Opinion analysis: Justices uphold arbitration exemption for transportation wo...
Tuesday, January 15, 2019

Arbitration month at the Supreme Court continued this morning with the unanimous decision in New Prime Inc. v. Oliveira – following by a single week the unanimous decision in Henry Schein v. Archer & White Sales. New Prime, though, is anything but business as usual: Justice Neil Gorsuch’s opi... .. read more..

Argument transcripts
Tuesday, January 15, 2019

The transcript of oral argument in Home Depot U.S.A. Inc. v. Jackson is available on the Supreme Court’s website; the transcript in Azar v. Allina Health Services is also available. The post Argument transcripts appeared first on SCOTUSblog . .. read more..

Argument analysis: When is the government not really the government for immun...
Tuesday, January 15, 2019

In Thacker v. Tennessee Valley Authority, the government contends (and the lower courts agreed) that the TVA should be immune from tort liability to shield executive policy-making, even when the TVA is engaged in arguably commercial activity. The petitioner, Gary Thacker, argues that an entirely ... .. read more..

Argument analysis: Quiescent bench dubious about broad fee awards in copyrigh...
Tuesday, January 15, 2019

The week’s second argument, Rimini Street v. Oracle USA, has the justices considering the scope of fees available to a prevailing party in litigation under the federal Copyright Act. Sitting for the second week without Justice Ruth Bader Ginsburg, the bench was remarkably quiescent. To the extent... .. read more..

No action on blockbuster cases
Monday, January 14, 2019

This morning the Supreme Court released another set of orders from the justices’ private conference last week. On Friday, the justices announced that they would add eight cases from that conference to their docket. Today’s list did not grant review in any new cases, but it was perhaps most signif... .. read more..

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