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Tag: Supreme Court


Tax Code, Regulations and Guidance

What could the Supreme Court do to the tax code?

September 25, 2023

Via: POLITICO

Just how much chaos could the Supreme Court toss into the tax system? The answer: Quite a bit, Pro Tax’s Brian Faler notes this morning, pointing to the upcoming arguments in the tax case known as Moore v. United States. […]


Business Law & Regulations, Employment & Labor

Supreme Court Allows Company to Sue a Union for Damages Caused by a Work Stoppage

June 2, 2023

Via: JD Supra

On June 1, 2023, the Supreme Court of the United States (SCOTUS) held that federal law does not preempt the right of an employer to sue a striking union for damages in state court if the union failed to take […]


Tax Code, Regulations and Guidance

Supreme Court Limits the Use of Federal Administrative Law Judges; Related FERC Cases Pending

May 26, 2023

Via: National Law Review

On April 14, 2023, the U.S. Supreme Court issued an opinion that is expected to result in historic changes to the Federal Energy Regulatory Commission’s (FERC) use of in-house administrative law judges (ALJs). In Axon Enterprise, Inc. v. Federal Trade […]


Business Law & Regulations, Employment & Labor

Supreme Court Considers Whether “Highly Compensated” Employees Paid on a “Day Rate” Basis Are Overtime-Exempt Under FLSA

October 24, 2022

Via: LexBlog

On October 12, 2022, the Supreme Court held oral argument to address the decision of the U.S. Court of Appeals for the Fifth Circuit in Hewitt v. Helix Energy Sols. Group, Inc., 15 F.4th 289 (5th Cir. 2021), cert. granted, […]


Tax Code, Regulations and Guidance

Something smells like a tax: California Supreme Court says waste management fee may be illegal tax

October 10, 2022

Via: LexBlog

The California Supreme Court recently held that the City of Oakland’s waste management franchise fees may constitute illegal taxes that fail to meet the state’s constitutional voter approval requirements. Accordingly, the state supreme court upheld the reversal of a trial […]


Business Law & Regulations, Workplace Safety & Health

U.S. Supreme Court Issues Rulings in Challenge to OSHA Vaccine and Testing ETS and CMS Interim Final Rule

January 13, 2022

Via: LexBlog

Q: Did the U.S. Supreme Court issue a ruling in the challenge to OSHA’s vaccine and testing emergency temporary standard (ETS) and CMS interim final rule (IFR)? A: Yes. On January 13, 2022, the Court granted the applications for stays […]


Business Law & Regulations, Employment & Labor

Supreme Court Orders N.Y. Court to Reconsider Ruling Requiring Health Plans to Cover Abortions

November 3, 2021

Via: SHRM

The U.S. Supreme Court on Nov. 1 ordered a New York court to reconsider a ruling that upheld a state regulation requiring employer health plans to cover abortions. We’ve gathered articles on the news from SHRM Online and other media […]


Know Your Rights

Supreme Court will hear Texas abortion case on expedited basis but refuses again to block the law

October 22, 2021

Via: ABA Journal

The U.S. Supreme Court on Friday agreed to hear two challenges to the Texas abortion law on an expedited basis and set oral arguments for Nov. 1. The high court, however, left the Texas law in place, the second time […]


Tax Code, Regulations and Guidance

Supreme Court will consider Sen. Cruz’s challenge to campaign loan restrictions

October 4, 2021

Via: ABA Journal

The U.S. Supreme Court will consider a First Amendment challenge to a campaign finance law that restricts repayment of candidates’ personal loans to their campaigns. The high court will hear a case brought by Republican U.S. Sen. Ted Cruz of […]


Know Your Rights

Chemerinsky: The Supreme Court has done a poor job protecting against police abuse of power and racism

September 2, 2021

Via: ABA Journal

Following the death of George Floyd, the nation focused attention on the enormous problems of police violence and racism in law enforcement, but there is a failure to put blame where much belongs: on the United States Supreme Court. Many […]


Know Your Rights

Abortion providers ask Supreme Court to block Texas heartbeat law from taking effect

August 30, 2021

Via: ABA Journal

Abortion providers asked the U.S. Supreme Court on Monday to intervene after a federal appeals court over the weekend had stymied their attempts to stop a far-reaching Texas abortion law from going into effect. The Center for Reproductive Rights, Planned […]


Know Your Rights

Chemerinsky: Supreme Court looks to common law for guidance in Fourth Amendment cases

July 6, 2021

Via: ABA Journal

The Supreme Court decided three cases concerning the Fourth Amendment during the October 2020 term. They shared several characteristics. First, the police lost all of them, which is unusual for a court that generally has sided with law enforcement in […]


Business Law & Regulations, Privacy

Supreme Court Limits Availability of Article III Standing in Data Privacy Litigations in Win for Defendants

June 25, 2021

Via: National Law Review

The Supreme Court has just issued a major ruling that is a significant win for defendants in data privacy and data breach litigations. In Ramirez v. TransUnion, the Supreme Court reconsidered the question of what constitutes an “injury in fact” […]


Business Law & Regulations, Workplace Safety & Health

Affordable Care Act survives again; states have no standing to challenge individual mandate, SCOTUS rules

June 17, 2021

Via: ABA Journal

The Affordable Care Act remains intact after the U.S. Supreme Court ruled 7-2 Thursday that challengers do not have standing to challenge the law’s requirement to carry health insurance. Justice Stephen G. Breyer wrote the majority opinion, joined by Chief […]


Tax Code, Regulations and Guidance

Ninth Circuit Holds Tax Form is Substance

June 4, 2021

Via: National Law Review

The substance over form doctrine (and related step transaction and economic substance doctrines) are often invoked by courts to disallow tax consequences that seem too good to be true. Courts have struggled for years with how to properly apply these […]


Know Your Rights

Freedom of association case could have impact on campaign finance disclosures

April 22, 2021

Via: ABA Journal

More than 60 years ago, the U.S. Supreme Court ruled that the state of Alabama could not require the NAACP to disclose its membership list. In NAACP v. Alabama ex rel. Patterson, the court unanimously held that the civil rights […]


Business Law & Regulations, Privacy

US Supreme Court rules Facebook notification messages did not violate telemarketing law

April 2, 2021

Via: Jurist

The US Supreme Court on Thursday ruled that Facebook’s notification pop-up messages did not violate the 1991 Telephone Consumer Protection Act (TCPA). The court unanimously upheld a narrow definition of an automated dialer, stating that Facebook’s software fell short of […]


Know Your Rights

Supreme Court will decide whether Kentucky AG can pick up defense of invalidated abortion law

March 30, 2021

Via: ABA Journal

The U.S. Supreme Court on Monday agreed to decide whether Kentucky Attorney General Daniel Cameron can intervene to defend an invalidated state abortion law after no other state official would continue to defend it. Cameron sought to intervene after the […]


Tax Code, Regulations and Guidance

Supreme Court denies Republican request to block certification of Pennsylvania election results

December 9, 2020

Via: Jurist

The US Supreme Court denied injunctive relief Tuesday to Pennsylvania Republicans seeking to block certification of the state’s election results on the ground that the expansion of mail-in ballots violated the state constitution. The petition was filed by Republican Representative […]


Know Your Rights

Supreme Court hears argument on right to unanimous jury verdict for retroactive convictions

December 3, 2020

Via: Jurist

The US Supreme Court heard arguments Wednesday in Edwards v. Vannoy on whether the Supreme Court’s prior decision in Ramos v. Louisiana applies retroactively to cases on federal collateral review. The Supreme Court held in Ramos earlier this year that […]