US Supreme Court Watch
Note: The United States Supreme Court is in recess until October 3, 2016.
Pending cases at the US Supreme Court
- Czyzewski v. Jevic Holding Corporation - Whether a bankruptcy court may authorize the distribution of settlement proceeds in a manner that violates the statutory priority scheme (which would have preferred wage claims). [Opinion below] [Supreme Court Briefs] [Blog]
- NLRB v. SW General Inc - Whether the President's appointment of an NLRB Acting General Counsel violated the Federal Vacancies Reform Act. [Opinion below] [Supreme Court Briefs] [Blog] Oral argument in the Fall of 2016.
Employment law decisions: 2015-2016 session
- Dollar General Corporation v. Mississippi Band of Choctaw Indians - The Court split 4-4, thus affirming the 5th Circuit's judgment that an Indian tribal court has jurisdiction over an intern's claim that the manager of a store on tribal land sexually molested him while he was working there. June 23, 2016.
- Encino Motorcars, LLC v. Navarro - Court gives no deference to Department of Labor's rule regarding exempting “service advisors” at car dealerships from the Fair Labor Standards Act's overtime-pay requirements. June 20, 2016. [Blog]
- Green v. Brennan - For federal employees, the filing period for a constructive discharge claim begins to run when an employee resigns, not at the time of an employer’s last allegedly discriminatory act giving rise to the resignation. May 23, 2016.
- CRST Van Expedited, Inc. v. EEOC - A favorable ruling "on the merits" is not a necessary predicate to find that a defendant in a Title VII case has prevailed for purposes of being awarded attorney’s fees. The Court gave no opinion on whether a defendant must obtain a preclusive judgment in order to prevail. May 19, 2016. [Blog] [SCOTUSblog Opinion analysis: Title VII defendants can recover attorney’s fees without prevailing “on the merits”]
- Heffernan v. City of Paterson - The First Amendment bars the government from demoting a public employee based on a supervisor's perception that the employee supports a political candidate. April 26, 2016. [Blog]
- Friedrichs v. California Teachers Association - The Court split 4-4, thus affirming the 9th Circuit decision which followed Abood v. Detroit Board of Education. Public-sector “agency shop” arrangements do not violate the First Amendment. The 4-4 decision does not set a precedent, so the issue can return to the Court in a later case. March 29, 2016. [Blog]
- Tyson Foods, Inc. v. Bouaphakeo - A class or collective action can be certified where liability and damages will be determined with statistical techniques that presume all class members are identical to the average observed in a sample, and the class contains members who were not injured. March 22, 2016. [Blog]
- Gobeille v. Liberty Mutual Insurance Company - ERISA preempts a Vermont statute that requires health insurers to report payments and other information relating to health care services to a state agency for compilation in an all-inclusive health care database. March 1, 2016. [Blog]
- Campbell-Ewald Company v. Gomez - An unaccepted Rule 68 offer that would fully satisfy an individual plaintiff's claim does not moot that claim, and also does not moot a class action. January 20, 2016. [Blog]
- Montanile v. Board of Trustees of the National Elevator Industry Health Benefit Plan - When an ERISA-plan participant wholly dissipates a third-party settlement on non traceable items, the plan fiduciary may not bring suit to attach the participant's separate assets under ERISA Section 502(a)(3). January 20, 2016.