Opinion analysis: Justices reject limitations on enforcement of arbitration a...
Tuesday, June 2, 2020

GE Energy Power Conversion France SAS v Outokumpu Stainless USA is a bit different from the typical Supreme Court arbitration case. Most of those cases involve a predispute arbitration agreement between a consumer and a business, in which a lower court has found some reason to allow the consumer ... .. read more..

Opinion analysis: Federal courts can review factual findings of a Convention ...
Monday, June 1, 2020

In a narrow, textualist decision, the Supreme Court today agreed with Nidal Khalid Nasrallah that a federal court of appeals has jurisdiction to review, albeit deferentially, the factual basis of the Board of Immigration Appeals’ denial of his claim that he qualifies for protection under the Conv... .. read more..

Opinion analysis: Supreme Court protects defined-benefit plan fiduciaries fro...
Monday, June 1, 2020

In a 5-4 decision, the Supreme Court held in Thole v. U.S. Bank that participants and beneficiaries in defined-benefit plans do not have the legal right, known as standing, to assert fiduciary breach claims, at least in the absence of catastrophic plan and sponsor failure. James Thole and Sherry ... .. read more..

Justices will not review challenge to mandatory bar dues
Monday, June 1, 2020

This morning the Supreme Court issued orders from the justices’ private conference last Thursday. The justices did not add any new cases to their merits docket for the fall. They did not act on the group of cases challenging federal and state gun restrictions or the group of cases asking the just... .. read more..

Opinion analysis: After a long wait, a unanimous court upholds Puerto Rico ov...
Monday, June 1, 2020

In 2016, Congress passed the Puerto Rico Oversight, Management, and Economic Stability Act (PROMESA). The law created a seven-member board tasked with bringing financial stability back to the island. But when the board began proceedings in federal court to restructure Puerto Rico’s massive debt, ... .. read more..

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