Opinion analysis: Justices narrow bankrupts’ power to rescind contracts in ba...
Tuesday, May 21, 2019

Yesterday’s opinion in Mission Product Holdings Inc. v. Tempnology, LLC resolved a long-standing disagreement in the lower courts about what happens when a debtor exercises its statutory right to reject a contract in bankruptcy. Section 365 of the Bankruptcy Code gives the debtor an explicit righ... .. read more..

Opinion analysis: Clarity on “clear evidence” of drug pre-emption?
Tuesday, May 21, 2019

In Merck Sharpe & Dohme v. Albrecht, the Supreme Court yesterday issued the latest in its burgeoning canon of drug pre-emption cases, offering clarity on the procedure for deciding pre-emption defenses, but little additional elucidation on the contours of those defenses. The court first held ... .. read more..

Opinion analysis: Court rejects issue preclusion in affirming Crow Tribe’s tr...
Monday, May 20, 2019

In Herrera v. Wyoming, the Supreme Court today overruled the Wyoming courts and held that the Apsáalooke Nation, also known as the Crow Tribe, retains its treaty-guaranteed right to hunt on unoccupied lands outside its reservation. Although the case turned on complicated questions of precedent an... .. read more..

Tom Goldstein and David Savage talk through abortion, precedent and the Supre...
Monday, May 20, 2019

In this week’s episode of SCOTUStalk, Amy Howe of Howe on the Court briefly covers the latest Supreme Court news before speaking with Tom Goldstein of SCOTUSblog and David Savage of the Los Angeles Times about abortion and recent legislation aimed at overturning Roe v. Wade. The post Tom Goldstei... .. read more..

Justices grant bankruptcy petition
Monday, May 20, 2019

This morning the Supreme Court issued orders from the justices’ private conference last week. The justices added one new case to their merits docket for next term: Ritzen Group v. Jackson Masonry, a bankruptcy case. The filing of a petition for bankruptcy creates an “automatic stay” – a freeze on... .. read more..

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