U.S. Supreme Court Case Commentaries

Standard of Review for Non-Statutory Insider Determinations in Bankruptcy Cramdown Plans

Date: Mar 6, 2018

Standard of Review for Non-Statutory Insider Determinations in Bankruptcy Cramdown Plans Introduction The Supreme Court's decision in U.S. Bank National Association, Trustee, by and through CWCAPITAL...

U.S. Supreme Court Upholds Federal Participation in Interstate Water Compact Enforcement

Date: Mar 6, 2018

U.S. Supreme Court Upholds Federal Participation in Interstate Water Compact Enforcement Introduction The case of State of Texas v. State of New Mexico and State of Colorado (138 S. Ct. 954)...

Clear-Error Standard for Appellate Review of Non-Statutory Insider Determinations Under Bankruptcy Law

Date: Mar 6, 2018

Clear-Error Standard for Appellate Review of Non-Statutory Insider Determinations Under Bankruptcy Law Introduction The Supreme Court case U.S. Bank National Association, Trustee, by and through...

Clarifying the Scope of §546(e) Securities Safe Harbor: Merit Management Group v. FTI Consulting, Inc.

Date: Feb 28, 2018

Clarifying the Scope of §546(e) Securities Safe Harbor: Merit Management Group v. FTI Consulting, Inc. Introduction Merit Management Group, LP v. FTI Consulting, Inc. is a landmark decision by the...

Jurisdiction Stripping and Its Boundaries: Supreme Court Upholds Gun Lake Act in Patchak v. Zinke

Date: Feb 28, 2018

Jurisdiction Stripping and Its Boundaries: Supreme Court Upholds Gun Lake Act in Patchak v. Zinke Introduction In David Patchak v. Ryan Zinke, Secretary of the Interior, et al., the United States...

Congress's Authority to Strip Federal Jurisdiction: Insights from Patchak v. Zinke

Date: Feb 28, 2018

Congress's Authority to Strip Federal Jurisdiction: Insights from Patchak v. Zinke Introduction The United States Supreme Court case David Patchak v. Ryan Zinke, Secretary of the Interior, et al....

Affirming Congressional Jurisdiction-Stripping: The Supreme Court Upholds Gun Lake Trust Land Reaffirmation Act in Patchak v. Band of Pottawatomi Indians

Date: Feb 28, 2018

Affirming Congressional Jurisdiction-Stripping: The Supreme Court Upholds Gun Lake Trust Land Reaffirmation Act in Patchak v. Band of Pottawatomi Indians Introduction Patchak v. Band of Pottawatomi...

Supreme Court Rules Against Periodic Bond Hearings for Detained Aliens Under Immigration Statutes

Date: Feb 28, 2018

Supreme Court Rules Against Periodic Bond Hearings for Detained Aliens Under Immigration Statutes Introduction In David Jennings, et al. v. Alejandro Rodriguez, et al., decided on February 27, 2018,...

Clarifying the Scope of § 546(e) Securities Safe Harbor: Merit Management Group v. FTI Consulting

Date: Feb 28, 2018

Clarifying the Scope of § 546(e) Securities Safe Harbor: Merit Management Group v. FTI Consulting Introduction Case Overview: Merit Management Group, LP v. FTI Consulting, Inc., 138 S. Ct. 883...

Supreme Court Affirms Mandatory Apportionment of Attorney's Fees in Prisoner Civil Rights Suits Under §1997e(d)(2)

Date: Feb 22, 2018

Supreme Court Affirms Mandatory Apportionment of Attorney's Fees in Prisoner Civil Rights Suits Under §1997e(d)(2) Introduction In the landmark case of Charles Murphy v. Robert Smith, et al., the...

Limited Scope of §1610(g) in FSIA: Affirming Property Immunity for Foreign States

Date: Feb 22, 2018

Limited Scope of §1610(g) in FSIA: Affirming Property Immunity for Foreign States Introduction Jenny Rubin, et al., Petitioners v. Islamic Republic of Iran, et al. (138 S. Ct. 816) is a landmark...

Supreme Court Clarifies Foreign Sovereign Immunity Under FSIA: Section 1610(g) Does Not Provide Standalone Exception

Date: Feb 22, 2018

Supreme Court Clarifies Foreign Sovereign Immunity Under FSIA: Section 1610(g) Does Not Provide Standalone Exception Introduction In the landmark case of Jenny Rubin, et al., Petitioners v. Islamic...

Clarifying the Menna-Blackledge Doctrine: Guilty Plea and Constitutional Appeals in Rodney Class v. United States

Date: Feb 22, 2018

Clarifying the Menna-Blackledge Doctrine: Guilty Plea and Constitutional Appeals in Rodney Class v. United States Introduction In the landmark case of Rodney Class v. United States, 138 S. Ct. 798...

Mandatory Apportionment of Attorney's Fees in Prisoner Civil Rights Cases: Murphy v. Smith

Date: Feb 22, 2018

Mandatory Apportionment of Attorney's Fees in Prisoner Civil Rights Cases: Murphy v. Smith Introduction The Supreme Court case Charles Murphy v. Robert Smith (138 S. Ct. 784, 2018) addresses the...

Dodd–Frank's Whistleblower Definition Requires SEC Reporting: Digital Realty Trust, Inc. v. Paul Somers

Date: Feb 22, 2018

Dodd–Frank's Whistleblower Definition Requires SEC Reporting: Digital Realty Trust, Inc. v. Paul Somers Introduction In the landmark case Digital Realty Trust, Inc. v. Paul Somers, the United States...

Digital Realty v. Somers: Dodd-Frank Whistleblower Protections Limited to SEC Reporting

Date: Feb 22, 2018

Digital Realty v. Somers: Dodd-Frank Whistleblower Protections Limited to SEC Reporting Introduction The Supreme Court case Digital Realty Trust, Inc. v. Paul Somers, decided on February 21, 2018,...

Supreme Court Upholds Yellowstone River Compact Protections in Montana v. Wyoming

Date: Feb 21, 2018

Supreme Court Upholds Yellowstone River Compact Protections in Montana v. Wyoming Introduction The landmark case, State of Montana v. State of Wyoming and State of North Dakota, adjudicated by the...

CNH Industrial v. Reese: SCOTUS Rejects Yard-Man Inferences in Collective-Bargaining Agreements

Date: Feb 21, 2018

CNH Industrial v. Reese: SCOTUS Rejects Yard-Man Inferences in Collective-Bargaining Agreements Introduction In the landmark case of CNH Industrial N.V., et al. v. Jack Reese, et al., the United...

CNH Industrial v. Reese: Reinforcing Ordinary Contract Principles in Interpreting Collective-Bargaining Agreements

Date: Feb 21, 2018

CNH Industrial v. Reese: Reinforcing Ordinary Contract Principles in Interpreting Collective-Bargaining Agreements Introduction The Supreme Court case CNH Industrial N.V., et al. v. Jack Reese, et...

Silvester v. Becerra: A Dissent on the Dismissal of Second Amendment Protections

Date: Feb 21, 2018

Silvester v. Becerra: A Dissent on the Dismissal of Second Amendment Protections Introduction In the case of Jeff Silvester, et al. v. Xavier Becerra, Attorney General of California (138 S. Ct. 945,...