Instant Insights ›

SCOTUS Delivers (Mostly) Banner Term for Business

Share This Page
June 27, 2018 | News

Justices, Overturning Precedent, Restrict Labor Union Power to Collect Fees

Justice Samuel Alito Jr. wrote that the majority recognized that the loss of payments from nonmembers may cause unions to experience "unpleasant transition costs in the short term." However, he added, "We must weigh these disadvantages against the considerable windfall that unions have received under Abood for the past 41 years."
7 minute read
May 21, 2018 | News

Justices, Divided, Say Employment Contracts Banning Class Actions Are Lawful

"The policy may be debatable but the law is clear: Congress has instructed that arbitration agreements like those before us must be enforced as written," Justice Neil Gorsuch wrote for the majority. In dissent, Justice Ruth Bader Ginsburg called the decision "egregiously wrong."
5 minute read
May 14, 2018 | News

US Supreme Court, Divided, Buys Into Wider Legalized Sports Betting

The justices in Murphy v. National Collegiate Athletic Association found the 1992 Professional and Amateur Sports Protection Act infringed on state sovereignty. The decision could transform sports and sports gambling from coast to coast.
4 minute read
June 14, 2018

Rare Alliance Between Class Action Plaintiffs, US Chamber Prevails at Supreme Court

The U.S. Supreme Court's ruling Thursday was a boost to class action plaintiffs in dispute over vitamin C. Foreign law deserves "respectful consideration," Justice Ruth Bader Ginsburg wrote, but it doesn't decide this class action.
4 minute read
February 22, 2018

'The SEC Has a Big Problem Now' After Broad Whistleblower Protections Curbed

“They've been encouraging people to report internally. Now they have to think twice about that because they're essentially encouraging people to report internally and go into harm's way.”
7 minute read
June 04, 2018 | News

Justices Rule for Colorado Baker Who Refused to Make a Cake for Gay Wedding

"Whatever the confluence of speech and free exercise principles might be in some cases, the Colorado Civil Rights Commission's consideration of this case was inconsistent with the state's obligation of religious neutrality," Kennedy wrote for the 7-2 court.
6 minute read
June 11, 2018

Unanimous US Supreme Court Bars 'Stacked' Class Actions

“We hold that American Pipe does not permit a plaintiff who waits out the statute of limitations to piggyback on an earlier, timely filed class action,” Ginsburg wrote for the court Monday in "China Agritech v. Resh." The U.S. Chamber of Commerce, the Washington Legal Foundation and others supported China Agritech in amicus briefs.
5 minute read
June 21, 2018

Supreme Court's Internet Sales Tax Ruling Is Billion-Dollar Boon for States

The U.S. Supreme Court says states are allowed to collect sales taxes from online retailers that don't have a have a physical presence in their borders. By a 5-4 vote in the case South Dakota v. Wayfair, the majority overturned the court's 1992 decision in Quill v. North Dakota, which had affirmed the “physical presence” test for state sales-and-use tax collections.
4 minute read