United States Supreme Court

Supreme Court Brief

Skadden Loses a Tax Dispute, and Jenner Wins Fee Fight

By Marcia Coyle | May 22, 2017

The U.S. Supreme Court on Monday delivered multimillion-dollar good news and bad news to two major law firms. Skadden, Arps, Slate, Meagher & Flom lost its challenge to a tax refund in Michigan. Jenner & Block prevailed in a fee dispute that involved a former client. Here's a snapshot of the two cases.

National Law Journal

No Public Hearing Set for SCOTUS Budget, Again

By Tony Mauro | May 22, 2017

Last year a spokeswoman said the court's budget hearing did not take place because of "a compressed Supreme Court and congressional schedule."

National Law Journal

Supreme Court Limits Venue Shopping in Patent Litigation

By Tony Mauro | May 22, 2017

Justice Clarence Thomas, writing for an 8-0 court in TC Heartland v. Kraft Foods Group Brands, said “a domestic corporation 'resides' only in its state of incorporation for purposes of the patent venue statute.”

National Law Journal

SCOTUS Justices Used to Explain Recusals. What Changed?

By TONY MAURO | May 18, 2017

There's a new twist to the court's tradition of keeping mum on the reasons for recusals: it was not always that way.

Supreme Court Brief

David Stras: Trump Judicial Nominee and SCOTUS Reformer

By Tony Mauro | May 15, 2017

David Stras once wrote that U.S. Supreme Court justices should not have term limits. Instead, he said they should be incentivized to leave when they get old, through "golden parachute" pensions and a heavier workload, including being forced to hear cases around the country by "riding the circuits." Stras, 42, an associate justice of the Minnesota Supreme Court, may be able to continue his scholarly scrutiny from the inside. President Donald Trump this month announced plans to nominate Stras to the U.S. Court of Appeals for the Eighth Circuit.

National Law Journal

SCOTUS to States: Keep Out of Arbitration Agreements

By Tony Mauro | May 15, 2017

The 7-1 ruling could have broader ramifications for the nursing home industry in particular and businesses in general when it comes to the Federal Arbitration Act.

National Law Journal

Trump's Justice Department Works Both Sides of the CFPB

By Marcia Coyle | May 11, 2017

The Trump administration's U.S. Justice Department is both simultaneously challenging and backing the Consumer Financial Protection Bureau, creating a litigation whirlwind as Republicans and business advocates push reforms that would strip some power from the Obama-era federal agency.

US Supreme Court to Look at Corporate Liability Over Mosquito Bites

By Erin Mulvaney | May 10, 2017

Mosquitoes now are at the center of a liability question the U.S. Supreme Court could consider for the first time Thursday: Should the Union Pacific railroad company have protected employee William Nami and other workers from the mosquitoes? In a 5-1 ruling, the Texas Supreme Court ruled in favor of the rail company. But courts are split on the issue.

Supreme Court Brief

Neil Gorsuch Lays Down Some Early Markers

By Marcia Coyle | May 10, 2017

What have U.S. Supreme Court advocates learned from Justice Neil Gorsuch based on his early sittings? "Justice Gorsuch comes as advertised: someone deeply committed to ruling by the text and the Constitution's underpinnings, like federalism," Mayer Brown's Timothy Bishop, a veteran high court advocate, says. Here's a look at some early observations of the court's newest member.

National Law Journal

US Supreme Court to Look at Corporate Liability Over Mosquito Bites

By Erin Mulvaney | May 10, 2017

Mosquitoes now are at the center of a liability question the U.S. Supreme Court could consider for the first time Thursday: Should the Union Pacific railroad company have protected employee William Nami and other workers from the mosquitoes? In a 5-1 ruling, the Texas Supreme Court ruled in favor of the rail company. But courts are split on the issue.