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Recent Case Cues High Court’s Remand Of License Veto For N.M. Nuclear Fuel Storage

WASHINGTON, D.C. — The U.S. Supreme Court on June 30 granted petitions for writ of certiorari to a global energy technology company and the U.S. Nuclear Regulatory Commission (NRC) and vacated and remanded for further consideration their challenges to an appellate decision that an exception to the Hobbs Act and the Atomic Energy Act (AEA) stripped the federal agency’s authority to issue a license to store spent nuclear fuel at a proposed facility in New Mexico in light of a decision in a similar case.

High Court To Consider ISPs’ Liability For Users’ Infringement

WASHINGTON, D.C. — The U.S. Supreme Court on June 30 granted a petition for a writ of certiorari from an internet service provider (ISP) that told the court that the Fourth Circuit U.S. Court of Appeals was wrong to find it liable for contributory infringement for the actions of internet users who infringed on copyrights held by a group of record labels and music publishers; the high court also denied the labels’ cross-petition challenging the Fourth Circuit’s decision to vacate a $1 billion award in their favor for vicarious infringement.

Supreme Court Agrees To Hear ICA Private Right Of Action Case

WASHINGTON, D.C. — The U.S. Supreme Court on June 30 granted certiorari to a petition filed by closed-end funds (CEFs) regarding whether a section of the Investment Company Act of 1940 (ICA) includes a private right of action.

High Court Seeks Input On ERISA Ruling Concerning Meaningful Benchmarks

WASHINGTON, D.C. — The U.S. Supreme Court in a June 30 orders list invited the U.S. solicitor general to provide the federal government’s perspective on a petition to review a Sixth Circuit U.S. Court of Appeals 2-1 revival of a putative class action over a passively managed Northern Trust Focus Funds suite of target date funds (TDFs); the decision concerns the role benchmarks play in pleading Employee Retirement Income Security Act claims.

U.S. High Court Agrees To Tackle Withdrawal Liability Timing Assumptions Row

WASHINGTON, D.C. — In an order list, the U.S. Supreme Court on June 30 granted a petition for review of a Multiemployer Pension Plan Amendments Act (MPPAA) withdrawal liability decision that the federal government filed an amicus curiae brief urging it to grant — but did not reformulate the question presented as the government suggested.

U.S. High Court Won’t Review Ruling That ERISA Partly Preempts Oklahoma PBM Law

WASHINGTON, D.C. — As the federal government urged in a requested amicus curiae brief, the U.S. Supreme Court in a June 30 order list declined to review a ruling that the Employee Retirement Income Security Act and Medicare Part D partially preempt an Oklahoma pharmaceutical benefit manager (PBM) law.

Preliminary Injunction Denied In DOL Records DOGE Access Suit

WASHINGTON, D.C. — Labor unions and nonprofits challenging U.S. Digital Service and U.S. DOGE Service Temporary Organization (together, DOGE) personnel’s right to access U.S. Department of Labor (DOL) records failed to show imminent misuse or public disclosure, a federal judge in the District of Columbia ruled June 27, denying the unions and nonprofits’ request for a preliminary injunction.

High Court Finds Texas Porn Law Age Requirement Doesn’t Violate Free Speech

WASHINGTON, D.C. — The U.S. Supreme Court on June 27 in a 6-3 ruling held that a Texas law requiring the operators of pornographic websites to verify that their visitors are adults does not violate the free speech clause of the First Amendment to the U.S. Constitution.

In 6-3 Reversal, High Court OKs HHS Appointment Of Preventive Task Force Members

WASHINGTON, D.C. — In a 6-3 reversal concerning the structure of a task force that issues preventive care recommendations, the U.S. Supreme Court on June 27 ruled that “members are inferior officers whose appointment by the Secretary of HHS [the U.S. Department of Health and Human Services] is permissible under the Appointments Clause” of the U.S. Constitution.

Nondelegation Doctrine Not Violated By FCC Funding Scheme, Supreme Court Says

WASHINGTON, D.C. — The U.S. Supreme Court on June 27 ruled 6-3 that a Federal Communications Commission subsidy program does not violate the doctrines of nondelegation or  “private nondelegation,” finding that the FCC’s delegations were properly guided by an “intelligible principle” set forth by Congress and reversing the en banc Fifth Circuit U.S. Court of Appeals.

Split U.S. High Court: Universal Injunctions ‘Likely Exceed’ Courts’ Authority

WASHINGTON, D.C. — Nationwide or universal injunctions “likely exceed the equitable authority that Congress has granted to federal courts,” a majority of the U.S. Supreme Court ruled June 27, partially staying nationwide injunctions issued in three cases challenging President Donald J. Trump’s Jan. 20 birthright citizenship executive order (EO),

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