Government Reorganization and Restructuring

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The Supreme Court unanimously held in Coinbase Inc. v. Suski that when parties enter into two contracts—one requiring an arbitrator to decide the arbitrability of the dispute and the other giving a court the jurisdiction to decide controversies—the decision of which contract will govern will be decided by the courts. Justice Jackson authored the opinion.…

Continue Reading Decision Alert: Supreme Court Unanimously Holds Courts Will Decide Which Contract Governs When There Are Conflicting Forum Selection and Arbitration Clauses

On May 16, 2024, the Supreme Court unanimously held in Harrow v. Dep’t of Defense that the deadline to appeal a decision by the Merit Systems Protection Board (“MSPB”) is non-jurisdictional and therefore can be subject to equitable considerations. Justice Kagan authored the opinion.…

Continue Reading Decision Alert: Supreme Court Unanimously Holds Administrative Appeal Deadline Is Non-Jurisdictional

On May 9, 2024, the Supreme Court decided Warner Chappell Music, Inc. v. Nealy, holding that a copyright owner is entitled to monetary relief for a timely infringement claim, regardless of when the infringement occurred.…

Continue Reading Decision Alert: Supreme Court Clarifies Copyright Act’s Damages Provision

On May 16, 2024, the Supreme Court unanimously held in Smith v. Spizzirri that when a court finds that a lawsuit involves an arbitrable dispute and a party requests a stay, 9 U.S.C. § 3 of the Federal Arbitration Act (“FAA”) compels the court to issue a stay and the court lacks discretion to dismiss the suit. Justice Sotomayor authored the opinion.…

Continue Reading Decision Alert: Supreme Court Unanimously Holds Courts Must Stay Suits Sent to Arbitration

The Supreme Court recently issued three significant decisions touching on mandatory stays in arbitrable disputes, the clarification on copyright damages under the discovery rule, and the crucial ruling that administrative appeal deadlines are non-jurisdictional.…

Continue Reading Recent Supreme Court Rulings: Key Takeaways on Arbitration, Copyright, and Administrative Appeals

This May 2024 edition of Last Month at the Supreme Court examines the Court’s recent unanimous decision allowing Texas property owners to pursue just compensation claims through a state law cause of action, as well as the Court’s consideration of whether an anti-corruption statute applies to gratuities, whether a federal emergency medical law overrides a state abortion ban, whether enforcement of a city’s camping regulation against a homeless population is “cruel and unusual punishment,” and whether NLRB injunctions are subject to more lenient standards. …

Continue Reading Last Month at the Supreme Court | May 2024

In City of Grants Pass v. Johnson, the Supreme Court addresses whether a city’s enforcement of generally applicable ordinances that regulate camping on public property constitutes “cruel and unusual punishment” prohibited by the Eighth Amendment.…

Continue Reading Supreme Court Takes On the Constitutionality of Ordinances Against Homeless People

In the consolidated cases Moyle v. United States and Idaho v. United States, the Supreme Court will determine whether the federal Emergency Medical Treatment and Labor Act (EMTALA) preempts Idaho’s state law criminalizing most abortions in the State.…

Continue Reading Supreme Court Weighs Limits of State Abortion Bans

On April 16, 2024, the Supreme Court unanimously held in DeVillier v. Texas that DeVillier and other affected property owners should be permitted to pursue their just compensation claims under the Takings Clause through a cause of action available under Texas law. Justice Thomas delivered the opinion of the Court, which reversed the Fifth Circuit’s decision.…

Continue Reading Decision Alert: Supreme Court Issues Narrow Unanimous Decision in Takings Case