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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 Affirms Availability Of Tax Credits In ACA Federal Exchange

WASHINGTON, D.C. — (Mealey’s) The Patient Protection and Affordable Care Act (ACA)’s structure suggests the availability of tax subsidies in the federal exchange, and Congress could not have intended the state insurance market “death spirals” likely to result from barring...

Williams Mullen: Supreme Court Upholds ACA Premium Assistance Nationwide

By: Brydon M. DeWitt This morning [June 25], the Supreme Court ruled that Affordable Care Act (ACA) premium tax credits will remain available to individuals residing in states that did not establish their own health insurance marketplaces. In King v. Burwell , the Supreme Court analyzed ACA statutory...

DLA Piper: Supreme Court Upholds ACA Subsidies

By Anne Pachciarek and Rita M. Patel | On June 25, the US Supreme Court issued a 6-3 opinion in King v. Burwell upholding the Affordable Care Act’s subsidy scheme [ enhanced opinion available to lexis.com subscribers ] [lexis.com subscribers may access Supreme Court briefs for this case ...

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...

Mata v. Lynch: The 5th Circuit Can't Sidestep Jurisdiction To Avoid Review of BIA Denial of Late Motion to Reopen Based on Ineffective Assistance of Counsel

By Jill Apa | The issue in Mata v. Lynch is whether circuit courts can review a BIA decision denying a late motion to reopen removal proceedings based on an allegation of ineffective assistance of counsel. The Fifth Circuit had said no, disagreeing with all the other circuits that had addressed that...

Kerry v. Din: The Supreme Court's ‘Other Marriage Decision’ Preserves Status Quo in Visa Denials, Leaves Tangled Trail for Lower Courts To Follow

By Andrew Haile | On June 25, 2015, Five members of the U.S. Supreme Court in Kerry v. Din agreed on one thing: U.S. citizen Fauzia Din had no right to understand why her husband's immigrant visa had been denied [ enhanced opinion available to lexis.com subscribers | Lexis Advance ] [lexis.com...

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...

Mellouli v. Lynch Decision: You Can't Be Deported For Possessing Only A Sock

By Zelda Howell Moones Mellouli was removed because he was convicted of having drug paraphernalia: a sock, in which he had tablets of Adderall. But the conviction record did not identify what he had in the sock, and the state list of controlled substances does not match the federal list. So, was it...

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 Energy Report: U.S. Supreme Court Hears Arguments On FERC Rule

This regular publication by DLA Piper lawyers focuses on helping clients navigate the ever-changing business, legal and regulatory landscape. • Supreme Court hears “demand-response” arguments on FERC rule. On October 14, the US Supreme Court heard oral arguments...

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...

Troutman Sanders LLP: Supreme Court Hears Oral Arguments for FERC’s Demand Response Rule

On October 14, 2015, the U.S. Supreme Court heard oral arguments in Electric Power Supply Ass’n v. FERC regarding FERC Order No. 745, “Demand Response Compensation in Organized Wholesale Energy Markets” [lexis.com subscribers may access Supreme Court briefs for this case | Lexis Advance...

Troutman Sanders LLP: Supreme Court Grants Certiorari of Cases Involving FERC’s Authority Over State Capacity Programs

On October 19, 2015, the United States Supreme Court (“Supreme Court”) granted certiorari for a consolidated case involving the limits of FERC’s jurisdiction when regulating state capacity programs. The cases— Hughes v. PPL EnergyPlus, LLC and CPV Maryland, LLC v. PPL EnergyPlus...

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...

News Excerpts From the July 15, 2016, Bender’s Immigration Bulletin

Review of Supreme Court Activity | In the last weeks of the 2015 term, the U.S. Supreme Court issued a decision, a nondecision, and two grants of certiorari in cases that apply to immigration. The nondecision was in United States v. Texas , 2016 U.S. LEXIS 4057, in which the entire June 23 decision...