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Justices Divided Over GI Bill Benefits and Stage Set For Subpoena Fight

Chief Justice John Roberts Jr. splits with Justice Brett Kavanaugh while Senate Judiciary Committee Democrats prepare subpoenas.
5 minute read

Gun Law Hearing Highlights Rightward Shift Of Fifth Circuit

New Orleans-based appeals court seems more conservative than the nation's top tribunal.
6 minute read

When Are Supreme Court Precedents 'Fair Game'?

"We're not going to throw out all our precedents because we've decided that there's a better way to interpret statutes," Justice Elena Kagan said.
5 minute read

The Week Ahead: Bruen's Big Test

The Supreme Court will hear sovereign immunity, Second Amendment cases.
7 minute read

Justice Alito's Dilemma; Roberts Honors Deputy SG's 100th Argument

Justice Samuel Alito Jr. reiterates concerns in a trademark case while the chief justice congratulates a former courtroom foe on his 100th argument.
7 minute read

In Social Media Cases, Trump Was The Elephant In The Courtroom

"It was an important part of how he wielded his authority," Justice Elena Kagan said of Trump's tweets.
5 minute read

'Bad Facts Make Bad Law'

"We know there are abuses in the (civil) forfeiture system," Justice Sonia Sotomayor said.
6 minute read

The Week Ahead: Justices To Tackle Civil Forfeiture and First Amendment

The Supreme Court will review the promptness of hearings after car confiscations and then examine First Amendment implications of social media and trademark law.
9 minute read

Supreme Court or Trial Court?

The justices weigh whether their review in a gerrymandering case should be de novo or for clear error.
5 minute read

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

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Who Got The Work

Michael G. Bongiorno, Andrew Scott Dulberg and Elizabeth E. Driscoll from Wilmer Cutler Pickering Hale and Dorr have stepped in to represent Symbotic Inc., an A.I.-enabled technology platform that focuses on increasing supply chain efficiency, and other defendants in a pending shareholder derivative lawsuit. The case, filed Oct. 2 in Massachusetts District Court by the Brown Law Firm on behalf of Stephen Austen, accuses certain officers and directors of misleading investors in regard to Symbotic's potential for margin growth by failing to disclose that the company was not equipped to timely deploy its systems or manage expenses through project delays. The case, assigned to U.S. District Judge Nathaniel M. Gorton, is 1:24-cv-12522, Austen v. Cohen et al.

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Who Got The Work

Edmund Polubinski and Marie Killmond of Davis Polk & Wardwell have entered appearances for data platform software development company MongoDB and other defendants in a pending shareholder derivative lawsuit. The action, filed Oct. 7 in New York Southern District Court by the Brown Law Firm, accuses the company's directors and/or officers of falsely expressing confidence in the company’s restructuring of its sales incentive plan and downplaying the severity of decreases in its upfront commitments. The case is 1:24-cv-07594, Roy v. Ittycheria et al.

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Who Got The Work

Amy O. Bruchs and Kurt F. Ellison of Michael Best & Friedrich have entered appearances for Epic Systems Corp. in a pending employment discrimination lawsuit. The suit was filed Sept. 7 in Wisconsin Western District Court by Levine Eisberner LLC and Siri & Glimstad on behalf of a project manager who claims that he was wrongfully terminated after applying for a religious exemption to the defendant's COVID-19 vaccine mandate. The case, assigned to U.S. Magistrate Judge Anita Marie Boor, is 3:24-cv-00630, Secker, Nathan v. Epic Systems Corporation.

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Who Got The Work

David X. Sullivan, Thomas J. Finn and Gregory A. Hall from McCarter & English have entered appearances for Sunrun Installation Services in a pending civil rights lawsuit. The complaint was filed Sept. 4 in Connecticut District Court by attorney Robert M. Berke on behalf of former employee George Edward Steins, who was arrested and charged with employing an unregistered home improvement salesperson. The complaint alleges that had Sunrun informed the Connecticut Department of Consumer Protection that the plaintiff's employment had ended in 2017 and that he no longer held Sunrun's home improvement contractor license, he would not have been hit with charges, which were dismissed in May 2024. The case, assigned to U.S. District Judge Jeffrey A. Meyer, is 3:24-cv-01423, Steins v. Sunrun, Inc. et al.

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Who Got The Work

Greenberg Traurig shareholder Joshua L. Raskin has entered an appearance for boohoo.com UK Ltd. in a pending patent infringement lawsuit. The suit, filed Sept. 3 in Texas Eastern District Court by Rozier Hardt McDonough on behalf of Alto Dynamics, asserts five patents related to an online shopping platform. The case, assigned to U.S. District Judge Rodney Gilstrap, is 2:24-cv-00719, Alto Dynamics, LLC v. boohoo.com UK Limited.

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