Well, that was fast. In the blink of an eye last week, TikTok—the social-media platform used by over 170 million Americans but owned by a foreign company with connections to the Chinese government—went dark in the United States. This followed the Supreme Court’s per curiam decision in TikTok v. Garland (No. 24-565), upholding the “Protecting Americans from Foreign Adversary Controlled Applications Act” (PAFACA), which

Read More Supreme Court Update: TikTok, Inc. v. Garland (No. 24-656)

In Royal Canin U.S.A., Inc. v. Wullschleger (No. 23-677), the Supreme Court resolved a jurisdictional dog fight over dog food. If a plaintiff files a complaint containing state- and federal-law claims, the complaint can ordinarily be removed to federal court, and that court will have jurisdiction to resolve all the claims. But what happens if, after removal, the plaintiff eliminates the federal causes of

Read More Supreme Court Update: Royal Canin U.S.A., Inc. v. Wullschleger (No. 23-677)

In E.M.D. Sales, Inc. v. Carrera (No 23-217), the Supreme Court addressed a circuit split as to the evidentiary standard that applies when an employer argues that an employee is exempt from the minimum-wage and overtime-pay provisions of the Fair Labor Standards Act (“FLSA”). A unanimous Court agreed with the majority of lower courts that this issue should be resolved under the same “preponderance-of-the-evidence”

Read More Supreme Court Update: E.M.D. Sales, Inc. v. Carrera (No. 23-217)

A few months ago, securities litigators viewed OT24 with excitement: The Court had granted cert in not one, but two cases addressing when a complaint adequately alleged securities fraud under the Private Securities Litigation Reform Act. No more: A few weeks ago, the Court took back the first of those grants, dismissing Facebook, Inc. v. Amalgamated Bank as improvidently granted. Then last week, to the

Read More Supreme Court Update: NVIDIA Corp. v. E. Ohman J:Or Fonder AB (No. 23-970)

This week saw the first “real” decision of the term (that is, an opinion in an argued case), a unanimous affirmance in Bouarfa v. Mayorkas (No. 23-583), holding that federal courts lack jurisdiction to review the discretionary decision of U.S. Citizenship and Immigration Services (USCIS) to revoke an approved visa petition based on a so-called “sham-marriage determination.”  

Petitioner Amina Bouarfa is a U.S. citizen

Read More Supreme Court Update: Bouarfa v. Mayorkas (No. 23-584)

Before the Thanksgiving holiday, the Court issued its first “decision” in one of the 46 cases (so far) that make up its OT24 term. But just like last year, this year’s first decision was more of a decision not to decide: In Facebook, Inc. v. Amalgamated Bank (No. 23-980), the Court dismissed the case as improvidently granted in a one-sentence order with no

Read More Supreme Court Update: Facebook, Inc. v. Amalgamated Bank (No. 23-980)