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Supreme Court: 2012 - 2013

Baker Hostetler: U.S. Supreme Court Considers Arbitration Clauses and Class Actions Next Year

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U.S. Supreme Court Considers Arbitration Clauses and Class Actions Next Year [Oxford Health Plans LLC v. Sutter]

Baker Hostetler
December 19, 2012
1 page

Supreme Court 2012-2013

McDermott Will & Emery: Supreme Court Unanimously Upholds Creditability of UK Windfall Tax

May 23, 2013 PPL Corp. v. Commissioner: SCOTUS Cites Economic Substance of UK Tax; Allows Foreign Tax Credit

Ropes & Gray: U.S. Supreme Court to Review Burden of Proof to Apply in Patent Licensee Challenges [Medtronic Inc. v. Boston Scientific Corp]

May 23, 2013 Supreme Court 2012 - 2013

Sutherland: Supreme Court Unanimously Rules in Favor of Taxpayer, Holds U.K. Windfall Tax Creditable

May 23, 2013 PPL Corp. v. Commissioner: SCOTUS Cites Economic Substance of UK Tax; Allows Foreign Tax Credit

Genesis HealthCare Corp. v. Symczyk: Moot Claim Bars FLSA Collective Action

Locke Lord: Recent U.S. Supreme Court Decision Addresses Offers of Judgment in FLSA Collective Actions

Pillsbury: Employers May Be Able to “Pick Off” Named Plaintiffs in FLSA Collective Actions

Crowell & Moring: Supreme Court Holds that FLSA Collective Action Must be Dismissed Because Named Plaintiff’s Claims Became Moot After Her Rejection of Offer of Judgment

McCutchen: Terms of Benefit Plan Trump Equitable Doctrines

Davis Wright Tremaine: ERISA Litigation Alert: Check Your Plan Subrogation and Reimbursement Language to Eliminate “Contractual Gaps”

Jones Day: US Airways v. McCutchen: When Silence Is Not Golden

Nixon Peabody: Supreme Court upholds plan terms that require reimbursement of participant's recovery from third party

Decker v. NEDC: SCOTUS on Stormwater Runoff

Crowell & Moring: Stormwater Report: Supreme Court Holds That Stormwater Discharges From Logging Roads Do Not Require Clean Water Act Permits; Federal District Court Rejects a Similar Stormwater Citizen Suit Against A Utility

Cozen O'Connor: Supreme Court Willing to Reconsider Deference to Administrative Agencies

Latham & Watkins: Rethinking the Point/Nonpoint Source Distinction for Stormwater Permits

Standard Fire Insurance Co. v. Knowles: Plaintiffs Fail to Duck CAFA's Amount in Controversy Bar

Akin Gump: New Supreme Court Decisions Reinforce Barriers to Class Certification

Morgan Lewis: CAFA Jurisdiction Cannot Be Evaded by Limiting Amount in Controversy

K&L Gates: Classy Move: The Supreme Court Rebuffs Class Action Forum Manipulation

Clapper v. Amnesty Int'l: Privacy Suit Lacks Standing

Wilson Elser: Supreme Court's New Ruling May Bolster Defense of Data Breach and Privacy Cases

Venable: The Impact Of The Supreme Court’s Recent Decision In Clapper v. Amnesty International USA On Privacy and Data-Security Litigation

Edwards Wildman: US Supreme Court Limits Standing to Sue in a Case that will Likely Impact Privacy and Data Breach Plaintiffs

Marx v. General Revenue Corp: SCOTUS Rules on FDCPA Litigation Costs

Barnes & Thornburg: Supreme Court Upholds Ability of Successful FDCPA Defendant to Recover Costs

K&L Gates: Careful What You Wish For - United States Supreme Court Rules That Prevailing Defendants in FDCPA Cases May Recover Costs Without Having to Show That Case Was Brought in Bad Faith

Ballard Spahr: Prevailing Defendant Can Recover Costs in FDCPA Suit Not Filed in Bad Faith, Supreme Court Rules

Amgen: SCOTUS Rules on Materiality Requirements for Fraud-on-the-Market Actions

Willkie Farr & Gallagher: Back To Basic: Proof of Materiality Not Needed To Trigger The Fraud-On-The-Market Presumption of Reliance

Jones Day: Securities Litigation Defense Implications from the Supreme Court's Amgen Opinion

Baker Botts: Supreme Court Holds Proof of Materiality Not Necessary to Certify a Rule 10b-5 Class

Gunn v. Minton: SCOTUS Narrows Federal Jurisdiction For Patent Malpractice Actions

Bingham: Unanimous Supreme Court Narrows “Arising Under Patent Laws” Jurisdiction [Gunn v. Minton]

Winston & Strawn: Supreme Court Holds That Malpractice Claims Against Patent Lawyers Generally Belong in State Court

Cooley: Gunn v. Minton: The Supreme Court Decides That Federal Courts Do Not Have Exclusive Jurisdiction Over State Law Legal Malpractice Claims Arising Out Of Patent Actions

Gabelli v. SEC: SCOTUS Clarifies Limitations Period for Federal Enforcement Actions

Paul Hastings: US High Court Decision Will Hasten SEC Enforcement Actions

Cozen O'Connor: Gabelli v. SEC: The Supreme Court Limits the Statute of Limitations for SEC Actions

Latham & Watkins: Supreme Court Rejects Discovery Rule on Statute of Limitations for Government Enforcement Actions Seeking Civil Penalties

FTC v. Phoebe Putney Health: Supreme Court Limits State Action Immunity

Nixon Peabody: Supreme Court narrows state action doctrine to allow FTC to challenge Georgia Hospital Authority merger

Skadden: Impact of 'Phoebe Putney': What's Old is New Again

Alston & Bird: Supreme Court Limits Antitrust Immunity Under the State Action Doctrine

Assoc. for Molecular Pathology v USPTO: In Reversal, Federal Circuit Holds DNA Patentable Subject Matter

Venable: Supreme Debate: Are Human Genes Patentable?

Winston & Strawn: U.S. Supreme Court Holds Oral Arguments on the Patent Eligibility of Isolated DNA Sequences

Bracewell & Giuliani: Batting Practice with DNA Patents at the U.S. Supreme Court

Nitro-Lift Technologies: FAA Trumps State Laws That Would Prohibit Arbitration

Vinson & Elkins: Supreme Court Rebukes Oklahoma Supreme Court for Failing to Enforce Arbitration Agreement

Pepper Hamilton: U.S. Supreme Court Orders State Court to Adhere to Federal Arbitration Act and Compel Arbitration

Baker Hostetler: Arbitrators, Not Judges, Must Decide Whether Noncompetes Are Enforceable if There is an Arbitration Clause, Says U.S. Supreme Court

In Re: American Express Merchants & Enforceability of Class Action Waivers in Arbitration Agreements

Bryan Cave: Supreme Court Appears Split on Enforceability of Antitrust Class Action Waivers

Sutherland: Arbitration and Class Action Waiver Issues Again Before the Supreme Court

Ballard Spahr: Pro-Arbitration Ruling Likely from Supreme Court [Italian Colors Restaurant v. American Express Travel Related Services Co]

Vance v. Ball State & Supervisor Liability

Jackson Lewis: Case before U.S. Supreme Court May Broaden Definition of ‘Supervisor’ [Vance v. Ball State University]

Seyfarth Shaw: Supreme Court Hears Oral Argument in Vance v. Ball State University

Seyfarth Shaw: The U.S. Supreme Court To Revisit The Scope Of The Faragher/Ellerth Supervisor Liability Rule [Vance v. Ball State University]

Comcast v. Behrend: SCOTUS on Expert Evidence at Class Certification Stage

Skadden: 'Comcast Corp. v. Behrend': Yet More Rigor for Certifying Class Actions

Cahill: Supreme Court Articulates Rigorous Standard for Class Certification

Weil: 'Comcast v. Behrend': Bigger Than We Thought at First Blush?