We’re a week out from the new Supreme Court term, chock full of new and exciting legal questions. But for many, the more pressing deadline is still a month away: Election Day.
On September 9, 2016, Apotex Inc. filed a petition for writ of certiorari in the U.S. Supreme Court seeking review of the Federal Circuit’s decision in Amgen Inc. v. Apotex Inc., Case No. 2016-1308.
The Supreme Court’s June 2016 decision in Kingdomware Techs., Inc. v. United States, No. 14-916 (June 16, 2016), may significantly impact the meaning of the term “government contract” for years to come.
Supreme Court Refuses to Stay Senate Subpoena, Highlights the Difficulties Inherent in Challenging a Congressional Subpoena
The Supreme Court today refused to block a subpoena by the Senate Permanent Subcommittee on Investigations of the online forum Backpage and its CEO Carl Ferrer.
2nd Circuit “Cat’s Paw” Decision Highlights Importance of Employer Investigations Before Termination
In 2011, the U.S. Supreme Court in Staub v. Proctor Hospital first endorsed the “Cat’s Paw” theory of liability in a USERRA case.
In a close Supreme Court decision the justices voted (4-to-4) against reinstating North Carolina’s identification requirement, meaning voters won’t have to show one of several qualifying photo IDs when casting ballots in the battleground state this November and early voting reverts to 17 days. With the decision coming so closely after the Fourth Circuit just struck down the voting laws, a question lingers in the air: What will it take for the conservative bloc on the high court to vote against voter ID laws?
On June 16, 2016, the U.S. Supreme Court issued a highly anticipated opinion in Universal Health Services, Inc. v. U.S. ex rel. Escobar, which for the first time expressly recognized implied certification as a viable theory under the federal False Claims Act (FCA).
In a case that will have a direct impact on creditors, the U.S. Supreme Court has agreed to hear an appeal involving the City of Miami’s claims in three related cases that it suffered damages through alleged discriminatory lending practices of residential mortgage lenders including Bank of America, Wells Fargo, and Citigroup.
In a unanimous 8-0 decision, the U.S. Supreme Court has vacated the political corruption convictions of former Virginia Governor Robert F. McDonnell for conspiracy to commit honest services fraud and Hobbs Act extortion and making false statements to federal officials. McDonnell v. United States, No. 15-474, 579 U.S. ___ (2016).
Signed, Sealed, Delivered, but Not Dismissed: The Sixth Circuit Takes On Campbell-Ewald’s Offered Vs. Delivered Distinction
Following the Supreme Court’s January decision in Campbell-Ewald Co. v. Gomez, 136 S. Ct. 663 (2016) that a defendant cannot moot a plaintiff’s individual claim by simply offering to satisfy the plaintiff’s demand before a motion for class certification is filed, but must instead deliver that relief, the lower courts have struggled to identify when relief has been delivered versus merely “offered.”