The Court ended its Term in familiar fashion, with a blockbuster Obamacare ruling. In Burwell v. Hobby Lobby Stores, Inc. (13-354) and Conestoga Wood Specialties Corp. v. Burwell (13-356), the Court considered whether the Religious Freedom Restoration Act of 1993 (RFRA) excuses for-profit corporations that object on religious grounds from having to comply with Obamacare’s mandate that employers provide insurance coverage for their employees’
Read More Burwell v. Hobby Lobby Stores, Inc. (13-354), Conestoga Wood Specialties Corp. v. Burwell (13-356) and Order List
National Labor Relations Board v. Noel Canning (12-1281) and Harris v. Quinn (11-581)
You’ll forgive us for taking a few days to work through the last of the Court’s big end-of-Term decisions. This Update covers two of them: National Labor Relations Board v. Noel Canning (12-1281), limiting the President’s ability to make appointments during short recesses of the Senate; and Harris v. Quinn (11-681), exempting so-called partial public employees from having to contribute union dues.
The…
Read More National Labor Relations Board v. Noel Canning (12-1281) and Harris v. Quinn (11-581)
McCullen v. Coakley (12-1168) and United States v. Clarke (13-301)
The Court closed out the Term today with Burwell v. Hobby Lobby Stores (13-354), holding that closely-held corporations controlled by religious families cannot be required to provide contraception coverage for their employees, and Harris v. Quinn (11-681), holding that home-care aides paid with Medicaid funds are only partial public employees and cannot be required to contribute union dues. We’ll be back with full summaries of…
Read More McCullen v. Coakley (12-1168) and United States v. Clarke (13-301)
Utility Air Regulatory Group v. Environmental Protection Agency (12-1146), Halliburton Co. v. Erica P. John Fund, Inc. (13-317) and Riley v. California (13-132)
We’re back with three biggies: Utility Air Regulatory Group v. Environmental Protection Agency (12-1146), where the Court grappled with the EPA’s authority to regulate greenhouse gas emissions contributing to “global climate change”; Halliburton Co. v. Erica P. John Fund, Inc. (13-317), upholding plaintiffs’ ability to invoke the “fraud on the market” presumption in securities fraud class actions, but giving defendants a chance to…
Read More Utility Air Regulatory Group v. Environmental Protection Agency (12-1146), Halliburton Co. v. Erica P. John Fund, Inc. (13-317) and Riley v. California (13-132)
Pom Wonderful LLC v. Coca-Cola Co. (12-761), Loughrin v. United States (13-316), and Fifth Third Bancorp v. Dudenhoeffer (12-751)
This Update will bring you Pom Wonderful LLC v. Coca-Cola Co. (12-761), on whether a competitor may bring a Lanham Act claim based on misleading advertising where the product’s packaging complies with FDA guidelines; Loughrin v. United States (13-316), finding that specific intent to defraud a bank is not always required to state a claim under the federal bank fraud statute; and Fifth …
Read More Pom Wonderful LLC v. Coca-Cola Co. (12-761), Loughrin v. United States (13-316), and Fifth Third Bancorp v. Dudenhoeffer (12-751)
ABC v. Aereo (13-461)
For those of you not currently glued to your TV set or other screen watching US v. Germany in the World Cup, here’s a special treat: a deep dive into ABC v. Aereo (13-461) by a guest writer who worked on the case below. Of course, if you are watching the game, we welcome you to save this Update for future viewing…