News & Publications

Earlier today the United States Supreme Court released a unanimous opinion in Groff v. DeJoy, Postmaster General, No. 22-174, clarifying the "undue burden" standard under applicable to religious accommodations under Title VII after nearly 50 years. Specifically, the Court held that Title VII requires an employer who denies a religious accommodation to show that the burden of granting an accommodation would result in "substantial increased costs in relation to the conduct of its particular business." This raises [...]

The U.S. Supreme Court's June 23, 2023, majority decision in Coinbase, Inc. v. Bielski, Case No. 22-105 requires a stay of district court litigation if a party loses a motion to compel arbitration and pursues the right of interlocutory appeal granted by 9 U.S.C. § 16(a). Section 16(a) is the provision of the Federal Arbitration Act granting the right to an interlocutory appeal when a district court denies a motion to compel arbitration. Section 16(a) is clear [...]

On June 1, 2023, the Supreme Court of the United States (SCOTUS) issued its much-anticipated opinion in United States ex rel. Schutte v. SuperValu Inc. and United States ex rel. Proctor v. Safeway, Inc. (Schutte), holding that a defendant's subjective understanding of an ambiguous law, even if objectively reasonable, is relevant in proving scienter under the False Claims Act (FCA). The opinion, which was unanimous and authored by Justice Thomas, is not surprising given the questions and comments from the justices [...]