Reprinted from The Voice (April 3, 2019), published by DRI-The Voice of the Defense Bar Justice Brett Kavanaugh’s first Supreme Court opinion is a model of stylistic clarity and judicial restraint. Writing for a unanimous Court, his January 8, 2019 opinion in Henry Schein, Inc. v. Archer & White Sales, Inc., No. 17-1272, holds that where […]
Justice Kavanaugh’s Debut Supreme Court Opinion Read More »
The Supreme Court’s February 26, 2019 opinion in Nutraceutical Corp. v. Lambert, No. 17-1094, unanimously holds that Federal Rule of Civil Procedure 23(f) is not subject to equitable tolling. In other words, no matter what the circumstances, federal appellate courts cannot consider interlocutory appeals of district court class-action certification decisions if a review petition is filed
I am pleased to announce that I will be moderating a panel entitled ‘You Too Can Be a Supreme Court Practioner: Redefining ‘The Supreme Court Bar.’ This CLE panel, to be held in Chicago on July 19, will be part of the annual Appellate Advocacy Seminar sponsored by DRI-The Voice of the Defense Bar. Our
How To Become a Supreme Court Practitioner Read More »
Early in law school, one of my esteemed (but perhaps grammatically challenged) professors explained that the key to understanding any case is figuring out “who is suing who, and why?” On January 15, the Justices very well may have been asking themselves that question during the Supreme Court’s hearing in Home Depot USA, Inc. v. Jackson, No. 17-1471. In
Who is Suing Who, and Why? Read More »
Justice Brett Kavanaugh’s first Supreme Court opinion is a model of stylistic clarity and judicial restraint. Writing for a unanimous Court, his January 8, 2019 opinion in Henry Schein, Inc. v. Archer & White Sales, Inc., No. 17-1272, holds that where parties have agreed in a contract that an arbitrator—rather than a court—should decide whether
Kavanaugh’s Debut Opinion Vindicates Trump’s High Court Pick Read More »
According to a year-end press release, the U.S. Department of Justice “obtained more than $2.8 billion in settlements and judgments from civil cases involving fraud and false claims against the government in the fiscal year ending Sept. 30, 2018.” Significantly, $2.1 billion of that $2.8 billion (i.e., about 75%) are attributable to suits filed by whistleblower
DOJ Bounty-Hunter Stats Fuel Whistleblower Filings Read More »
Today’s unanimous Supreme Court opinion in Weyerhauser Co. v. U.S. Fish and Wildlife Service, No. 17-71, empowers federal courts to exercise greater scrutiny over how federal agencies administer the Endangered Species Act (“ESA”). Under the ESA, the Fish and Wildlife Service (“FWS”)—the Interior Department unit responsible for administering part of the ESA—must designate the “critical habitat”
Supreme Court Endangered Frog Opinion Gives Federal Wildlife Agency Reason To Croak Read More »
As I reported in an earlier post, the Supreme Court has agreed to hear Home Depot v. Jackson, No. 17-1471, a case that involves class-action fairness. On November 15 I filed on behalf of DRI-The Voice of the Defense Bar a merits-stage amicus curiae brief urging the Court to enforce the Class Action Fairness Act’s right to remove
Supreme Court Should Restore Level Playing Field For Consumer Class Actions Read More »
Class actions are big business for the plaintiffs bar. Lawyers have a better chance of pocketing enormous, disproportionate, attorney fee awards if they can litigate, or force settlement of, consumer class actions in plaintiff-friendly state courts. Congress enacted the Class Action Fairness Act (CAFA) in 2005 to help curb state-court class action abuses. One of
Supreme Court Will Review Unfair Class Action Tactic Read More »
Late last year the U.S. Supreme Court instituted a new electronic filing system. Among other things, anyone with a computer, tablet, or cell phone now can access newly filed petitions and briefs. Simply search the Court’s online docket for a particular case, click on its docket number, scroll through the hyperlinked docket entries, and read,
The REAL Supreme Court Bar Read More »
