On April 17, 2024, the Supreme Court unanimously held in Muldrow v. City of St. Louis, MO, that a claim under Title VII of the Civil Rights Act of 1964 does not require a plaintiff to prove “significant” or “serious” harm. Justice Kagan delivered the opinion of the Court, which reversed the Eighth Circuit’s decision and remanded.
The Supreme Court continues to vote unanimously on decisions affecting a range of legal areas.
Continue Reading Supreme Court Issues Decisions on Forfeiture Orders and Title VII Claims
On April 17, 2024, the Supreme Court unanimously held in McIntosh v. U.S. that a district court’s failure to enter a preliminary order as required by Federal Rule of Criminal Procedure 32.2(b)(2)(B) does not bar a judge from later ordering forfeiture at the sentencing hearing. Justice Sotomayor delivered the opinion of the Court, which affirmed the Second Circuit’s decision.
Continue Reading Decision Alert: Supreme Court Unanimously Affirms Tardy Forfeiture Order
The Supreme Court recently issued several unanimous decisions affecting a range of legal areas.
On April 12, 2024, the Second Circuit suffered another unanimous reversal by the Supreme Court. In Bissonnette v. LePage Bakeries Park St., Chief Justice Roberts delivered the opinion of the Court, holding that a worker need not work for a company in the transportation industry to be exempt from the Federal Arbitration Act (FAA).
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.
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 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
The March 2024 edition of Last Month at the Supreme Court covers the Court’s recent unanimous decisions involving the Trump Colorado Ballot dispute, Sarbanes-Oxley whistleblower protections, choice-of-law provisions in maritime disputes, and the Fair Credit Reporting Act.
Continue Reading Last Month at the Supreme Court | March 2024
In Coinbase Inc. v. Suski, the Supreme Court considers an arbitration issue arising when parties enter into an arbitration agreement with a delegation clause and a later contract that is silent as to arbitration and delegation. The issue is whether an arbitrator or a court should decide if the arbitration agreement was is narrowed by the later contract.
Continue Reading Supreme Court Appears Hesitant to Take Away Contract Law Decisions from States