Photo of David R. Roth

David R. Roth

Subscribe to David R. Roth's Posts

Dave is a Partner in the firm’s Litigation Department, where he focuses on appellate and complex civil litigation. As a member of the firm’s Appellate Group, Dave has successfully represented clients in the U.S. Supreme Court, the federal courts of appeal, and various state supreme and intermediate appellate courts.

Follow:Read more about David R. RothDavid's Linkedin Profile

The Court issued four significant decisions this morning:

  • Harrington v. Purdue Pharma L.P. (No. 23-124), holding (5-4, with an interesting “horseshoe” alignment) that the Bankruptcy Code does not authorize nonconsensual releases of claims against nondebtors, thereby scuttling a bankruptcy plan that would have released claims against the Sackler family in exchange for their return of approximately $6 billion to Purdue Pharma’s bankruptcy

…
Read More Vidal v. Elster (No. 22-704) and Chiaverini v. City of Napoleon, Ohio (No. 23-50)

While we await the Court’s issuance of more decisions on Wednesday, we have four recaps of cases decided in the last week or so:

…
Read More Moore v. United States (No. 22-800), Diaz v. United States (No. 23-14), Gonzalez v. Trevino (No. 22-1025), Campos-Chaves v. Garland (No. 22-674)

This morning, the Court announced five decisions, all of which are heavily divided, at least as to the analysis:

  • United States v. Rahimi (No. 22-915), an 8-1 decision written by the Chief Justice, holding that the Second Amendment allows the government to prohibit a person who has been found to pose a credible threat to the physical safety of another from possessing a firearm.

…
Read More Office of the United States Trustee v. John Q. Hammons Fall 2006, LLC (No. 22-1238)

We’re now at the business end of the Supreme Court’s term, with 23 decisions (and the majority of the most-watched cases) to be decided likely by next Friday. The Court made some headway on that today, issuing four opinions:

…
Read More Garland v. Cargill (No. 22-976), Becerra v. San Carlos Apache Tribe (No. 23-250)

Yesterday, the Court announced three opinions, including one that’s already making headlines:

  • In FDA v. Alliance for Hippocratic Medicine (No. 23-235), a unanimous Court held that a group of emergency-room doctors and medical associations lacked standing to challenge the FDA’s expanded approval of the abortion drug mifepristone, thereby vacating a lower-court injunction regarding the use of the drug.
  • In another significant decision, Vidal v.

…
Read More FDA v. Alliance for Hippocratic Medicine (No. 23-235), Starbucks Corp. v. McKinney (No. 23-367), Truck Insurance Exchange v. Kaiser Gypsum Co. (No. 22-1079), Coinbase, Inc. v. Suski (No. 23-3), Brown v. United States (No. 22-6389)

Yesterday, the Court issued three decisions that, while not likely to get a lot of media attention, were closely watched by lawyers in the insurance, bankruptcy, trusts and estates, and Indian law sectors:

…
Read More Connelly v. United States (No. 23-146), Cantero v. Bank of America (No. 22-529), Thornell v. Jones (No. 22-982)