Sizing up the Supreme Court’s 2018 docket

Sizing up the Supreme Court’s 2018 docket

The Supreme Court once again has a docket filled with cases that could make big waves in the culture wars or reshape everyday practice for a wide variety of lawyers. Here is the Law360® look at the upcoming term, drawn from coverage across our newswires.

Up Next at the High Court: NLRB, Immigration & Plea Waivers by Jimmy Hoover
The Federal Arbitration Act, immigrant rights and a novel question about plea waivers are among the issues the U.S. Supreme Court will tackle when the justices return to the bench Monday for the first oral argument session since April. Here, Law360 previews the week’s arguments.

Supreme Court Competition Appeals to Watch by Eric Kroh
The U.S. Supreme Court on Monday will be considering whether to review a Second Circuit decision siding with American Express® over the company’s anti-steering rules and mulling other appeals in antitrust litigation.

7 Employment Cases to Watch at the Supreme Court by Vin Gurrieri
The U.S. Supreme Court’s new term will kick off with arguments over whether mandatory arbitration agreements that force workers to sign away their class action rights are legal under federal labor law, and give the justices a chance to decide whether to tackle several other hot-button employment law issues, such as whether Title VII protects workers from discrimination based on their sexual orientation.

Supreme Court Petitions Energy Lawyers Should Watch by Keith Goldberg
While the U.S. Supreme Court’s docket for its upcoming term isn’t brimming with energy cases, the justices are poised to decide whether several suits with potentially significant ramifications for the energy industry—including disputes over the U.S. Environmental Protection Agency’s air enforcement authority and a municipal utility’s ability to dodge an antitrust suit—are worthy of high court review.

What Enviro Lawyers Should Be Watching at the High Court by Juan Carlos Rodriguez
A new U.S. Supreme Court term kicks off next month, setting the stage for the justices to hear a closely watched battle over where challenges to the Obama Administration’s controversial Clean Water Rule should be filed, as well as decide whether to review a slew of other environmental cases involving questions such as tribal groundwater rights and endangered species protections.

Key Immigration Cases to Watch at the Supreme Court by Allissa Wickham
With the U.S. Supreme Court starting its new term next week, the justices will immediately hear arguments in two major immigration cases, while uncertainty continues to swirl around the travel ban appeals. Here’s a refresher on the big upcoming immigration cases.

IP Cases to Watch at the Supreme Court by Ryan Davis
The U.S. Supreme Court will soon hear two patent cases, including a potential game-changer that could abolish America Invents Act reviews, and might take up several other intellectual property cases this term dealing with patent damages and injunctions. Here’s a look at the high court’s IP docket for the upcoming term.

Supreme Court Petitions to Watch in Native American Law by Andrew Westney
The U.S. Supreme Court has so far agreed to hear only one case in its upcoming term directly impacting a Native American tribe, but a clutch of intriguing petitions that could have major impacts on tribal interests could still earn a review by the justices.

Privacy Fights to Watch as Supreme Court Term Begins by Allison Grande
The U.S. Supreme Court already has one blockbuster privacy case on its docket for the upcoming term, which has the potential to reshape the way the government and private companies use individuals’ location data, and more may be added as the high court decides whether to take on other hot-button issues such as law enforcement’s ability to access data stored overseas and the standing split sparked by its Spokeo® decision.

Justices Could Reshape Securities Law Without Blockbuster by Evan Weinberger
The U.S. Supreme Court’s docket includes three cases that could go some way toward redefining the legal framework for the securities industry, including one that could change the way companies disclose potentially damaging information, another on lawsuit venues and a third on whistleblower protections.

High Court Stance on Sports Betting Could Reshape Industry by Zachary Zagger
All eyes in the sports world should be on the U.S. Supreme Court this term, which commences Monday, as the court reviews a federal law that prohibits states from allowing sports betting in a case that could dramatically change the North American sports industry.

5 Tax Fights to Watch in the Supreme Court by Vidya Kauri
The U.S. Supreme Court is facing a number of headline-grabbing tax cases that could change the landscape of unclaimed property laws, restrict the government’s prosecutorial power under a section of the federal tax code and upend sales tax laws pertaining to the online marketplace.

 

Expert Analysis


Class Waivers at the High Court: The FAA’s Mandate by Eddie Berbarie and Rob Friedman, Littler Mendelson P.C.
Employers across the country are looking to the Federal Arbitration Act and the U.S. Supreme Court’s upcoming review of three pending cases to preserve the benefits of bilateral arbitration in the employment context.