On April 12, 2024, the Supreme Court unanimously held in Macquarie Infrastructure Corp. v. Moab Partners, L.P. that SEC Regulation S-K, Item 303 could not support a private right of action under Rule 10b-5(b) for pure omissions made in required disclosures. Justice Sotomayor delivered the opinion of the Court, which reversed the Second Circuit’s decision and remanded the case.
In yet another unanimous decision issued on April 12, 2024, the Supreme Court held in Sheetz v. Cnty. of El Dorado, California that the Fifth Amendment’s Takings Clause applies to administrative and legislative permit conditions. Justice Barrett delivered the opinion of the Court, which reversed the California Court of Appeal’s decision and remanded the case.
The Supreme Court recently issued several unanimous decisions affecting a range of legal areas.
In Bissonnette v. LePage Bakeries Park St., the Supreme Court will decide whether a class of workers engaged in interstate transportation must also be employed specifically by a company in the transportation industry to be exempt from the Federal Arbitration Act (FAA).
Continue Reading Supreme Court Weighs Exemption from Arbitration for Commercial Truck Drivers
In McIntosh v. U.S., the Supreme Court will decide whether a district court can enter a preliminary forfeiture order outside the time limitation set forth in Federal Rule of Criminal Procedure 32.2(b)(2)(B).
Continue Reading Supreme Court Examines Criminal Forfeiture Timing
In Moody v. Netchoice, the Court considers whether Florida S.B. 7072’s content-moderation restrictions and its individualized-explanation requirements comply with the First Amendment.
Continue Reading Supreme Court Skeptical of Laws Reining in Rights of Social Media Platforms
In Netchoice v. Paxton, a companion case to Moody, the Supreme Court considers whether the First Amendment prohibits viewpoint-, content-, or speaker-based laws (1) restricting select websites from engaging in editorial choices about whether and how to publish and disseminate speech or (2) burdening those editorial choices through onerous operational and disclosure requirements.
In Warner Chappell Music, Inc. v. Nealy, the Supreme Court addresses whether, under the discovery accrual rule applied by the circuit courts and the Copyright Act’s statute of limitations for civil actions, 17 U.S.C. §507(b), a copyright plaintiff can recover damages for acts that allegedly occurred more than three years before filing the lawsuit.
Continue Reading Supreme Court Hears Arguments on the Copyright Act’s Statute of Limitations
In Corner Post, Inc. v. Board of Governors Of The Federal Rsrv. Sys., the Supreme Court will decide when a claim first accrues under the Administrative Procedure Act (APA).
On February 28, 2024, the Supreme Court agreed to review former President Trump’s criminal immunity claim in Trump v. United States. Trump claims that he is immune from federal charges related to interference with the 2020 election, and the Court set the argument date for late April.