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Articles by Henry Grabbe
Supreme Court Decides United States v. Texas | JD Supra
On June 23, 2023, the U.S. Supreme Court decided United States v. Texas, No. 22-58, holding that Texas and Louisiana did not have standing to challenge guidelines for the enforcement of certain immigration laws promulgated by the Department of Homeland Security.
Supreme Court Decides Arizona v. Navajo Nation | JD Supra
On June 22, 2023, the U.S. Supreme Court decided Arizona v. Navajo Nation, No. 21-1484, holding that the federal government is not obligated to affirmatively secure access to water for the Navajo Nation. An 1868 Treaty between the Navajo Nation and the United States established a large reservation for the Navajos in the Colorado River Basin.
Supreme Court Decides Dupree v. Younger | JD Supra
On May 25, 2023, the U.S. Supreme Court decided Dupree v. Younger, No. 22-210, holding that a purely legal question raised in a motion for summary judgment is preserved for appellate review, even if the issue is not renewed during or after trial. Younger sued Dupree, a corrections officer, for damages under 42 U.S.C. § 1983, alleging that Dupree and others used excessive force in violation of his Fourteenth Amendment rights.
Supreme Court Decides Wilkins, et al. v. United States | JD Supra
On March 28, 2023, the U.S. Supreme Court decided Wilkins, et al. v. United States, No. 21-1164, holding that the Quiet Title Act’s 12-year limitation period is a “nonjurisdictional claims-processing rule” that does not impose a per se, jurisdictional bar on untimely claims. In 1962, the United States was granted an easement over Robins Gulch Road in rural Montana, which it interprets as allowing public use of the road.
First Circuit Rejects Classwide Settlement, Finds That Would-Be Class Representatives Could Not Adequately Represent Subclasses With Materially Different Claims | Faegre Drinker Biddle & Reath LLP - JDSupra
The First Circuit recently reversed the District of Massachusetts’s approval of a settlement award that improperly lacked any subclasses within the 4.8-million-person putative class, finding it “too difficult to determine whether the settlement treated class members equitably.” Murray v. Grocery Delivery E-Services USA, No. 21-1931, — F.4th — (1st Cir. Dec. 16, 2022).
Second Circuit Reaffirms that Solicited Faxes are Not Subject to Certain TCPA Protections, Grants Judgment Suggested by Defendant | JD Supra
The Second Circuit recently affirmed a Southern District of New York judgment denying injunctive relief against Educational Testing Service (“ETS”), which was sought by serial TCPA-plaintiff, Bais Yaakov of Spring Valley. See Bais Yaakov of Spring Valley v. Educational Testing Service, No. 21-399-cv, No. 21-541-cv, 2022 WL 6543814 (2d Cir. Oct. 31, 2022).
Smart Contracts — A Few Tips to Avoid Being Outsmarted | JD Supra Original
September 9, 2022 To embed, copy and paste the code into your website or blog: Exploring the Relationship Between Smart Contracts and IoT Devices Proponents of digital innovations such as blockchain, the Internet of Things (IoT) and smart devices have hailed the introduction of such technology as the Fourth Industrial Revolution. When used together, they may create self-executing “smart contracts” for a variety of transactions.
Eleventh Circuit Denies Petition for Rehearing, Permits Split Decision Barring Incentive Awards to Stand | JD Supra
The Eleventh Circuit recently decided not to rehear en banc a panel decision which held that a TCPA class action settlement could not include an incentive award for the lead plaintiff. See Johnson v. NPAS Sols., LLC, No. 18-12344, 2022 WL 3083717 (11th Cir. Aug. 3, 2022).
Supreme Court Decides American Hospital Association v. Becerra, Secretary of Health and Human Services | JD Supra
On June 15, 2022, the U.S. Supreme Court decided American Hospital Association, et al. v. Becerra, Secretary of Health and Human Services, et al., No. 20-1114, holding that the Department of Health and Human Services (HHS) cannot alter reimbursement rates for hospitals that provide prescription drugs to Medicare patients without surveying acquisition costs for the drugs, as required by the Medicare statute. HHS reimburses hospitals for the cost of prescription drugs they provide Medicare patients.
Supreme Court Decides City of Austin, Texas v. Reagan National Advertising of Austin, LLC | JD Supra
On April 21, 2022, the U.S. Supreme Court decided City of Austin, Texas v. Reagan National Advertising of Austin, LLC, et al., No. 20-1029, holding that a city ordinance regulating offsite advertising is not subject to strict scrutiny under the First Amendment because the regulation is content-neutral.
Supreme Court Decides Boechler, P.C. v. Commissioner of Internal Revenue | JD Supra
On April 21, 2022, the U.S. Supreme Court decided Boechler, P.C. v. Commissioner of Internal Revenue, No. 20-1472, holding that the 30-day period to petition for review of an IRS Independent Office of Appeals’ decision is a nonjurisdictional deadline subject to equitable tolling. The IRS assessed tax penalties against Boechler, P.C., a North Dakota law firm, and proposed to collect them through a levy on Boechler’s property.
Second Circuit Diverges from Third, Holds that an Unsolicited Invitation to Participate in a Survey is Not Actionable Under the TCPA | JD Supra
The Second Circuit recently addressed whether a faxed invitation to participate in a market research survey is an “unsolicited advertisement” actionable under the TCPA. In Bruce Katz, M.D., P.C. v. Focus Forward LLC, 22 F.4th 368, 374 (2d Cir. 2022), the Court of Appeals held that under the plain text of the TCPA, an offer to participate in a survey, without more, is not an advertisement because it does not communicate the “availability or quality of any property, goods, or services.” Id. at 372.
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