A Strikingly Non-Partisan Election Day Argument
If asked about alliances between Supreme Court justices, few would put the names Elena Kagan and Samuel Alito Jr. in the same sentence.
November 06, 2024 at 06:45 AM
6 minute read
Welcome to Supreme Court Brief. My name is Jimmy Hoover. I have been covering the Supreme Court for the National Law Journal since April 2023. In these pages, I provide the sophisticated SCOTUS watcher with the latest news and analysis out of the nation's most powerful tribunal, with each edition bringing you argument recaps, opinion analysis, attorney spotlights and more.
Election Day was just another Tuesday at the Supreme Court, which heard oral arguments in two cases. I covered the second of those, EMD Sales Inc. v. Sanchez Carrera, for the NLJ here. The case asks whether employers must satisfy a heightened evidentiary burden to prove that workers are exempt from the protections of a 1938 federal labor law. Williams & Connolly's Lisa Blatt, arguing on behalf of a D.C.-area food distributor, said the U.S. Court of Appeals for the Fourth Circuit erred in concluding that employers must show by "clear and convincing evidence" that an exemption under the Fair Labor Standards Act applies. The justices seemed largely sympathetic to those arguments.
As is sometimes the case for the second hearing of the day, there was a noticeable drop in the intensity of questioning from the bench compared to the morning's lively–and lengthy–Medicare reimbursement arguments. Perhaps the justices were simply looking forward to lunch. Or maybe some of them were eager to get over to the polls to "exercise the elective franchise" (as Chief Justice Melville Fuller once described voting). Either way, one wonders whether advocates mind playing second fiddle to the opening act of the day.
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Who Got The Work
Michael G. Bongiorno, Andrew Scott Dulberg and Elizabeth E. Driscoll from Wilmer Cutler Pickering Hale and Dorr have stepped in to represent Symbotic Inc., an A.I.-enabled technology platform that focuses on increasing supply chain efficiency, and other defendants in a pending shareholder derivative lawsuit. The case, filed Oct. 2 in Massachusetts District Court by the Brown Law Firm on behalf of Stephen Austen, accuses certain officers and directors of misleading investors in regard to Symbotic's potential for margin growth by failing to disclose that the company was not equipped to timely deploy its systems or manage expenses through project delays. The case, assigned to U.S. District Judge Nathaniel M. Gorton, is 1:24-cv-12522, Austen v. Cohen et al.
Who Got The Work
Edmund Polubinski and Marie Killmond of Davis Polk & Wardwell have entered appearances for data platform software development company MongoDB and other defendants in a pending shareholder derivative lawsuit. The action, filed Oct. 7 in New York Southern District Court by the Brown Law Firm, accuses the company's directors and/or officers of falsely expressing confidence in the company’s restructuring of its sales incentive plan and downplaying the severity of decreases in its upfront commitments. The case is 1:24-cv-07594, Roy v. Ittycheria et al.
Who Got The Work
Amy O. Bruchs and Kurt F. Ellison of Michael Best & Friedrich have entered appearances for Epic Systems Corp. in a pending employment discrimination lawsuit. The suit was filed Sept. 7 in Wisconsin Western District Court by Levine Eisberner LLC and Siri & Glimstad on behalf of a project manager who claims that he was wrongfully terminated after applying for a religious exemption to the defendant's COVID-19 vaccine mandate. The case, assigned to U.S. Magistrate Judge Anita Marie Boor, is 3:24-cv-00630, Secker, Nathan v. Epic Systems Corporation.
Who Got The Work
David X. Sullivan, Thomas J. Finn and Gregory A. Hall from McCarter & English have entered appearances for Sunrun Installation Services in a pending civil rights lawsuit. The complaint was filed Sept. 4 in Connecticut District Court by attorney Robert M. Berke on behalf of former employee George Edward Steins, who was arrested and charged with employing an unregistered home improvement salesperson. The complaint alleges that had Sunrun informed the Connecticut Department of Consumer Protection that the plaintiff's employment had ended in 2017 and that he no longer held Sunrun's home improvement contractor license, he would not have been hit with charges, which were dismissed in May 2024. The case, assigned to U.S. District Judge Jeffrey A. Meyer, is 3:24-cv-01423, Steins v. Sunrun, Inc. et al.
Who Got The Work
Greenberg Traurig shareholder Joshua L. Raskin has entered an appearance for boohoo.com UK Ltd. in a pending patent infringement lawsuit. The suit, filed Sept. 3 in Texas Eastern District Court by Rozier Hardt McDonough on behalf of Alto Dynamics, asserts five patents related to an online shopping platform. The case, assigned to U.S. District Judge Rodney Gilstrap, is 2:24-cv-00719, Alto Dynamics, LLC v. boohoo.com UK Limited.
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