LexisNexis® Legal Newsroom
High Court Considers Whether Conviction For Threats Requires An Intent Showing

WASHINGTON, D.C. — (Mealey’s) The U.S. Supreme Court on Dec. 1 heard oral arguments over whether a conviction for making threatening communications under 16 U.S. Code Section 875(c) requires a showing of intent to harm by the speaker ( Anthony Douglas Elonis v. United States of America ,...

U.S. High Court Denies Appeal In Suit Over Sept. 11 Toxic Dust Cleanup Costs

WASHINGTON, DC. — (Mealey’s) The U.S. Supreme Court on Dec. 1 rejected a petition challenging the Second Circuit U.S. Court of Appeals’ finding that defendants in a Comprehensive Environmental Response, Compensation and Liability Act (CERCLA) lawsuit can raise an “act of war”...

U.S. High Court Hears Arguments In Case Over Appealing LIBOR Suit

WASHINGTON, D.C. — (Mealey’s) A dismissal of a lawsuit by a trial court and a statement that the case was terminated render the case appealable, Thomas C. Goldstein of Goldstein & Russell in Bethesda, Md., argued Dec. 9 before the U.S. Supreme Court ( Ellen Gelboim and Linda Zacher, et...

Split U.S. Supreme Court: Only Plausible Allegation Needed In CAFA Appeal

WASHINGTON, D.C. — (Mealey's) A notice of removal filed under the Class Action Fairness Act (CAFA) requires only a plausible allegation regarding the amount in controversy exceeding the jurisdictional threshold, a split U.S. Supreme Court ruled Dec. 15 ( Dart Cherokee Basin Operating Company...

Generic Drug Failure-To-Update Preemption Ruling Won’t Be Reviewed By High Court

WASHINGTON, D.C. — (Mealey’s) The U.S. Supreme Court on Jan. 20 denied review of a California appeals court ruling that a drug company may be liable for failure to update a generic drug’s warning label ( Teva Pharmaceuticals USA Inc., et al. v. Superior Court of California, et al. ...

Payment Of Attorneys For Defending Fee Requests Debated In Supreme Court

WASHINGTON, D.C. — (Mealey’s) There is no basis in the law for categorically denying payment to lawyers for successfully defending their fee applications in bankruptcy cases, attorney Aaron M. Streett of Texas law firm Baker Botts LLP told the U.S. Supreme Court Feb. 25 in a case in which...

Equitable Tolling Applies To Suits Under Federal Tort Claims Act, Split U.S. Supreme Court Rules

WASHINGTON, D.C. — (Mealey’s) The time limits set forth for suits against the federal government in Section 2401(b) of the Federal Tort Claims Act (FTCA) are subject to equitable tolling, the U.S. Supreme Court ruled April 22 in a 5-4 decision ( United States v. Kwai Fun Wong , No. 13-1074...

U.S. High Court Accepts Appeal Of Suit Over Unsolicited Navy Texts

WASHINGTON, D.C. — (Mealey’s) The U.S. Supreme Court on May 18 agreed to hear the appeal filed in a lawsuit against a company allegedly responsible for instructing or allowing a third-party vendor to send unsolicited text messages on behalf of the U.S. Navy ( Campbell-Ewald Company v. Jose...

U.S. Supreme Court Refuses To Hear Risk-Contribution Constitutionality Case

WASHINGTON, D.C. — (Mealey’s) The U.S. Supreme Court on May 18 denied certiorari in a case in which a former maker of lead-based paint had argued that Wisconsin’s risk-contribution theory violates the due process clause of the U.S. Constitution “by eliminating any meaningful causation...

U.S. High Court Denies Review Of Last Pending Appeal Of Generic Label-Update Claim

WASHINGTON, D.C. — (Mealey’s) The U.S. Supreme Court on May 18 denied review in the last pending “failure-to-update-warnings” preemption appeal by generic drug manufacturers ( Teva Pharmaceuticals USA, Inc., et al. v. Paul E. Hassett , No. 14-705, U.S. Sup. [lexis.com subscribers...

Supreme Court Lets Stand West Virginia Ruling Striking Plaintiffs’ Tobacco Claims

WASHINGTON, D.C. — (Mealey’s) The U.S. Supreme Court on June 8 declined to review a ruling by the West Virginia Supreme Court of Appeals rejecting the claims of more than 1,000 state residents against the tobacco industry ( Ronald Accord, et al. v. Philip Morris USA Inc., et al. , No. 14...

High Court To Decide If Tribal Court Has Jurisdiction Over Claim Of Molestation

WASHINGTON, D.C. — (Mealey’s) The U.S. Supreme Court on June 15 granted certiorari in Dollar General Corp.’s petition seeking to overturn the holdings of lower courts that a tribal court has jurisdiction over a boy’s claims that he was sexually molested by a store manager while...

Supreme Court: Bankruptcy Lawyers Not Entitled To Fees For Defending Fee Requests

WASHINGTON, D.C. — (Mealey’s) The U.S. Bankruptcy Code does not allow bankruptcy courts to award fees to attorneys for successfully defending their fee applications, the U.S. Supreme Court held June 15 in a 6-3 decision, affirming a Fifth Circuit U.S. Court of Appeals ruling denying a $5...

High Court Grants Petition To Review Equitable Tolling Decision

WASHINGTON, D.C. — (Mealey’s) The U.S. Supreme Court on June 30 granted a petition for writ of certiorari filed by the Menominee Indian Tribe of Wisconsin so the court can clear up conflicting decisions in lower courts regarding equitable tolling under the Contract Disputes Act (CDA) ( Menominee...

Williams Mullen: Clean Water Rule Opens Litigation Floodgates

By A. Keith "Kip" McAlister, Jr. | With much fanfare, EPA and the Army Corps of Engineers (“Corps”) recently issued a final rule clarifying which bodies of water are “waters of the United States” protected under the Clean Water Act (“CWA”). Coming in the...

Ballard Spahr LLP: 11th Circuit: Rule 23 Trumps State Law Limitation On Class Actions

By Michael R. Carroll, Burt M. Rublin, and Neal Walters Dealing a blow to defendants facing consumer fraud litigation in the 11th Circuit, the court of appeals for that circuit has reinstated a class action under the Alabama Deceptive Trade Practice Act (ADTPA), despite that the ADTPA itself expressly...

DLA Piper: 7th Circuit: Victims Of Data Breaches Have Article III Standing To Litigate Class Action Lawsuits

By Amanda Fitzsimmons, Jim Halpert and Chelsea N. Mutual To date, an overwhelming majority of courts have dismissed data breach consumer class actions at the outset due to a lack of cognizable injury-in-fact, an essential element for standing under Article III of the U.S. Constitution. In Remijas...

Ballard Spahr LLP: 2 Federal Circuit Courts Weigh In Ahead Of Gomez

Just two months before the U.S. Supreme Court hears argument in Campbell-Ewald Co. v. Gomez , two federal circuit court panels have ruled on jurisdictional issues presented in the case. Both the Seventh Circuit in Chapman v. First Index, Inc. [ enhanced opinion available to lexis.com subscribers | Lexis...

U.S. Supreme Court To Decide Whether Omaha Reservation Boundaries Remain Intact

WASHINGTON, D.C. — (Mealey’s) The U.S. Supreme Court granted certiorari Oct. 1 to review whether the original boundaries of the Omaha Indian Reservation were reduced by an 1882 federal act such that a town in Nebraska is no longer within the reservation’s borders ( State of Nebraska...

DLA Piper LLP: Does an offer of complete relief moot a putative class action? U.S. Supreme Court hears oral argument in Campbell-Ewald Co. v. Gomez

By E. Colin Thompson The United States Supreme Court has heard oral arguments in the much-watched Campbell-Ewald Co. v. Gomez , No. 14-857, case [lexis.com subscribers may access Supreme Court briefs for this case | Lexis Advance] . . The two questions presented in Gomez that are of importance to...

U.S. Supreme Court Hears Dispute Over Tolling For Tribe’s Funding Claims

WASHINGTON, D.C. — (Mealey’s) A Native American tribe on Dec. 1 urged the U.S. Supreme Court to undo a September 2014 decision by the District of Columbia Circuit U.S. Court of Appeals that the tribe failed to establish any extraordinary circumstance that prevented them from timely filing...

U.S. Supreme Court Holds Oral Arguments In Tribal Court Jurisdiction Case

WASHINGTON, D.C. — (Mealey’s) An attorney for the Mississippi Band of Choctaw Indians told the U.S. Supreme Court Dec. 7 that by voluntarily operating on tribal land, a business owner consents to litigating private tort claims stemming from that business in tribal court ( Dollar General Corp...

U.S. High Court Will Consider Jurisdictional Debate In Xbox Suit

WASHINGTON, D.C. — (Mealey’s) The U.S. Supreme Court on Jan. 15 granted a petition for writ of certiorari filed in a suit accusing Microsoft Corp. of a selling defective Xbox consoles but limited the appeal and agreed to consider only if a federal appellate court has jurisdiction under Article...

U.S. High Court Won’t Decide ‘Clear Evidence’ In $63 Million Children’s Motrin Verdict

WASHINGTON, D.C. — (Mealey's) The U.S. Supreme Court on Jan. 19 denied a petition by Johnson & Johnson and a subsidiary to decide if denial of a citizen petition constitutes “clear evidence” that the Food and Drug Administration rejected a stronger warning about the risk of...

U.S. Supreme Court Declines To Hold Native Hawaiian Election Group In Contempt

HONOLULU — (Mealey's) The U.S. Supreme Court on Jan. 19 denied a request by challengers to an election of Native Hawaiians to find the nonprofit organization conducting the election in civil contempt of the court’s prior injunction halting the election pending appeal ( Keli’i Akina...