U.S. Supreme Court Finds General Discovery Rule Inapplicable to the SOL for FDCPA Violations
1/16/20
By: Nicole L. Graham In Klemm v. Rotkiske, No. 18-328, 589 U.S. ____ (2019), the United State Supreme Court unanimously agreed there is no blanket discovery rule that, as a matter of statutory interpretation, applies to all cases arising under the Fair Debt Collection Practices Act (“FDCPA”). The majority held that the plain text of…
In the Driver’s Seat: Supreme Court Hears Oral Arguments in Kansas v. Glover
11/11/19
By: Rachael Slimmon On November 4, the United States Supreme Court held oral arguments in the case of Kansas v. Glover. The Court examined whether a police officer may conduct a traffic stop solely because the vehicle’s registered owner has a suspended license. The case started in 2016, when a Kansas police officer ran the…
United States Supreme Court to Decide Whether Georgia Law can be Copyrighted
7/15/19
By: Jason Kamp The United States Supreme Court recently agreed to decide whether the annotations contained in the Official Code of Georgia Annotated (OCGA.) can be copyrighted by the state of Georgia, granting certiorari in State of Georgia, et al. v. Public.Resource.org, Inc., Case No. 18-1150 (S. Ct. June 24, 2019). As explained by the…
Federal Securities Laws: Has the 9th Circuit Gone Rogue Again?
2/4/19
By: John Goselin On January 4, 2019, the United States Supreme Court decided to hear an appeal from the Ninth Circuit’s April 20, 2018 decision in Varjabedian v. Emulex Corporation, 888 F.3d 399 (9th Cir. 2018). The Supreme Court is hearing this case to resolve a circuit split regarding whether a claim under Section 14(e)…
The Supreme Court Weighs in on Arbitrability, But Questions Remain
1/31/19
By: Ted Peters As reflected in a prior article, the United States Supreme Court recently agreed to take another look at the issue of arbitrability. In the case of Henry Schein, Inc. v. Archer & White Sales, Inc., the Fifth Circuit concluded that the court, and not an arbitrator, had the power to decide the…
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, or artifice to defraud.” 10b-5(b) prohibits the use of any “untrue statement of a material…
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 so, the panel relied on prior circuit precedent in Evans v. Ga. Reg’l Hosp., 850 F.3d 1248…
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 Amendment prohibits public sector unions from collecting fees from non-union members. While the scope of the impact…
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 Bang.” The case was appealed to the 11th Circuit Court of Appeals and that court affirmed…