Tag Archives: SCOTUS

SCOTUS to Resolve Circuit Split Over Dodd-Frank Whistleblowers

On Monday, June 26, 2017, the U.S. Supreme Court agreed to review whether the Dodd-Frank Act (DFA) prohibits retaliation against internal whistleblowers or only covers individuals who report to the U.S. Securities and Exchange Commission (the SEC). This question has divided practitioners and lower courts alike since Dodd-Frank’s passage in 2010. As reported in our … Continue Reading

The 10th Circuit Declares SEC’s Home Courts to be Unconstitutional and Creates Circuit Split

Right after Christmas, the United States Court of Appeals for the Tenth Circuit delivered a lump of coal to the Securities and Exchange Commission in Bandimere v. U.S. SEC,1 ruling that the SEC’s administrative law judges (ALJs) who preside over SEC enforcement actions hold their positions in violation of the Appointments Clause of the United States Constitution. … Continue Reading

Tyson Foods, Inc. v. Bouaphakeo: Supreme Court Upholds Use of Statistical Evidence in Class Actions

This week, the Supreme Court issued its decision in Tyson Foods, Inc. v. Bouaphakeo,  577 U. S. ___(2016). The key issue addressed is whether class certification was proper in a FLSA case where the methodology used to establish damages was determined by expert sampling and assumptions about how long it would take certain categories of … Continue Reading

Campbell-Ewald v. Gomez: Unaccepted Offers of Judgment Do Not ‘Moot’ a Claim, But Ruling Leaves Door Open For Offers Accompanied by Tender

Last week, the Supreme Court issued its much anticipated decision in Campbell-Ewald Co. v. Gomez, 577 U.S. ___ (2016). In a 6-3 opinion, Justice Ginsburg, writing for the majority, held that an unaccepted Rule 68 offer of judgment does not “moot” a claim because “[u]nder basic principles of contract law,” an offer without acceptance is a … Continue Reading

Midland Credit Seeks SCOTUS Review of 2d Circuit Ruling that Significantly Impairs National Banks’ Ability to Sell Loans at Note Rate

On Nov. 9, 2015, Midland Credit Management, Inc., petitioned the Supreme Court to review the Second Circuit’s decision in Madden v. Midland Credit Management, which held that a loan is no longer protected from state usury laws under the National Bank Act (NBA) once it is sold. Midland Funding, a debt purchaser and servicer, purchased charged-off … Continue Reading

Spokeo Oral Argument Before the U.S. Supreme Court

Last week, the US Supreme Court heard arguments in one of the most closely watched cases of this term, Spokeo, Inc. v. Robins, a putative class action seeking statutory damages for an alleged violation of the Fair Credit Reporting Act (“FCRA”). The plaintiff, Robins, alleged that Spokeo, which operated a “people search engine” that aggregates … Continue Reading