argument-preview-justices-to-consider-dispute-over-tax-credits-for-scholarships

Argument preview: Justices to consider dispute over tax credits for scholarships

Editor’s Note: An earlier version of this post ran on September 16, 2019, as an introduction to this blog’s symposium on Espinoza v. Montana Department of Revenue, as well as at Howe on the Court, where it was originally published. Montana State Capitol Two and a half years ago, the Supreme Court ruled that Missouri’s policy of excluding churches from a…
argument-analysis-justices-dubious-about-blanket-willfulness-requirement-for-requiring-trademark-infringers-to-disgorge-profits

Argument analysis: Justices dubious about blanket “willfulness” requirement for requiring trademark...

Counsel faced an active bench yesterday when they presented arguments in Romag Fasteners, Inc. v Fossil, Inc. The case arises under the federal Lanham Act, which establishes various remedies for the infringement of trademarks. As explained in more detail in my preview, the question in the case is whether the Lanham Act remedy that obligates…
opinion-analysis-justices-punt-on-liability-of-insiders-for-mismanagement-of-pension-plans-that-invest-in-employer-stock

Opinion analysis: Justices punt on liability of insiders for mismanagement of...

My analysis of the November argument in Retirement Plans Committee of IBM v. Jander suggested that the justices were not yet settled on a consensus resolution to this case. What we learned this morning is that they would rather let the court of appeals take another look at the matter than resolve it directly. Jander…
opinion-analysis-justices-validate-immediate-appeals-of-bankruptcy-orders-denying-relief-from-the-automatic-stay

Opinion analysis: Justices validate immediate appeals of bankruptcy orders denying relief...

Ritzen Group v. Jackson Masonry is one of those uncommon cases in which the argument left little doubt about how the justices would rule. I often think that arguments suggest a likely outcome, but rarely am I certain enough about a “lean” to predict a particular result in a post summarizing the argument. I took…
argument-analysis-justices-tackle-convictions-arising-from-bridgegate-scandal

Argument analysis: Justices tackle convictions arising from “Bridgegate” scandal

It has been nearly six and a half years since allies of Chris Christie, then the governor of New Jersey, created gridlock on the streets of Fort Lee by eliminating two of the three lanes on the George Washington Bridge reserved for drivers accessing the bridge from the New Jersey city. William Baroni, whom Christie…
argument-analysis-justices-concerned-about-the-practical-impact-of-defense-preclusion

Argument analysis: Justices concerned about the practical impact of “defense preclusion”

Res judicata, which includes both issue preclusion and claim preclusion, is a common-law doctrine meant to discourage repetitive litigation, preserve judicial resources and protect the finality of judgments. Although there are general principles that govern the applicability of res judicata, courts also consider the unique facts of a given case in deciding whether a party…
argument-preview-justices-to-mull-use-of-equitable-estoppel-to-compel-arbitration-between-parties-in-international-commercial-dispute

Argument preview: Justices to mull use of equitable estoppel to compel...

The United Nations Convention on the Recognition and Enforcement of Foreign Arbitral Awards It is a slow year for arbitration when the justices can get all the way to the second week of the January argument session before hearing their first arbitration dispute of the term. But that is where we are with GE Energy…
argument-preview-category-is-the-categorical-approach

Argument preview: Category is: the categorical approach

Shular v. United States is a case about the reach of the now infamous categorical approach to the Armed Career Criminal Act. ACCA imposes higher sentences on repeat offenders who are convicted of gun-related crimes. Under the categorical approach, courts look to the elements of the crime rather than a defendant’s actual conduct to decide…
argument-analysis-the-court-once-again-considers-the-relevance-of-historic-trust-law-in-an-employee-benefits-case

Argument analysis: The court once again considers the relevance of historic...

The justices’ questions in yesterday’s argument in Thole v. U.S. Bank addressed 15th-century trust law, the risk of being hit by a meteorite and practical concerns with being able to identify the risk of loss of pension benefits. At issue is whether participants and beneficiaries in fully funded defined-benefit plans have standing to sue plan…
argument-preview-what-counts-as-discrimination-based-on-age

Argument preview: What counts as discrimination “based on” age?

President Lyndon B. Johnson signing the Age Discrimination in Employment Act The Age Discrimination in Employment Act requires that federal agencies’ “personnel actions affecting employees … who are at least 40 years of age … shall be made free from any discrimination based on age.” In Babb v. Wilkie, the Supreme Court will decide whether…