a case before the Supreme Court to identify any lower-court cases that are directly related to the Supreme Court proceedings. This change, a...
Tags: Featured, Justice, Supreme Court, Law, Court, Kennedy, U S Court of Appeals, Anthony Kennedy, What's Happening Now


Relist Watch: The Muller Report

John Elwood reviews Monday’s relists. I normally try to have Relist Watch written up by Wednesday after the court issues its order list. Here it is late Thursday and I’m just getting it out. It’s not just that I’m lazy, though I am. It’s that I’ve been mulling over the five new relists, and what I think their prospects are for Supreme Court review. In fact, I’ve been mulling these cases so deeply that you could call today’s installment the “Muller Report.” I like the ring of it. I’ve also spent ...
Tags: Featured, Maryland, Supreme Court, Law, Congress, Washington, Oregon, San Francisco, Indiana, Dhs, United States, Nielsen, Illinois, Smith, Naacp, Ada


Argument analysis: Justices worry about extending California wage-and-hours laws to offshore drilling platforms

On Tuesday, the Supreme Court heard oral argument in Parker Drilling Management Service, Ltd. v. Newton, a case about whether workers employed on drilling platforms more than three miles off the coast of California are entitled to the protections of California’s more worker-friendly wage-and-hours law or whether a federal statute, the Outer Continental Shelf Lands Act, limits them to the benefits required by the Fair Labor Standards Act. The justices seemed intrigued (and occasionally frustrated...
Tags: Featured, Supreme Court, Law, Congress, California, United States, Ruth Bader Ginsburg, Newton, Paul Clement, Michael, Sonia Sotomayor, John Roberts, 9th Circuit, Interior, Roberts, Ginsburg


Argument preview: When must criminal intent be developed for an unlawful trespass to become a burglary?

Next Wednesday, April 24, the Supreme Court will consider its third Armed Career Criminal Act case of the term, and the second case involving the elements of burglary. Indeed, Quarles v. United States sounds a bit like the previous burglary case, United States v. Stitt. In Stitt, the court opened October Term 2018 with arguments about whether a “generic burglary” for purposes of the ACCA encompasses vehicles as well as structures; eight weeks later they unanimously ruled that it does. Next week,...
Tags: Texas, Featured, Minnesota, Supreme Court, Law, Congress, United States, Davis, Michigan, Taylor, U S Court of Appeals, 7th Circuit, ACCA, Quarles, Stitt, Diane Sykes


United States: U.S. Court Of Appeals Rejects Antitrust Challenge To AT&T-Time Warner Merger - Cahill Gordon & Reindel LLP

The Antitrust Division of the U.S. Department of Justice ("DOJ") lost its appellate court challenge to AT&T Inc.'s ("AT&T") acquisition of Time Warner.
Tags: News, Time Warner, United States, U S Court of Appeals, AT T Inc, U S Department of Justice DOJ, Cahill Gordon, Reindel LLP


United States: Parsonage Exclusion Found By Seventh Circuit To Be Constitutional - Proskauer Rose LLP

On March 15, 2019, the U.S. Court of Appeals for the Seventh Circuit held in Gaylor v. Mnuchin that the tax exemption for "ministers of the gospel" (defined below) under Section 107(2)
Tags: News, United States, U S Court of Appeals, Seventh Circuit, Mnuchin, Gaylor


High court seems likely to rule against California oil workers

By Jessica Gresko, The Associated Press The Supreme Court on Tuesday seemed inclined to rule against workers on oil drilling platforms off California who want to be paid for the off-work time they spend on the platform, including sleeping. The question for the high court has to do with the law that should apply in the case: federal law, which wouldn’t require drilling platform workers to be paid for non-working time spent at their work location, or the more generous California law, which would. ...
Tags: Supreme Court, California, Sport, Soccer, Ruth Bader Ginsburg, Newton, Santa Barbara, 9th Circuit, U S Court of Appeals, Samuel Alito, JESSICA GRESKO, Parker Drilling, Brian Newton, Associated Press The Supreme Court, Newton The Supreme Court, Parker Drilling Mgmt Services


April 16 Blu-ray, Digital and DVD Releases

April 16 Blu-ray, Digital and DVD Releases Welcome to ComingSoon.net’s April 16 Blu-ray, Digital HD and DVD column! As you can see, we’ve added a video player at the top highlighting this week’s releases, and you can find more detailed write-ups of different titles below! Click each highlighted title to purchase through Amazon! PB = PB || {}; PB.gptStandAlone = PB.gptStandAlone || {}; PB.gptAutoRefresh = PB.gptAutoRefresh || {'gptAds':[], 'gptStandAlo...
Tags: TV, Movies, Horror, Digital, Missouri, TV News, Justice League, Kate, William, Dvd, Ruth Bader Ginsburg, Patricia Arquette, Keanu Reeves, James Stewart, Paul Dano, Steven Universe


Argument preview: Must an unauthorized immigrant in possession of a firearm know he is in the country illegally?

When the federal government prosecutes someone not legally in the United States for possessing a firearm, must the government prove that the person actually knew he was not legally in the country? Or need the government merely prove that the person knew he possessed the firearm? The U.S. Supreme Court will puzzle over this classic, yet novel, statutory question of “mens rea,” or criminal intent, when it hears argument on April 23 in Rehaif v. United States. In August 2013, Hamid Mohamed Ahmed A...
Tags: Featured, Supreme Court, Law, Congress, Fbi, United States, United Arab Emirates, Melbourne, Armed Forces, U S Supreme Court, U S Court of Appeals, 11th Circuit, Florida Tech, Gorsuch, Melbourne Florida, Merits Cases


Argument preview: Administrative exhaustion is mandatory, but is it also jurisdictional?

On April 22, the Supreme Court will hear argument in Fort Bend County v. Davis, about the legal importance of an employment discrimination plaintiff’s failure to pursue a claim with the Equal Employment Opportunity Commission before going to court. While employed by Fort Bend County, plaintiff Lois Davis filed a complaint alleging that the county’s information-technology director had sexually harassed and assaulted her. The county investigated, and the director later resigned as a result. Howe...
Tags: Featured, Supreme Court, Law, Congress, Davis, EEOC, Equal Employment Opportunity Commission, U S Court of Appeals, Texas Workforce Commission, 5th Circuit, Lois Davis, Trans World Airlines, Merits Cases, Scott Dodson, Fort Bend County, Fort Bend


No new grants today

Before returning to the bench this morning, the justices issued orders from last week’s private conference. They did not add any new cases to their merits docket for next term, and they asked the U.S. solicitor general to weigh in on an appeal filed by Arkansas attorney general Leslie Rutledge. Rutledge has requested review of a ruling by the U.S. Court of Appeals for the 8th Circuit, which held that an Arkansas law regulating prescription-drug reimbursement practices is pre-empted by the federa...
Tags: Featured, Law, Oregon, Indiana, Arkansas, Howe, U S Court of Appeals, What's Happening Now, Leslie Rutledge Rutledge


Argument preview: Justices to consider meaning of “confidential” in Freedom of Information Act

The U.S. Department of Agriculture issues specialized debit cards to Supplemental Nutrition Assistance Program benefits recipients. Although the data that USDA gathers under SNAP are not quite so rich and revealing as those collected by private credit- and debit-card issuers, they do include commercial information about the retail grocery stores at which SNAP recipients purchase their groceries. The Argus Leader newspaper (based in Sioux Falls, South Dakota) requested this data under the Freed...
Tags: Featured, Supreme Court, Law, Congress, White House, Usda, National Parks, Foia, Morton, Antonin Scalia, U S Department of Agriculture, Supplemental Nutrition Assistance Program, D C Circuit, U S Chamber of Commerce, U S Court of Appeals, Clarence Thomas


Petitions of the week

This week we highlight petitions pending before the Supreme Court that address the applicability of the government edicts doctrine to works that lack the force of law, the scope of a corporate issuer’s duty to update under Securities and Exchange Commission Rule 10b-5(b), and the ability of a nonsignatory to an arbitration agreement to compel arbitration under the Convention on the Recognition and Enforcement of Foreign Arbitral Awards. The petitions of the week are: Hagan v. Khoja 18-1...
Tags: Supreme Court, Law, Georgia, Securities And Exchange Commission, U S Court of Appeals, Hagan, Goldstein Russell, Vinson Elkins LLP, Cases in the Pipeline, Khoja, Recognition and Enforcement, Securities and Exchange Commission Rule, Public Resource Org Inc, GE Energy Power Conversion France SAS, Outokumpu Stainless USA LLC


Argument preview: Searching for an accrual rule when the government fabricates evidence in a criminal proceeding

McDonough v. Smith, to be argued on April 17, offers the Supreme Court another opportunity to clarify when civil-rights claims accrue, when statutes of limitations begin running, and how to define the interaction between civil and criminal litigation for resolving constitutional claims. The claim here alleges fabrication of evidence in a criminal proceeding. Petitioner Edward McDonough was the Democratic Commissioner of the Rensselaer County (New York) Board of Elections. A 2009 investigation ...
Tags: New York, Featured, Supreme Court, Law, United States, Smith, U S Court of Appeals, Humphrey, Rodriguez, McDonough, 2nd Circuit, Merits Cases, Smith Smith, U S Courts of Appeals, Heck, Petitioner Edward McDonough


July hearing expected in Obama health care law case

WASHINGTON (AP) — A federal appeals court in New Orleans says it will hear arguments this summer on a lawsuit backed by President Donald Trump to overturn former President Barack Obama’s health insurance law. An order Wednesday from Judge Leslie Southwick says the U.S. Court of Appeals for the 5th Circuit agreed to a request […]
Tags: Health, News, Obama, Washington, Barack Obama, Ap, Nation, New Orleans, Donald Trump, U S Court of Appeals, 5th Circuit, Leslie Southwick


Argument preview: The interplay of state and federal law on the outer continental shelf

On April 16, the Supreme Court will hear argument in a case that raises familiar questions of federalism and statutory interpretation as applied in an unusual setting, to a platform anchored to the seabed more than three miles off the California coast. More specifically, Parker Drilling Management Service, Ltd. V. Newton requires the court to parse the Outer Continental Shelf Lands Act to determine whether California wage-and-hour law pertains to workers employed on such platforms. Understandi...
Tags: Featured, Supreme Court, Law, Congress, California, United States, Gulf of Mexico, Newton, State, U S Court of Appeals, FLSA, Warren Christopher, Merits Cases, Parker Drilling, Brian Newton, Parker Drilling Management Service Ltd


United States: Eleventh Circuit Clarifies Standard For Identifying Comparators In Title VII And ADA Discrimination Cases - Ford & Harrison LLP

On March 21, 2019, in Lewis v. Union City, No. 15-11362, the U.S. Court of Appeals for the Eleventh Circuit (1) clarified the proper standard for the comparator analysis in intentional discrimination cases unde
Tags: News, United States, Lewis, U S Court of Appeals, Eleventh Circuit, Harrison LLP, ADA Discrimination Cases Ford


Court Ruling Implies That Barr Must Redact Grand-Jury Info from Mueller Report

In disclosing the Mueller report, Attorney General William P. Barr will have to redact grand-jury information. That is the upshot of the ruling today by a divided panel of the U.S. Court of Appeals for the D.C. Circuit.I flagged this case, now called McKeever v. Barr (formerly McKeever v. Sessions), last week. It did not arise out of the Mueller investigation, but it obviously has significant ramifications for the Mueller report -- in particular, how much of it we will get to see.At issue was th...
Tags: News, Supreme Court, Obama, Congress, Reagan, Fbi, House, House Of Representatives, Gordon Strachan, Columbia University, Cia, Justice Department, Srinivasan, Dominican Republic, Frank, Nixon


Petitions of the week

This week we highlight petitions pending before the Supreme Court that address, among other things, the ability of a court to exercise personal jurisdiction over a defendant when the defendant knew its conduct would have in-state effects but the conduct occurred outside the state, the possibility of the Federal Aviation Act’s pre-empting state-law design-defect claims, and whether the Portal-to-Portal Act modified the definition of “work” in the Fair Labor Standards Act. The petitions of the wee...
Tags: Supreme Court, Law, Canada, Morrison, 9th Circuit, Walden, National Australia Bank Ltd, U S Court of Appeals, Fiore, Goldstein Russell, FLSA, 2nd Circuit, CERCLA, Avco Corp, European Community, Integrity Staffing Solutions Inc


Symposium: Only in America

Hans von Spakovsky is the manager of the Election Law Reform Initiative and a senior legal fellow at the Meese Center for Legal and Judicial Studies at the Heritage Foundation. Foreign observers must be shaking their heads in disbelief that adding a citizenship question to the U.S. census has proved so controversial as to result in litigation. Department of Commerce v. New York will be argued before the U.S. Supreme Court on April 23. Predicting how the court will rule is always dicey. But given...
Tags: New York, Featured, Supreme Court, Law, Congress, California, America, United States, Commerce, United Nations, Wisconsin, ACS, Department Of Justice, Doj, Justice Department, Ross


Symposium: Questioning citizenship versus questioning the question

John S. Baker Jr. is Professor Emeritus of Law at the Louisiana State University Law Center. It will be interesting to see how much of the upcoming Supreme Court argument in Department of Commerce v. New York will be devoted to President Donald Trump’s tweets and other statements not vetted by his lawyers. The Supreme Court agreed to expedited review of a district-court judgment barring Secretary of Commerce Wilbur Ross from including a citizenship question on the 2020 census. The court did so f...
Tags: New York, Featured, Supreme Court, Law, Congress, California, New York City, United States, Commerce, ACS, District Of Columbia, Donald Trump, Ross, Trump, U S Customs, Border Protection


United States: Third Circuit Agrees With Other Appeals Courts – Federal Employees May Bring Retaliation Claims Under Title VII - Ford & Harrison LLP

Executive Summary: On March 12, 2019, the U.S. Court of Appeals for the Third Circuit clarified in a published opinion that federal employees may bring retaliation claims
Tags: News, United States, Ford, U S Court of Appeals, Third Circuit, Harrison LLP


Opinion analysis: Court rejects per se rule on cross-examination in Social Security disability cases

The Supreme Court yesterday turned down a Social Security Disability Insurance plaintiff’s proposal to establish a per se rule effectively requiring vocational experts to turn over the data underlying their opinions in every case. Michael Biestek had asked the court to decide that testimony from such an expert who declined a request to turn over underlying data could never suffice to meet the Social Security Administration’s statutory obligation to support its decisions with “substantial evidenc...
Tags: Featured, Supreme Court, Law, Social Security, Social Security Administration, Ruth Bader Ginsburg, Sonia Sotomayor, SSA, U S Court of Appeals, Elena Kagan, Kagan, ALJ, Social Security Disability Insurance, Gorsuch, Merits Cases, Neil Gorsuch


Petitions of the week

This week we highlight petitions pending before the Supreme Court that address, among other things, the requirements for a state drug offense to qualify as a “serious drug offense” under the Armed Career Criminal Act of 1984; the law a court is required to apply when weighing mitigating and aggravating evidence in a capital case; and whether, after receiving complete individual relief, a plaintiff retains standing to proceed as an adequate representative of a putative class. The petitions of the...
Tags: Supreme Court, Law, United States, Arizona, Oklahoma, McKinney, Arizona Supreme Court, U S Court of Appeals, Franklin, 2nd Circuit, Eddings, Cases in the Pipeline, Sulyma, Intel Corp Investment Policy Committee, ZocDoc Inc, Geismann


Some Thoughts on Last Week's Fourth Circuit Argument in MD/DC v. Trump

Last week, the U.S. Court of Appeals for the Fourth Circuit heard arguments in connection with President Trump’s petition for mandamus in the emoluments lawsuit brought against him by Maryland and the District of Columbia.   Although the hearing did not go particularly well for Maryland/DC, many of the concerns raised by the court are not troubling and can be easily addressed. M uch of the conversation focused on what injunctive relief the plaintiffs seek. In my view, the best answe...
Tags: Maryland, Supreme Court, Congress, Virginia, US, Georgia, United States, Ronald Reagan, Washington Dc, Dc, Jfk, Times, District Of Columbia, James Wilson, Branding, Trump


United States: Fifth Circuit Holds Directional Drillers Are Independent Contractors - Ogletree, Deakins, Nash, Smoak & Stewart

The U.S. Court of Appeals for the Fifth Circuit recently held that a group of directional driller consultants were independent contractors, not employees, in large part due to their highly specialized skills,
Tags: News, United States, Stewart, Fifth Circuit, U S Court of Appeals


Opinion analysis: The justices wish Sturgeon “good hunting” in Sturgeon v. Frost

The Supreme Court ruled unanimously yesterday in favor of Alaskan John Sturgeon, who waged a 12-year battle against the National Park Service over its ban on hovercraft in park preserves. As a result of the decision, Sturgeon can once again “rev up his hovercraft in search of moose” on the Nation River in the Yukon Charley Preserve. This is the second time this fight has come before the Supreme Court. On one hand, it involves important legal issues affecting public lands, federalism and water ri...
Tags: Featured, Supreme Court, Law, Congress, United States, Alaska, Epa, Frost, Ruth Bader Ginsburg, Sturgeon, National Park, Federal Government, National Park Service, Nps, Sonia Sotomayor, 9th Circuit


United States: February 2019 - Last Month At The Federal Circuit Podcast Series - Finnegan, Henderson, Farabow, Garrett & Dunner, LLP

Welcome to Last Month at the Federal Circuit—a look at recent decisions from the U.S. Court of Appeals impacting the intellectual property community
Tags: News, United States, U S Court of Appeals, Finnegan Henderson Farabow Garrett, Dunner LLP


Relist Watch

John Elwood reviews Monday’s relists. After last week’s relist commotion, this week the changes are fewer, more subtle, and bad news for petitioners. Eight-time relist Newton v. Indiana, 17-1511, involving whether Miller v. Alabama applies to discretionary sentences of life without parole imposed for juvenile offenses, has been downgraded to a “hold” for last week’s grant in Mathena v. Malvo, 18-217, (itself relisted seven times) which basically covers the same issue. (The news isn’t that bad fo...
Tags: Featured, Supreme Court, Law, Congress, Alabama, Indiana, Dhs, Catholic Church, Kansas, Catholic, Nielsen, Naacp, Department Of Homeland Security, University Of California, Newton, Puerto Rico


Argument analysis: Justices struggle with whether the Hobbs Act is ordinary or extraordinary administrative law

Administrative law nerds anxiously await the term’s main event tomorrow: argument in Kisor v. Wilkie, in which the Supreme Court will consider whether to overturn Auer deference to agency regulatory interpretations. But yesterday brought us an administrative law undercard: argument in PDR Network v. Carlton & Harris Chiropractic. This undercard did not disappoint. Carter G. Phillips for petitioners (Art Lien) The question in PDR Network is whether the Hobbs Act strips district courts of ju...
Tags: Featured, Fcc, Supreme Court, Law, Congress, United States, Federal Communications Commission, Commission, Sonia Sotomayor, APA, John Roberts, Phillips, Alito, U S Court of Appeals, Stephen Breyer, Breyer