Supreme Court to Revisit Liability Under Rule 10b-5 – Will Prospective Justice Kavanaugh Weigh In?
7/25/18
By: Ted Peters
Section 10(b) of the Securities Exchange Act, and Rule 10b-5 promulgated under it, makes certain conduct in connection with the purchase or sale of any security unlawful. Specifically, Rule 10b-5(a) prohibits the use of any “device, scheme, …
Eleventh Circuit Again Rejects Claim That Title VII Prohibits Discrimination On The Basis Of Sexual Orientation
7/23/18
By: Bill Buechner
In Bostock v. Clayton Co. Bd of Comm’rs, 723 F. App’x 964 (11th Cir. 2018), the Eleventh Circuit again held that Title VII does not prohibit discrimination on the basis of sexual orientation. In doing …
New Potential SCOTUS Justice: Friend or Foe of Qualified Immunity?
7/10/18
By: Sara Brochstein
President Trump announced his decision to nominate Judge Brett Kavanaugh to fill the Supreme Court vacancy created by Justice Anthony Kennedy’s retirement. Should he be confirmed, Judge Kavanaugh could have significant impact on the preservation of qualified …
To Shoot or Not to Shoot – The Ninth Circuit Says That Is The Question (for the jury)
7/6/18
By: Owen Rooney
On June 25, 2018 the U.S. Supreme Court denied certiorari in Estate of Lopez v. Gelhaus, arising out of the shooting in Sonoma County, California of a 13 year old who was holding a toy AK-47 …
Supreme Court Ends Compulsory Union Payments for Government Employees – So What’s Next?
7/5/18
By: Brad Adler & Matt Weiss
On Wednesday June 27, the United States Supreme Court reached a landmark 5-4 decision in Janus v. American Federation of State, County, and Municipal Employees Council 31 wherein it ruled that the Constitution’s First …
U.S. Supreme Court Upholds President Trump’s Travel Ban
6/27/18
By: Layli Eskandari Deal
The U.S. Supreme Court, in a 5-4 decision, upheld President Trump’s latest travel ban. The Court dismissed the anti-Muslim statements of President Trump and other administration officials when evaluating the legality of the ban. The decision …
SCOTUS Affirms FMG Victory In First-Of-Its-Kind 11th Circuit Flash Bang Case
10/10/17
By: Wayne S. Melnick and A. Ali Sabzevari
Previously, we blogged on a first-of-its-kind summary judgment obtained by Freeman Mathis & Gary in a Section 1983 case involving allegations of excessive force based on the police’s use of “Flash …
SCOTUS Holds that Unaccepted Offer of Judgment Does Not Moot Plaintiff’s Case
1/21/16
By: Matt Foree
Yesterday, the Supreme Court of the United States issued its opinion in the Campbell-Ewald Co. v. Gomez case. In that opinion, the Court held that an unaccepted settlement offer or offer of judgment does not moot a …