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No Kid Gloves for Scalia's Son in Supreme Court Debut

Eugene Scalia has now argued as many times as his father, the late Justice Antonin Scalia, did before the Supreme Court.
4 minute read

The Week Ahead: UBS Battles Whistleblower; South Carolina Denies Racial Gerrymander

The justices will hear burden of proof and voting rights cases.
6 minute read

Not Even Justices Want 'Extra Work'

Justice Brett Kavanaugh, however, has suggested that the Supreme Court agree to hear more cases.
4 minute read

'If That's Your Position, I Don't Think I Can Get Your Vote'

Sometimes a Supreme Court advocate just has to take it from the bench.
4 minute read

Alito Raises Concern Over Amicus Brief Studies

The justice wonders aloud whether studies conducted in non-party briefs should be taken as scientifically valid.
6 minute read

The Justices Are Back In Town

The Supreme Court begins new term after a busy summer.
4 minute read
News

Supreme Court Justices Have 'Variety of Views' on Ethics, Kagan Says

"We're nine free-thinking individuals," the justice told the Ninth Circuit Judicial Conference.
3 minute read

At Supreme Court, The Affirmative Action Debate Is Personal

The Supreme Court's 6-3 vote against affirmative action in college admissions strikes at the heart of a debate the justices know all too well.
6 minute read

Supreme Court Rejects Controversial Election Theory From GOP Lawmakers

Chief Justice John Roberts Jr.'s majority opinion preserves the power of state courts to review federal election laws.
4 minute read
News

Can Congress Tax Unrealized Gains as Income? Supreme Court May Decide

The justices agreed to consider whether shareholders can owe income tax when no dividend, distribution or other payment has been received.
4 minute read

Jefferson's Money Problems And That Funny Magna Carta

The justices ended the October 2022 Term's oral arguments with a history lesson.
6 minute read

Roberts Fumbles a Handoff; Alito Scores With Dobbs

The chief justice has a miscue during oral arguments, while Alito enjoys praise in a Harvard journal.
4 minute read

Supreme Court Brief: Social Media Blocking | Appellate Review Preservation

A pair of cases involving public officials blocking people on their social media accounts will head to the U.S. Supreme Court next term.
4 minute read

Supreme Court Brief: 2023's Final Curtain Raiser | Katyal On 50 SCOTUS OAs | Breyer Calls Thomas 'Man of Integrity' 

The last week of oral arguments for the high court starts today. Here's what's left.
11 minute read

Supreme Court Brief: Religious Employees | Fair Claims Act 'Pendulum' Case | On the NJ-NY Waterfront

The justices took more than two hours hearing a debate over a religious person's right to be accommodated in their work schedule.
5 minute read

Supreme Court Brief: Slack Securities Dispute | Comstock Act Revival? I 'Incentive Awards'

The high court considered disclosure requirements for direct listings of stock in a securities-related case involving the messaging company Slack.
10 minute read

Supreme Court Brief: Judge Spots SCOTUS Statistics Slip-up | Who's at the Lectern

A federal appeals court judge has called attention to an inaccuracy in the way the U.S. Supreme Court is reporting the number of cert petitions filed each term.
6 minute read

Supreme Court Brief: Raising the Curtain on End-of-Term Oral Arguments, Part 1

A postal worker's employment discrimination dispute is among the most headline-making cases on the high court's final docket for the year.
11 minute read

Supreme Court Brief: Practitioners Pleased by Preliminary Prints | Evidence Disclosure Dissent 

In a development welcomed by scholars and appellate lawyers, the high court is now pushing out preliminary print versions of opinions at a clip not seen in years.
8 minute read

Supreme Court Brief: Originalism Prompts Welter of Questions | Easement Opinion

The interpretive tool of originalism, which relies in large part on the context of the founding era often led to more questions than answers in a criminal appeal before the justices Tuesday.
6 minute read

Supreme Court Brief: Fact-Dependent IP Hearing |  ADA 'Tester' Case

IP lawyers were less than thrilled by Monday's U.S. Supreme Court hearing of a case involving complex issues of patent law in the biotech space.
8 minute read

Supreme Court Brief: Who's at the Lectern | Oral Argument Previews

The justices are set to hear a dispute over cholesterol medication patents alleging that recent changes to patent law have created an undue disclosure burden on creators.
9 minute read

Supreme Court Brief: International Trademark Confusion | New Litigation Trend?

Plus: The justices appeared divided in their first argument to wrestle with implications of cryptocurrency in an issue that has split the circuits.
9 minute read

Supreme Court Brief: Justices Eye Water Rights | Who's at the Podium?

Plus: Jackson calls out her colleagues for what she views as too readily invoking 'Munsingwear vacatur' to cast aside lower court decisions.
10 minute read

Supreme Court Brief: Water Rights Dispute | What Would an Ethics Code for Justices Look Like?

Next week's docket includes a case that revolves around the role the U.S. Government has in tracking Native American tribes' water resources.
8 minute read

Supreme Court Brief: Tax Decision Impact | 'Offended Observer' Standing

The U.S. Supreme Court will hear an admiralty dispute involving choice-of-law clauses in maritime contracts according to Monday's orders list.
10 minute read
News

This Judge, Who Grew up in Miami-Dade, Just Had a Street Named After Her

The jurist graduated from Miami's Palmetto Senior High in 1988.
2 minute read

Supreme Court Brief: Biden's Student Loan Plan Faces Uphill Fight | Jackson's First Majority Opinion

Concerns from judges ranged from the standing of the parties challenging the effort to the major questions doctrine and why some parties could benefit while others would not.
5 minute read

Supreme Court Brief: Billable Hours Rounding Error? | CFPB Imperiled?

Justice Neil Gorsuch eyed an attorney's use of rounding up billable hours. And the future of the Consumer Financial Protection Bureau could be in jeopardy after the high court granted cert in a dispute which found its funding scheme violated the U.S. Constitution.
6 minute read

Supreme Court Brief: ID Theft Sentence Enhancement | Connect-the-Dots Amicus Brief

A very unusual part amicus brief, part art project filed with the court last week has sparked praise and criticism.
9 minute read
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Who Got The Work

Eleanor M. Lackman of Mitchell Silberberg & Knupp has entered an appearance for Canon, the Japanese camera maker, and the Brooklyn Nets in a pending trademark infringement lawsuit. The case, filed Sept. 16 in California Central District Court by T-Rex Law on behalf of technology company Phinge Corporation, pursues claims against the defendants for their ongoing use of the 'Netaverse' mark. The suit contends that the defendants' use of the mark in connection with a virtual reality platform will likely create consumer confusion. The case, assigned to U.S. District Judge Consuelo B. Marshall, is 2:24-cv-07917, Phinge Corporation v. Yankees Entertainment and Sports Network, LLC et al.

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Who Got The Work

Fox Rothschild partner Glenn S. Grindlinger has entered an appearance for Garage Management Company in a pending lawsuit over alleged wage-and-hour violations. The case was filed Aug. 31 in New York Southern District Court by the Abdul Hassan Law Group on behalf of a manual worker who contends that he was not properly compensated for overtime hours worked. The case, assigned to U.S. District Judge Analisa Torres, is 1:24-cv-06610, Bailey v. Garage Management Company LLC.

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Who Got The Work

Veronica M. Keithley of Stoel Rives has entered an appearance for Husky Terminal and Stevedoring LLC in a pending environmental lawsuit. The suit, filed Aug. 12 in Washington Western District Court by Kampmeier & Knutsen on behalf of Communities for a Healthy Bay, seeks to declare that the defendant has violated the Clean Water Act by releasing stormwater discharges on Puget Sound and Commencement Bay. The case, assigned to U.S. District Judge Benjamin H. Settle, is 3:24-cv-05662, Communities for a Healthy Bay v. Husky Terminal and Stevedoring LLC.

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Who Got The Work

Caroline Pignatelli of Cooley has entered an appearance for Cooley, partner Matt Hallinan, retired partner Michael Tu and a pair of Cooley associates in a pending fraud lawsuit related to the firm's representation of startup company Carbon IQ and founder Benjamin Cantey. The case, filed Sept. 26 in New Jersey District Court by the DalCortivo Law Offices on behalf of Gould Ventures and member Jason Gould, contends that the defendants deliberately or recklessly concealed critical information from the plaintiffs regarding fraud allegations against Cantey. Gould claims that he would not have accepted a position on Carbon IQ's board of directors or made a 2022 investment in the company if the fraud allegations had been disclosed. The case, assigned to U.S. District Judge Robert Kirsch, is 3:24-cv-09485, Gould Ventures, LLC et al v. Cooley, LLP et al.

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Who Got The Work

Attorneys from Skadden, Arps, Slate, Meagher & Flom have stepped in to represent PDD Holdings, the operator of online marketplaces Pinduoduo and Temu, in a pending securities class action. The case, filed Sept. 30 in New York Eastern District Court by Labaton Keller Sucharow and VanOverbeke, Michaud & Timmony, contends that the defendants concealed information that rendered the growth of PDD unsustainable and posed substantial risks to PDD’s business, including merchant policies that made it unprofitable for vendors to do business on PDD platforms; malware issues on PDD applications; and PDD’s failure to implement effective compliance systems. The case, assigned to U.S. District Judge Pamela K. Chen, is 1:24-cv-06881, Macomb County Retiree Health Care Fund v. Pdd Holdings Inc. et al.

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