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The federal government’s authority to regulate wetlands has been the subject of frequent litigation. In Sackett v. Environmental Protection Agency, 598 U.S. ____ (2023), the U.S. Supreme Court clarified the reach of the Clean Water Act (CWA), specifically the meaning of the phrase “the waters of the United States.” Under the Court’s new test, the […]

The U.S. Supreme Court upended four decades of precedent when it recently issued its decision in two consolidated cases, Loper Bright Enterprises v. Raimondo and Relentless v. Department of Commerce. Now that the Court has abandoned the Chevron doctrine, federal courts may no longer defer to administrative agencies’ interpretations of ambiguous or broad statutes. The […]

In Minerva Surgical Inc. v. Hologic Inc., the U.S. Supreme Court declined to abolish the doctrine of patent assignor estoppel… In Minerva Surgical Inc. v. Hologic Inc., the U.S. Supreme Court declined to abolish the doctrine of patent assignor estoppel, which prohibits inventors who sell their patent rights from challenging the patent’s validity in district court. […]

Gay, lesbian, and transgender (LGBT) workers are protected under Title VII of the Civil Rights Act of 1964 Gay, lesbian, and transgender (LGBT) workers are protected under Title VII of the Civil Rights Act of 1964, according to a landmark decision by the U.S. Supreme Court. The Court specifically held that an employer who fires […]

SCOTUS Continues to Rule in Favor of Mandatory Arbitration inHenry Schein Inc. v. Archer and White Sales Inc. The U.S. Supreme Court continues to rule in favor of mandatory arbitration. In Henry Schein Inc. v. Archer and White Sales Inc., the Court held that arbitrators, rather than judges, should decide how disputes should be resolved in […]

On Wednesday, August 8, John G. Geppert, Partner and Chair of Scarinci Hollenbeck’s Public and Education Law groups, will be featured on a podcast entitled, School Law Today – The Impact of the Janus Decision. The podcast, hosted by the New Jersey School Boards Association (NJSBA), will feature Mr. Geppert alongside the NJSBA’s Member Engagement Director Ray Pinney, in a discussion regarding a recent U.S. Supreme Court ruling in Janus v AFSCME (2018).

In Oil States Energy Services LLC v Greene’s Energy Group LLC, the U.S. Supreme Court confirmed that inter partes review under the America Invents Act (AIA) is constitutional. For businesses that rely on inter partes review, the Court’s decision confirms that the process will remain available for the foreseeable future.

The U.S. Supreme Court recently granted certiorari in WesternGeco LLC (Schlumberger) v. ION Geophysical Corp. The key question before the Court is whether lost profits incurred outside of the United States are recoverable in patent infringement cases.

According to Federal Circuit Court, SCOTUS’ Decision in TC Heartland Represents a Change in the Law The U.S. Supreme Court’s decision in TC Heartland represented a change in the law, according to the Federal Circuit Court of Appeals. The key patent decision resolves a split among the district courts and should allow for venue transfer […]

Cases to Watch in the Upcoming Supreme Court Term The U.S. Supreme Court starts its new term this month, and the justices will begin hearing oral arguments on October 2. Now back to full strength, the Court has agreed to consider several important cases that will impact the business community. The Roberts Court is often […]

SCOTUS to consider whether inter partes review under the America Invents Act is constitutional The U.S. Supreme Court recently granted certiorari in Oil States Energy Services LLC v. Greene’s Energy Group, LLC. The question before the Court in the high-profile intellectual property case is whether inter partes review under the America Invents Act (AIA) is […]

September also means the end of summer break for the U.S. Supreme Court. When the justices return to the bench for the October 2016 Term, they will consider a number of key commercial law issues. This post offers a brief summary of several business cases to watch that may interest New Jersey businesses. Venezuela v. […]