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Litigation Update

Recent Activity

Litigation UpdateJan 07, 2019 - 10:00am

U.S. Supreme Court issues unanimous arbitration decision, reaffirming that courts must enforce arbitration contracts according to their terms and thus cannot create unwritten exceptions to the Federal Arbitration Act

The U.S. Supreme Court issued a unanimous opinion in Henry Schein, Inc. v. Archer & White Sales, Inc., reaffirming that courts must enforce arbitration contracts according to their terms and thus cannot create unwritten exceptions to the Federal Arbitration Act. The decision rejects the “wholly groundless” exception to enforcement of an arbitration agreement, finding it inconsistent with the terms of the Federal Arbitration Act.

Litigation UpdateJan 01, 2019 - 1:45pm

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Litigation UpdateDec 20, 2018 - 4:30pm

Blog post: Frank v. Gaos and the importance of actual injury

In a welcome development, a case that was supposed to be about cy pres settlements has turned into one about the viability of no-injury class actions. The Supreme Court granted cert. in Frank v. Gaos to consider the permissibility of cy pres settlements, which provide no direct relief to class members but instead benefit charitable entities and enrich class counsel. While observers generally expected the Court to restrict or even bar the use of such settlements, an interesting thing happened: the Court realized that the case presents a serious standing problem and requested supplemental briefing from the parties and the United States on that topic.

Daryl Joseffer

Litigation UpdateNov 27, 2018 - 10:00am

U.S. Supreme Court rules in favor of Weyerhaeuser in challenge to government’s designation of private land as “critical” habitat under the Endangered Species Act

The Supreme Court unanimously ruled in favor of Weyerhaeuser in a case concerning whether the government could designate private land in Louisiana as “critical habitat” for an endangered species—the “dusky gopher frog”—even though the land is not currently habitat (we understand no frogs have lived there since 1965) and apparently could not be habitat without significant alteration.

Litigation UpdateJul 26, 2018 - 1:30pm

Government dismisses own appeal from Chamber victory against IRS rule used to block certain corporate mergers

The Fifth Circuit granted the Government’s motion to dismiss its own appeal from the Chamber’s historic 2017 victory against the IRS’s rule under Section 7874 of the Internal Revenue Code that was used to block certain corporate mergers.

Litigation UpdateJun 25, 2018 - 4:15pm

U.S. Chamber and industry groups move to intervene in support of New Source Review guidance

The U.S. Chamber, with a coalition of business groups, filed a motion to intervene in support of the EPA in a D.C. Circuit case seeking to vacate a final rule issued by the EPA titled, “Project Emissions Accounting Under the New Source Review [NSR] Preconstruction Permitting Program.”

Litigation UpdateJun 21, 2018 - 1:30pm

Supreme Court holds SEC violated Constitution in appointing administrative law judges

The Supreme Court issued a favorable 6-3 decision in Lucia v. SEC, holding that the Securities and Exchange Commission (SEC) violated the Appointments Clause of the Constitution in naming administrative law judges (ALJs) to decide enforcement proceedings before the SEC.

Litigation UpdateJun 14, 2018 - 2:30pm

Supreme Court issues favorable decision in antitrust case concerning Chinese price fixing

The Supreme Court issued a unanimous decision in Animal Science Products, Inc. v. Hebei Welcome Pharmaceutical Co., holding that the lower court erred when it deferred to the assertion by the Ministry of Commerce (MOFCOM) of the People’s Republic of China that Chinese law required Chinese companies to engage in price fixing of products exported to the United States.

Litigation UpdateJun 11, 2018 - 11:45am

Supreme Court issues favorable decision on statute of limitations and class actions

The Supreme Court issued a favorable decision for the business community in China Agritech, Inc. v. Resh, ruling unanimously that a plaintiff may not bring a new class action beyond the applicable statute of limitations period where a previous class action had been dismissed.

Litigation UpdateMay 21, 2018 - 11:00am

Supreme Court affirms validity of employment arbitration agreements that include class waivers

The Supreme Court issued its long awaited decision in a trilogy of cases addressing whether the National Labor Relations Act (NLRA) bars arbitration provisions in employment contracts that include class action waivers.