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Articles by Anderson Tuggle
Supreme Court Decides Haaland v. Brackeen | JD Supra
On June 15, 2023, the U.S. Supreme Court decided Haaland v. Brackeen, No. 21-376, holding that the Indian Child Welfare Act does not violate either Article I of the Constitution or the Tenth Amendment’s anti-commandeering doctrine, and that the plaintiffs lacked Article III standing to challenge the Act on Equal Protection or non-delegation grounds in federal court. In 1978, Congress passed the Indian Child Welfare Act (ICWA).
Supreme Court Decides United States ex rel. Polansky v. Executive Health Resources | JD Supra
On June 16, 2023, the U.S. Supreme Court decided United States ex rel. Polansky v. Executive Health Resources, Inc., No. 21-1052, holding that the Government may intervene and move to dismiss a False Claims Act suit at any time in the life of the case and that district courts should evaluate such motions under the general Federal Rule of Civil Procedure 41(a) voluntary dismissal standard.
Supreme Court Decides Jack Daniel’s Properties, Inc. v. VIP Products LLC | JD Supra
On June 8, 2023, the U.S. Supreme Court decided Jack Daniel’s Properties, Inc. v. VIP Products LLC, No. 22-148, holding that (1) when an accused trademark infringer uses another’s trademark to designate the source of its own goods, the accused infringer does not receive special First Amendment protection from infringement claims, and (2) the use of a trademark for parody purposes does not bar a dilution claim under the Lanham Act’s “noncommercial use” exclusion.
Supreme Court Decides Health & Hospital Corp. of Marion Cty. v. Talevski | JD Supra
On June 8, 2023, the U.S. Supreme Court decided Health & Hospital Corp. of Marion Cty. v. Talevski, No. 21-806, holding that certain rights contained in the Federal Nursing Home Reform Act (FNHRA) can be enforced through a private right of action under 42 U.S.C. § 1983. The FNHRA requires nursing homes receiving Medicare and Medicaid funding to “protect and promote the rights of each resident” as a condition of receiving funds.
Supreme Court Decides Fulton v. Philadelphia | JD Supra
On June 17, 2021, the U.S. Supreme Court decided Fulton v. Philadelphia, unanimously holding, with multiple concurring opinions, that Philadelphia violated a Catholic organization’s religious rights when it excluded that organization from a foster-care program for refusing to certify same-sex couples as foster parents. For many decades, Philadelphia has contracted with private agencies to help run its foster-care program.
Supreme Court Decides Florida v. Georgia | JD Supra
On April 1, 2021 the U.S. Supreme Court decided Florida v. Georgia, holding that Florida failed to prove by clear and convincing evidence that Georgia’s overconsumption of interstate waters injured it, and so Florida was not entitled to a court order requiring Georgia to reduce its water consumption. This interstate water dispute concerns the Apalachicola-Chattahoochee-Flint River Basin, which supplies water to both Florida and Georgia.
Supreme Court Decides FCC v. Prometheus Radio Project | JD Supra
On April 1, 2021 the U.S. Supreme Court decided FCC v. Prometheus Radio Project, holding that the Federal Communication Commission’s (FCC) 2017 decision to repeal or modify three of its media-ownership rules was not arbitrary or capricious for purposes of the Administrative Procedure Act (APA), reversing a split decision by the Third Circuit. In the 1960s and 1970s the FCC adopted a series of rules limiting the number of media outlets a single entity can own within a particular media market.
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