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A case in which the Court will decide whether an award of the “defendant’s profits” under the Lanham Act can include an order for the defendant to disgorge the distinct profits of legally separate non-party corporate affiliates.
A case in which the Court will decide whether the National Environmental Policy Act requires an agency to study environmental impacts beyond the proximate effects of the action over which the agency has regulatory authority.
A case in which the Court will consider the scope of property interests and fraud in government contracting, particularly when deception occurs without clear economic harm.
A case in which the Court will decide whether a federal civilian employee called or ordered to active duty under a provision of law during a national emergency is entitled to differential pay even if the duty is not directly connected to the national emergency.
A case in which the Court will decide whether Tennessee Senate Bill 1, which prohibits all medical treatments intended to allow “a minor to identify with, or live as, a purported identity inconsistent with the minor’s sex” or to treat “purported discomfort or distress from a discordance between the minor’s sex and asserted identity,” violates the Equal Protection Clause of the 14th Amendment.
A case in which the Court will decide whether and how the expropriation exception to the Foreign Sovereign Immunities Act applies in cases involving seized property, specifically regarding the requirements for establishing a commercial nexus with the United States and the burden of proof at different stages of litigation.
A case in which the Court will decide whether a bankruptcy trustee may avoid a debtor’s tax payment to the United States under 11 U.S.C. § 544(b) when no actual creditor could have obtained relief under the applicable state fraudulent-transfer law outside of bankruptcy.
A case in which the Court will decide whether the Food and Drug Administration’s orders denying respondents’ applications for authorization to market new e-cigarette products was arbitrary and capricious, in violation of the Administrative Procedure Act.
A case in which the Court will clarify the pleading standards to show knowledge or intent for Private Securities Litigation Reform Act claims that rely on internal company documents.
A case in which the Court will decide whether, when a noncitizen's voluntary-departure period ends on a weekend or public holiday, a motion to reopen filed the next business day is sufficient to avoid the penalties for failure to depart under 8 U.S.C. § 1229c(d)(1).
A case in which the Court will decide whether a crime that requires proof of bodily injury or death, but can be committed by failing to take action, has as an element the use, attempted use, or threatened use of physical force.
A case in which the Court was asked to decide whether risk disclosures are false or misleading when they do not disclose that a risk has materialized in the past, even if that past event presents no known risk of ongoing or future business harm.
A case in which the Court will decide whether the burden of proof that employers must satisfy to demonstrate the applicability of a Fair Labor Standards Act exemption is a mere preponderance of the evidence or clear and convincing evidence.
A case in which the Court will decide whether the phrase “entitled… to benefits” includes all who meet basic program eligibility criteria, whether or not benefits are actually received.
A case in which the Court will decide whether reimbursement requests submitted to the Federal Communications Commission's E-rate program are “claims” under the False Claims Act.
A case in which the Court will decide whether the Clean Water Act allows the Environmental Protection Agency (or an authorized state) to impose generic prohibitions in National Pollutant Discharge Elimination System permits that subject permit-holders to enforcement for violating water quality standards without identifying specific limits to which their discharges must conform.
A case in which the Court will decide whether the U.S. Court of Appeals for Veterans Claims must ensure that the benefit-of-the-doubt rule in 38 U.S.C. § 5107(b) was properly applied during the claims process in order to satisfy 38 U.S.C. § 7261(b)(1).
A case in which the Court will decide whether economic harms resulting from personal injuries are injuries to “business or property by reason of” the defendant’s acts for purposes of a civil treble-damages action under the Racketeer Influenced and Corrupt Organizations (RICO) Act.
A case in which the Court will decide whether a visa petitioner may obtain judicial review when an approved petition is revoked on the basis of nondiscretionary criteria.
A capital case in which the Court will decide whether to allow Oklahoma to execute Petitioner Richard Glossip after numerous instances of prosecutorial misconduct and other errors, where even the state no longer defends the capital sentence.
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What happened to this podcast? Why are there no new episodes?
53:03 has been written in history, Justice Thomas asks a question for the first time since 2016!
I wish the descriptions were a bit more detailed. It gets hard to keep up.
10 NEON 20.18. GOD