Jimmy Hoover

June 17, 2024 | National Law Journal

When the case is heard next term, the justices will consider whether employers must prove by a "preponderance of the evidence" or instead by "clear and convincing evidence" that one of FLSA's listed exemptions precludes the lawsuit from going forward.

By Jimmy Hoover

3 minute read

June 17, 2024 | National Law Journal

The defendants say wire fraud statutes only apply to cases where someone has used fraud to inflict economic harm, not to cases where the scheme did not actually cost the government money.

By Jimmy Hoover

3 minute read

June 17, 2024 | National Law Journal

The legal question in the case deals with the pleading standard plaintiffs must meet under the 1995 Private Securities Litigation Reform Act, which was enacted to deter frivolous securities lawsuits.

By Jimmy Hoover

4 minute read

June 13, 2024 | National Law Journal

Judges should be "very, very careful" about using historical evidence in constitutional adjudication," Justice Amy Coney Barrett has said, adding that citations to favorable historical practices can be like "looking over a crowd and picking out your friends."

By Jimmy Hoover

5 minute read

June 13, 2024 | National Law Journal

The justices held that a lower court had applied a watered-down version of the test necessary to decide whether to grant a National Labor Relations Board request for an injunction.

By Jimmy Hoover

4 minute read

June 13, 2024 | National Law Journal

In his opinion for the court, Justice Clarence Thomas wrote that "history and tradition is sufficient to conclude that the names clause—a content-based, but viewpoint-neutral, trademark restriction—is compatible with the First Amendment. We need look no further in this case."

By Jimmy Hoover

3 minute read

June 13, 2024 | National Law Journal

The decision is a major victory for the Biden administration, which appealed a recent U.S. Court of Appeals for the Fifth Circuit decision that the FDA's actions easing access to mifepristone were unlawful.

By Jimmy Hoover

3 minute read

June 12, 2024 | National Law Journal

"Let's be clear, this is not about improving the court," said Sen. Lindsey Graham, R-South Carolina. "This is about undermining the court."

By Jimmy Hoover

5 minute read

June 11, 2024 | National Law Journal

The justices have called for the views of the U.S. solicitor general, a signal of their interest in perhaps taking up these issues next term.

By Jimmy Hoover

10 minute read

June 10, 2024 | National Law Journal

The question presented is whether patients eligible for supplemental security income must currently be receiving SSI benefits for a hospital to claim a higher Medicare reimbursement from the U.S. Department of Heath and Human Services.

By Jimmy Hoover

2 minute read