The Court kicked off the last week of the Term with 5 signed opinions, a per curiam decision, and a dozen cert grants and SG invites. This Update covers today’s orders as well as last week’s decision in Agency for International Development v. Alliance for Open Society Int’l, Inc. (12-10).
The Chief and Justice Scalia fought over prostitution and free speech in Agency for
Read More Agency for International Development v. Alliance for Open Society Int’l, Inc. (12-10) and Order List
The Court handed down two major employer victories in Title VII cases today: Vance v. Ball State University (11-556), in which the Court narrowly defined “supervisors,” thus limiting employer liability in workplace harassment cases; and University of Texas Southwestern Medical Center v. Nassar (12-484), holding that plaintiffs asserting retaliation claims must establish traditional “but-for” causation, rather than a lesser “motivating factor” causation standard.
Read More Vance v. Ball State University (11-556) and University of Texas Southwestern Medical Center v. Nassar (12-484)
With only a week left in the Term, the decisions are coming fast and furious. This Update will cover two of the three decisions released Thursday: American Express Co. v. Italian Colors Restaurant (12-133), reaffirming the enforceability of arbitration clauses containing a class and collective action waiver; and Descamps v. United States (11-9540), addressing when a “modified categorical” approach may be used to
Read More American Express Co. v. Italian Colors Restaurant (12-133) and Descamps v. United States (11-9540)
As promised, we’re back with the other two decisions from Monday: Alleyne v. United States (11-9335), overruling Harris v. United States (2002) and holding that facts that increase the mandatory minimum penalty for a crime must be submitted to a jury; and Salinas v. Texas (12-246), on whether prosecutors may use a defendant’s silence during a noncustodial interview as evidence of guilt. These
Read More Alleyne v. United States (11-9335) and Salinas v. Texas (12-246)
It looks like the Court is finally kicking into high gear, issuing five decisions yesterday with fourteen more to go by the end of next week. This Update will bring you FTC v. Actavis, Inc. (12-416), holding that reverse payment patent settlements are subject to antitrust scrutiny under the rule of reason, Arizona v. Inter Tribal Council of Arizona, Inc. (12-71), striking down
Read More FTC v. Actavis, Inc. (12-416), Arizona v. Inter Tribal Council of Arizona, Inc. (12-71), Maracich v. Spears (12-25) and Order List
Thursday saw the calm before the storm, as the Court kicked out four more-or-less unanimous decisions ahead of the more contentious decisions we expect in the coming two weeks. First up is the highly anticipated gene-patent decision in Association for Molecular Pathology v. Myriad Genetics, Inc. (12-398), where the Court confirmed that human DNA is not patentable. We’ll follow that with United States v.