By Marcia Coyle | September 28, 2017
Legal fees, pleading requirements and disputes over timing—the False Claims Act is providing the U.S. Supreme Court with myriad issues as companies and whistleblowers pitch the justices on cases to take for the new term. Time will tell if the justices are willing to bite. Here's a snapshot of several pending petitions.
By Marcia Coyle | September 28, 2017
The U.S. Supreme Court, deadlocked last term on the constitutionality of mandatory "fair share" union fees that are paid by millions of public-sector workers, agreed on Thursday to step into this arena for a second time, with a case that raises alarms among some advocates who fear the court could deal a blow to organized labor.
By Marcia Coyle | September 28, 2017
The U.S. Supreme Court, deadlocked last term on the constitutionality of mandatory "fair share" union fees that are paid by millions of public-sector workers, agreed on Thursday to step into this arena for a second time, with a case that raises alarms among some advocates who fear the court could deal a blow to organized labor.
By Erin Mulvaney | September 27, 2017
A report released Wednesday shows that more than 60 million workers in the United States are subject to mandatory arbitration in employment contracts, highlighting the potential scope of a key U.S. Supreme Court case that confronts the legality of those agreements.
By Tony Mauro | September 26, 2017
After criticism, the National Museum of African American History and Culture in Washington has featured U.S. Supreme Court Justice Clarence Thomas in a new display on the court.
By Marcia Coyle and Mike Scarcella | September 20, 2017
The U.S. Supreme Court's fall term begins on Oct. 2. Noel Francisco, newly confirmed as U.S. solicitor general, has just days to prepare. Of course, it's likely Francisco, formerly a top appellate lawyer at Jones Day, hasn't been thinking about the cases and issues that the justices will confront—and he will argue—this term. Here's a snapshot of things to know about Francisco and matters on his plate as he prepares to step up to the lectern at the high court.
By Tony Mauro | September 18, 2017
Cake artists represented by Baker Botts included roughly three dozen mouthwatering photos in their Masterpiece Cakeshop amicus brief to make a point: Designing special occasion cakes is an expressive art.
By Marcia Coyle | September 18, 2017
Kirkland & Ellis partner Paul Clement is expected to argue next month in a closely watched trio of U.S. Supreme Court cases that question whether workplace arbitration agreements that ban class actions violate federal labor laws. The former George W. Bush administration U.S. solicitor general was tapped to represent the three companies defending the bans. The companies and their lawyers involved were apparently at an impasse over which of their original high court lawyers should make the Oct. 2 arguments.
By Marcia Coyle | September 15, 2017
U.S. Attorney General Jeff Sessions overcame reluctance among top lawyers under his command and pushed forward last week in the U.S. Supreme Court to support a Colorado baker who refused on religious grounds to make a wedding cake for a same-sex couple, according to lawyers with knowledge of the U.S. Justice Department's decision. While it is rare for any U.S. attorney general to countermand the recommendation of the solicitor general, such an action is within the power of the office. The Justice Department disputed that there was any disagreement over the participation of the United States as a friend-of-the-court in the case.
By Marcia Coyle | September 13, 2017
Justice Elena Kagan recently told University of Wisconsin law students that arguing before the U.S. Supreme Court is "pretty much a nightmare" for lawyers, but not for the "repeat players" of the Supreme Court Bar who know what the justices like, and who know what they should and should not do.
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