Articles and Blogs

On June 13, 2024, the Supreme Court published its opinion in Starbucks v. McKinney. The Supreme Court held that the National Labor Relations Board (“NLRB” or “Board”) must satisfy the traditional, four-factor test for injunctions. In short, the decision makes it more difficult for the NLRB to successfully claim injunctive relief while adjudicating alleged... READ MORE

On June 28, 2024, the Supreme Court of the United States overturned a long-standing doctrine, known as Chevron deference, that impacts a court’s deference to a government agency’s action during administrative proceedings. The Supreme Court held that federal courts cannot defer to agencies’ interpretations of statutes. Instead, courts must independently make this determination. Background The Supreme... READ MORE

On June 29, 2023, the U.S. Supreme Court decided Groff v. DeJoy. The Court’s ruling “clarified” the “undue hardship” standard that an employer must establish to deny a religious accommodation under Title VII of the Civil Rights Act of 1964 (“Title VII”). Before this decision, the undue hardship standard provided that an employer could... READ MORE

On June 16, 2023, the U.S. Supreme Court decided United States ex rel. Polansky v. Executive Health Resources, Inc. The Court’s opinion settles two outstanding questions about the authority of the Government to dismiss FCA actions in which it first declines to intervene but that whistleblowers continue to pursue on the Government’s behalf. First,... READ MORE

On June 1, 2023, the U.S. Supreme Court in U.S. ex rel. Schutte v. SuperValu, Inc. held that the mental state required by the False Claims Act (“FCA”) refers to the defendant’s actual knowledge and subjective beliefs about the truth of claims for payment submitted to federal payors. This decision overturns the growing body of... READ MORE

The Department of Justice (DOJ) has recommended to the Supreme Court of the United States (SCOTUS) that only the provisions of the Patient Protection and Affordable Care Act (PPACA) that require insurers to accept everyone regardless of health status and to apply “community rates” be overturned if the Justices rule that the law’s mandate... READ MORE