Vandeventer Black LLP: U.S. Supreme Court Establishes Enforceability Of Forum-Selection Clauses

By James Rixey In a recent decision, the U.S. Supreme Court established that contractual forum-selection clauses deserve near absolute deference and should be enforced in all but the most exceptional cases when deciding transfer of venue under 28 U.S.C. § 1404(a) [ enhanced opinion available...

U.S. Supreme Court Denies Cert For Makers Of Allegedly Defective Washing Machines

WASHINGTON, D.C. — (Mealey’s) The U.S. Supreme Court on Feb. 24 denied two petitions for writ of certiorari filed by Sears Roebuck and Co. and Whirlpool Corp. in relation to rulings that granted class certification for various purchasers of front-loading washing machines who allege that a...

High Court Hears Arguments On EPA’s Ability To Regulate Greenhouse Gases

WASHINGTON, D.C. — (Mealey’s) The U.S. Supreme Court on Feb. 24 heard oral arguments on whether the U.S. Environmental Protection Agency overstepped its bounds by regulating greenhouse gas emissions from stationary sources such as power plants ( Utility Air Regulatory Group v. U.S. Environmental...

State Net Capitol Journal: U.S. High Court Refuses To Hear Gun Control Cases

The U.S. Supreme Court disappointed gun-rights advocates last month by refusing to hear three lower court rulings rejecting challenges to federal and state gun-control laws. Petitioners, which included the National Rifle Association, were seeking to overturn laws they contend are in conflict with the...

Supreme Court Upholds $185 Million UNCITRAL Award Against Argentina

WASHINGTON, D.C. — (Mealey’s) After finding that arbitrators had the authority to determine whether a precondition to arbitration in an investment dispute was met, the U.S. Supreme Court on March 5 reversed an appeals court ruling that vacated an order confirming a $185,285,485.85 award issued...

High Court Hears Oral Argument In Securities Fraud Class Action

WASHINGTON, D.C. — (Mealey’s) The U.S. Supreme Court on March 5 heard oral arguments in a securities class action lawsuit seeking a determination as to whether the Supreme Court should overturn or limit its holding in Basic Inc. v. Levinson (485 U.S. 224 [1988] [ enhanced opinion available...

Supreme Court Holds Severance Payments Are Taxable Wages

WASHINGTON, D.C. — (Mealey’s) Severance payments fall within the definition of wages in the Federal Insurance Contributions Act (FICA) and are taxable, the U.S. Supreme Court ruled March 25 ( United States of America v. Quality Stores, Inc., et al. , No. 12-1408, U.S. Sup. [ enhanced opinion...

In Copyright Infringement Action, U.S. Supreme Court Review Sought To Determine Damages When Profits Are Fixed, Such As In A WrestleMania Event

Anthony Dash, a musician, asserted that he was entitled to damages for copyright infringement after Floyd Mayweather, Jr. used a song written by Dash when he entered an arena during a WrestleMania XXIV event. Dash contended that he was never informed that the song, with lyrics added, was going to be...

Ballard Spahr LLP: Supreme Court Rules That Severance Payments Are Subject To FICA Taxes

By Wendi L. Kotzen, Timothy F. McCormack, and Christopher A. Jones The U.S. Supreme Court has unanimously held that payments of supplemental unemployment benefits (SUB payments) are taxable wages subject to FICA tax withholding. The Court’s decision in United States v. Quality Stores, Inc. ...

Bankruptcy Debtor Sought U.S. Supreme Court Review After Notice Was Not Given To Its Shareholders When ‘Conan The Barbarian’ Stock Was Sold

On March 19, 2014, Stan Lee Media, Inc., a bankruptcy debtor, filed a petition for writ of certiorari in the U.S. Supreme Court. The debtor sought to protect the rights of its shareholders. It alleged that a portion of its stock that related to the copyrights and intellectual property of “Conan...

Ballard Spahr LLP: Supreme Court’s Campaign Contribution Decision To Have Substantial Impact

By Joseph A. Kanefield, Brunn (Beau) Roysden, and Lindsay D. Breedlove | Pundits have alternatively saluted and denounced the U.S. Supreme Court’s decision last week striking down aggregate campaign contribution limits as unconstitutional. Few, however, have addressed the decision’s impact...

Ballard Spahr LLP: Supreme Court To Decide Evidentiary Requirements for Removal Notices in Class Actions

By Burt M. Rublin and Jonathan E. Selkowitz The U.S. Supreme Court has agreed to review the issue of what, if any, evidence a defendant must present in a notice of removal to remove a case to federal court based on the Class Action Fairness Act (CAFA). In granting the petition for a writ of certiorari...

Company, Government Tell High Court That Landowners’ Claims Are Time-Barred

WASHINGTON, D.C. — (Mealey’s) Attorneys for CTS Corp. and the U.S. Department of Justice told the U.S. Supreme Court April 23 that a Fourth Circuit U.S. Court of Appeals ruling reinstating a lawsuit brought by landowners asserting claims under the Comprehensive Environmental Response, Compensation...

Supreme Court Reverses Ruling Giving States Second Chances At Emissions Plans

WASHINGTON, D.C. — (Mealey’s) In a 6-2 ruling, the U.S. Supreme Court on April 29 reversed a District of Columbia Circuit U.S. Court of Appeals decision that states are excused from adopting implementation plans prohibiting emissions that “contribute significantly” to air pollution...

3rd Circuit Says Design Defect Claims For Generic Fosamax Are Preempted

PHILADELPHIA — (Mealey’s) Strict liability design defect claims involving generic versions of the osteoporosis drug Fosamax are preempted by federal law despite plaintiffs’ attempts to narrow U.S. Supreme Court case law, a panel of the Third Circuit U.S. Court of Appeals ruled April...

United States Supreme Court Remands Patent Case For Review As To Whether Terms In The Patent Are Sufficiently Define Under The Patent Act

The United States Supreme Court, on June 2, 2014, handed down the opinion in the case of Nautilus Inc. v. Biosig Instruments, Inc, 13-369 . Biosig Instruments, Inc. (Biosig) held a patent for a heart rate monitor and filed a patent infringement action against Nautilus, Inc. (Nautilus) that claimed that...

U.S. Supreme Court Holds That The Comprehensive Environmental Response Compensation And Liability Act Does Not Preempt A State’s Statute Of Repose

Monday, June 9, 2014, the United States Supreme Court released the decision in the case of CTS Corporation v. Peter Waldburger, et al . The case involved a tort action brought for damages that arose from the release of a hazardous substance, pollutant, or contaminant into the environment. CTS sold...

U.S. Supreme Court: FSIA Does Not Limit Scope Of Post-Judgment Discovery

WASHINGTON, D.C. — (Mealey’s) The U.S. Supreme Court on June 16 held 7-1 that the Foreign Sovereign Immunities Act (FSIA) does not shield the Republic of Argentina from post-judgment discovery requests issued by a debt collection company seeking information about the country’s extraterritorial...

U.S. Supreme Court: Employee Speech Before Grand Jury Is Protected

WASHINGTON, D.C. — (Mealey’s) An employee’s testimony before a federal grand jury was protected under the First Amendment to the U.S. Constitution because he spoke as a citizen on a matter of public concern, not pursuant to his job responsibilities, a unanimous U.S. Supreme Court ruled...

U.S. Supreme Court Won’t Hear Drug Pump Adverse Event Preemption Case

WASHINGTON, D.C. — (Mealey’s) The U.S. Supreme Court on June 23 let stand a federal appeals court ruling that there is no preemption of a claim that medical device manufacturer Medtronic Inc. violated its duty under federal law to report adverse events to the Food and Drug Administration...

U.S. Supreme Court Rejects Saudi Arabia’s Appeal Disputing Reopening Of 9/11 Suit

WASHINGTON, D.C. — (Mealey’s) The U.S. Supreme Court on June 30 refused to hear the Kingdom of Saudi Arabia’s appeal of the Second Circuit U.S. Court of Appeals’ finding that a lower federal court erred in denying insurers’ motion to reopen a judgment that dismissed sovereign...

Federal Food, Drug, And Cosmetic Act Did Not Preclude Lanham Act Challenge That Asserted That Labeling, Marketing, And Advertising Was Misleading

On June 12, 2014, the United States Supreme Court decided the case of POM Wonderful LLC v. Coca-Cola Co., 189 L. Ed. 2d 141 (U.S. 2014) . POM Wonderful, LLC (POM) filed its initial action against Coca-Cola asserting that the labeling, marketing, and advertising for one of Coca-Cola’s juice blends...

Norton Rose Fulbright: Supreme Court Addresses Indefiniteness In Nautilus

Claim must ‘inform with reasonable certainty’ By Tamsen Barrett On Monday, June 2, 2014, the Supreme Court articulated its standard for indefiniteness under 35 USC §112, second paragraph and held that 35 USC §112, second paragraph requires that "a patent's claims...

Norton Rose Fulbright: CERCLA's Federal Discovery Rule Does Not Preempt State Statutes Of Repose

By Janet L. McQuaid , Michael P. Gaetani , Joshua Snyder , and Jennifer Blair Caplan . . . [T]he United States Supreme Court held in CTS Corp. v. Waldburger 1 that Section 9658 of CERCLA 2 does not preempt state statutes of repose that set a time frame after which a potential defendant is no longer...

Cadwalader Clients & Friends Memo: FERC Versus State Authorities: Supreme Court Agrees to Review ONEOK v. Learjet

On July 1, 2014, the U.S. Supreme Court granted a petition to hear an appeal by several companies contending that antitrust claims filed against them under state law over alleged manipulation of gas prices during the western energy crisis from 2000 to 2002 were precluded by the Natural Gas Act (“...