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Articles by Mark D. Taticchi
Supreme Court Decides Feliciano v. Department of Transportation | JD Supra
On April 30, 2025, the U.S. Supreme Court decided Feliciano v. Department of Transportation, No. 23-861, holding that federally employed military reservists called to active duty during wartime or a national emergency are entitled to differential pay compensation for the difference between their civilian pay and their military pay even if their duty is not directly connected to that national emergency. A federal statute, 5 U. S. C.
Supreme Court Decides Medical Marijuana, Inc. v. Horn | JD Supra
On April 2, 2025, the Supreme Court of the United States issued a decision in Medical Marijuana, Inc. v. Horn, No. 23-365, holding that the RICO civil cause of action for “[a]ny person injured in his business or property,” 18 U.S.C. § 1964(c), extends to injuries to business or property that derive from personal injuries.
Supreme Court Decides Food and Drug Administration v. Wages and White Lion Investments, LLC | JD Supra
On April 2, 2025, the U.S. Supreme Court decided Food and Drug Administration v. Wages and White Lion Investments, LLC, No. 23-1038, holding that FDA’s denial of the respondents’ application to market certain flavored e-cigarette products did not violate the change-in-position doctrine and that the Fifth Circuit had erred in its application of the Court’s harmless-error precedents.
Supreme Court Decides United States v. Miller | JD Supra
On March 26, 2025, the United States Supreme Court decided United States v. Miller, No. 23-824, resolving a circuit split and holding that in an action brought under § 544(b) of the bankruptcy code, § 106(a)’s sovereign immunity waiver applies only to the § 544(b) claim itself and not to any state-law claims nested within the federal bankruptcy claim. Two provisions of the Bankruptcy Code were at issue in the case.
Supreme Court Decides Bondi, Attorney General, et al. v. Vanderstok, et al. | JD Supra
On March 26, 2025, the Supreme Court decided Bondi, Attorney General, et al. v. Vanderstok, et al., No. 23-852, and held that the Bureau of Alcohol, Tobacco, Firearms, and Explosives’ (ATF) rule interpreting the Gun Control Act (the Act) to cover weapon-parts kits that are “designed to or may readily be converted to expel a projectile” and “partially complete, disassembled, or nonfunctional” frames or receivers is not facially inconsistent with the Act.
Supreme Court Decides Trump v. United States | JD Supra
On July 1, 2024, the U.S. Supreme Court decided Trump v. United States, No. 23-939, holding that former Presidents are absolutely immune from criminal prosecution for official acts that arise within their “conclusive and preclusive constitutional authority.” Moreover, the Court held that there is a presumption of immunity for all official acts, including those that do not arise out of the President’s conclusive and preclusive authority.
Supreme Court Decides Moyle v. United States and Idaho v. United States | JD Supra
On June 27, 2024, the U.S. Supreme Court decided Moyle v. United States, No. 23-726, and Idaho v. United States, No. 23-727, holding the writs of certiorari before judgment granted to hear the cases were improvidently granted; the Court accordingly dismissed the writs and vacated its previously entered stay of the district court’s injunction. The State of Idaho passed the Defense of Life Act, which prohibited all abortions unless they were necessary to save the life of the mother.
Supreme Court Decides Harrington v. Purdue Pharma L.P. | JD Supra
On June 27, 2024, the U.S. Supreme Court decided Harrington v. Purdue Pharma L.P., No. 23-124, holding that the Bankruptcy Code does not authorize a release and injunction that, as part of a plan of reorganization under Chapter 11, effectively seeks to discharge claims against a nondebtor without the consent of affected claimants. In 2019, facing thousands of civil lawsuits alleging it deceptively marketed the prescription pain narcotic OxyContin, Purdue Pharma filed for Chapter 11 bankruptcy.
Supreme Court Decides Snyder v. United States | JD Supra
On June 26, 2024, the U.S. Supreme Court decided Snyder v. United States, No. 23-108, holding that federal statute 18 U. S. C. § 666, which makes it a crime for most state and local officials to “corruptly” solicit, accept, or agree to accept “anything of value” “intending to be influenced or rewarded in connection with” any official business or transaction worth $5,000 or more, does not prohibit covered officials from accepting gratuities given based on their past acts.
Supreme Court Decides Moore v. United States | JD Supra
On June 20, 2024, the U.S. Supreme Court decided Moore v. United States, No. 22-800, holding that the Mandatory Repatriation Tax (MRT) — a provision in a 2017 tax reform law — could constitutionally impose a one-time pass-through tax on certain American shareholders of American-controlled foreign corporations.
Supreme Court Decides Cantero v. Bank of America, N.A. | JD Supra
May 31, 2024 To embed, copy and paste the code into your website or blog: On May 30, 2024, the U.S. Supreme Court decided Cantero v. Bank of America, N.A., No. 22-529, holding that courts must conduct a practical assessment of the nature and degree of the interference when determining whether a state regulation “significantly interferes with the exercise by the national bank of its powers” and is thus preempted by the Dodd-Frank Act.
Supreme Court Decides Sheetz v. El Dorado County | JD Supra
On April 12, 2024, the United States Supreme Court decided Sheetz v. El Dorado County, No. 22-1074, holding that the Takings Clause “does not distinguish between legislative and administrative permit conditions,” but instead “prohibits legislatures and agencies alike from imposing unconstitutional conditions on land-use permits.” El Dorado County’s legislative body required developers to pay a traffic impact fee as a condition of receiving a building permit.
Supreme Court Decides Macquarie Infrastructure Corp. v. Moab Partners, L.P. | JD Supra
On April 12, 2024, the United States Supreme Court decided Macquarie Infrastructure Corp. v. Moab Partners, L.P., No. 22-1165, holding that an omission violates Rule 10b-5(b) only if the omission renders other affirmative statements misleading. Macquarie Infrastructure Corporation owns a subsidiary that operates large “bulk liquid storage terminals” that store liquid commodities, including No. 6 fuel oil, which has a sulfur content around 3%.
Supreme Court Decides Trump v. Anderson | JD Supra
On March 4, 2024, the Supreme Court decided Trump v. Anderson, No. 23-719, holding that States may enforce Section 3 of the Fourteenth Amendment of the U.S. Constitution against federal officeholders or candidates only to the extent Congress gives them authority to do so; and because Congress has not done so, the State of Colorado may not exclude former President Donald J. Trump from the ballot for the 2024 Republican Party primary. A group of Colorado voters challenged former President Donald J.
Supreme Court Decides Great Lakes Insurance SE v. Raiders Retreat Realty Co., LLC | JD Supra
On February 21, 2024, the U.S. Supreme Court decided Great Lakes Insurance SE v. Raiders Retreat Realty Co., LLC, No. 22-500. The Court held that choice-of-law provisions in maritime contracts are presumptively enforceable under federal maritime law with narrow exceptions that were not applicable in the case before it. Raiders Retreat Realty, a Pennsylvania business, purchased a boat-insurance policy from Great Lakes Insurance, a company organized in Germany and headquartered in the United Kingdom.
Supreme Court Decides Students for Fair Admissions, Inc. v. President and Fellows of Harvard College and Students for Fair Admissions, Inc. v. University of North Carolina et al. | Faegre Drinker Biddle & Reath LLP - JDSupra
On June 29, 2023, the U.S. Supreme Court decided Students for Fair Admissions, Inc. v. President and Fellows of Harvard College, No. 20-1199, and Students for Fair Admissions, Inc. v. University of North Carolina et al., No. 21-707, holding that the admissions programs used by Harvard College and the University of North Carolina violate the Equal Protection Clause of the Fourteenth Amendment.
Supreme Court Decides Mallory v. Norfolk Southern Railway Co. | JD Supra
On June 27, 2023, the U.S. Supreme Court decided Mallory v. Norfolk Southern Railway Co., No. 21-1168, holding that the Pennsylvania Supreme Court had erred in concluding that the U.S. Supreme Court’s decision in Pennsylvania Fire Insurance Co. of Philadelphia v. Gold Issue Mining & Milling Co., 243 U. S. 93 (1917), had been implicitly overruled by subsequent U.S. Supreme Court decisions. Robert Mallory is a former employee of Norfolk Southern Railway Company.
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 United States et al. ex rel. Schutte et al. v. SuperValu Inc. et al. | JD Supra
On June 1, 2023, the U.S. Supreme Court decided U.S. ex rel. Schutte v. SuperValu, No. 21-1326, together with U.S. ex rel. Proctor v. Safeway, Inc, No. 22-111, vacating and remanding the decisions below and holding that the FCA’s scienter element refers to a defendant’s knowledge and subjective beliefs — not to what an objectively reasonable person may have known or believed. The False Claims Act (FCA) imposes liability on anyone who “knowingly” submits a “false” claim to the government.
Supreme Court Decides Glacier Northwest, Inc. v. International Brotherhood of Teamsters Local Union No. 174 | JD Supra
On June 1, 2023, the U.S. Supreme Court decided Glacier Northwest, Inc., d/b/a Calportland v. International Brotherhood of Teamsters Local Union No. 174, No. 21-1449, reversing and remanding the decision below and holding that the National Labor Relations Act (NLRA) does not preempt an employer’s state-law tort claim alleging that a union intentionally destroyed the company’s property during a labor dispute. Glacier Northwest delivers concrete to customers in Washington State.
Supreme Court Decides Slack Technologies v. Pirani | JD Supra
On June 1, 2023, the U.S. Supreme Court decided Slack Technologies v. Pirani, No. 22-200, holding that a cause of action arising from § 11(a) of the Securities Act of 1933 for a material misstatement or omission in a securities registration statement is only available to a party who purchased a security issued pursuant to that particular registration statement. Slack, a technology company, first made its stock publicly available on the New York Stock Exchange in 2019 through a direct listing.
Supreme Court Decides Turkiye Halk Bankasi A.S., aka Halkbank v. United States | JD Supra
On April 19, 2023, the U.S. Supreme Court decided Turkiye Halk Bankasi A.S., aka Halkbank v. United States, holding that the district court has jurisdiction under 18 U.S.C. § 3231 over the prosecution of Halkbank and that the Foreign Sovereign Immunities Act (FSIA) does not provide immunity from criminal prosecution. Halkbank is a bank owned by the Republic of Turkey. The United States indicted Halkbank for conspiring to evade the U.S. economic sanctions against Iran.
Supreme Court Decides Becerra v. Empire Health Foundation | JD Supra
On June 24, 2022, the U.S. Supreme Court decided Becerra v. Empire Health Foundation, No. 20-1312, holding that, in calculating the “Medicare fraction” component in determining Medicare reimbursements to hospitals, individuals entitled to Medicare Part A benefits are all those qualifying for the program, regardless of whether they receive Medicare payments for the entirety of a hospital stay.
Supreme Court Decides New York State Rifle & Pistol Association, Inc. v. Bruen | JD Supra
On June 23, 2022, the U.S. Supreme Court decided New York State Rifle & Pistol Association, Inc. v. Bruen, No. 20-843, holding that the Second and Fourteenth Amendments protect an individual’s right to carry a handgun for self-defense outside the home and that New York’s requirement that an individual demonstrate a special need in order to do so violates those protections.
Supreme Court Decides Siegel v. Fitzgerald | JD Supra
On June 6, 2022, the U.S. Supreme Court decided Siegel v. Fitzgerald, No. 21-441, holding that Congress’s enactment of a significant fee increase that exempted bankruptcy debtors in two states violated the uniformity requirement of the Constitution’s Bankruptcy Clause. Concerned by the high workload of bankruptcy judges, Congress created the United States Trustee Program to transfer administrative functions previously handled by those judges to a stakeholder — the U.S. Trustee.
Supreme Court Decides Southwest Airlines Co. v. Saxon | JD Supra
On June 6, 2022, the U.S. Supreme Court decided Southwest Airlines Co. v. Saxon, No. 21-309, holding that a Southwest Airlines employee whose work involved loading and unloading cargo from planes that travel across state lines belonged to a “class of workers engaged in foreign or interstate commerce” under § 1 of the Federal Arbitration Act (FAA). The Petitioner, Latrice Saxon, is a ramp supervisor at Chicago Midway International Airport.
Supreme Court Decides Wisconsin Legislature v. Wisconsin Elections Commission | JD Supra
On March 23, 2022, the U.S. Supreme Court decided Wisconsin Legislature v. Wisconsin Elections Commission, No. 21A471, holding that the Wisconsin Supreme Court, in accepting state Assembly and Senate maps that the Governor had proposed, failed to answer whether a race-neutral alternative that did not add a seventh majority-black district would deny black voters equal political opportunity.
Supreme Court Decides Federal Bureau of Investigation v. Fazaga | JD Supra
On March 4, 2022, the U.S. Supreme Court decided Federal Bureau of Investigation v. Fazaga, No. 20-828, holding that Section 1806(f) of the Foreign Intelligence Surveillance Act of 1978 (FISA), which establishes procedures for determining the lawfulness and admissibility of surveillance information gathered by the government pursuant to FISA, does not displace the state secrets privilege.
Supreme Court Decides United States v. Zubaydah | JD Supra
On March 3, 2022, the U.S. Supreme Court decided United States v. Zubaydah, No. 20-827, holding that the state secrets privilege allows the Government to prevent the disclosure of information that could confirm or deny the existence of a CIA detention facility in Poland.
Supreme Court Decides Mahanoy Area School District v. B.L. | JD Supra
On June 23, 2021, the U.S. Supreme Court decided Mahanoy Area School District v. B.L., holding that a Pennsylvania public high school violated a student’s First Amendment rights when it suspended her from the cheerleading team after she criticized her coaches’ decision to place her on the junior varsity cheerleading team rather than the varsity squad. B.L., a student at Mahanoy Area High School, tried out for the school’s varsity cheer squad.
Supreme Court Decides National Collegiate Athletic Association v. Alston | JD Supra
On June 21, 2021, the U.S. Supreme Court decided National Collegiate Athletic Association v. Alston, unanimously holding that the NCAA’s restrictions on education-related benefits for college athletes violates federal antitrust law.
Supreme Court Decides Nestle USA, Inc. v. Doe | JD Supra
On June 17, 2021, the Supreme Court held in Nestle USA, Inc. v. Doe I, that a plaintiff seeking domestic application of the Alien Tort Statute, 28 U.S.C. § 1350 (“ATS”), must demonstrate that the facts giving rise to the cause of action center around the corporation’s domestic conduct; allegations of general corporate activity, such as “corporate decisionmaking,” are insufficient. The case was consolidated on appeal with Cargill Inc. v.
Supreme Court Decides United States v. Cooley | JD Supra
On June 1, 2021, the Supreme Court decided United States v. Cooley, No. 19-1414, holding that Indian tribe police officers retain authority to search and temporarily detain suspected non-Indian criminals on public rights-of-way within the tribe’s reservation. In Cooley, the Court considered the propriety of a stop of a non-Indian motorist effectuated by an Indian nation’s police officer on a public right-of-way running through the officer’s reservation.
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.
Supreme Court Decides Facebook, Inc. v. Duguid | JD Supra
On April 1, 2021, the U.S. Supreme Court decided Facebook, Inc. v. Duguid, holding that to qualify as an “automatic telephone dialing system” (commonly referred to as an “autodialier”) under Section 227(a)(1)(A) of the Telephone Consumer Protection Act (TCPA), “a device must have the capacity either to store a telephone number using a random or sequential number generator, or to produce a telephone number using a random or sequential number generator.” Facebook, Inc.
Supreme Court Decides Salinas v. Railroad Retirement Board | JD Supra
On February 3, 2021, the U.S. Supreme Court decided Salinas v. United States Railroad Retirement Board, No. 19–199, holding that a refusal by the U.S. Railroad Retirement Board to reopen a prior benefits determination is subject to judicial review. The Railroad Retirement Act of 1974 (RRA) provides long-term retirement and disability benefits to railroad employees.
Supreme Court Decides Federal Republic of Germany v. Philipp | JD Supra
On February 3, 2021, the U.S. Supreme Court decided Federal Republic of Germany v. Philipp, No. 19–351, holding that the expropriation exception to the Foreign Sovereign Immunities Act (FSIA) does not apply to a domestic taking of property from a country’s own citizens. Under the FSIA, “foreign nations are presumptively immune” from suit in U.S. courts.
Time Is Ripe for 3rd Circ. to Address Certification of Medical-Monitoring Classes
Mark D. Taticchi and Jeffrey P. Justman of Faegre Drinker Biddle & Reath With mass tort cases on the rise, one increasingly common form of relief plaintiffs seek is “medical monitoring,” where the defendants pay for plaintiffs’ consultations with doctors to detect potentially latent conditions or diseases, as in M.P. v. Allergan, No. 2:19-cv-22126 (D.N.J.) (Dec. 30, 2019); Doe v. Allergan, No. 2:19-cv-05138 (E.D. Pa.) (Nov. 1, 2019) and Banks v. E.I. du Pont de Nemours & Co., No. 1:19-cv-01672 (D.
Stranded in State Court: Supreme Court Holds that Third-Party Counterclaim Defendants Cannot Remove Class-Action Counterclaims to Federal Court | JD Supra
Updated: May 25, 2018: JD Supra is a legal publishing service that connects experts and their content with broader audiences of professionals, journalists and associations.
Supreme Court Gives Employers Another Tool to Fend Off Class Actions | Lexology
Earlier this week, the U.S. Supreme Court held that an arbitration agreement cannot be read as permitting class arbitration unless the agreement clearly and explicitly so provides; it is not enough that the agreement is susceptible to the interpretation that it permits class arbitration. This holding gives employers another tool to fend off class actions and compel alleged class claims to individual arbitration.
Consent, Not Coercion: Supreme Court Rejects Contractual Ambiguity as a Basis for Class Arbitration
Wednesday, April 24, 2019 The Lede Arbitration is a matter of consent, not coercion. That straightforward legal principle has been the polestar of much of the Supreme Court’s arbitration jurisprudence for the past 20 years.
House Judiciary Subcommittee Holds Hearing on Abusive TCPA Litigation
On Tuesday, June 13, 2017, the House Judiciary Committee’s Subcommittee on the Constitution and Civil Justice held a hearing on “Lawsuit Abuse and the Telephone Consumer Protection Act.” Based on the testimony, statements, and questions at the hearing, it seems that the Subcommittee is in the very early stages of considering possible reforms to the TCPA.
Caveat Venditor: California Appellate Court Endorses "Momentum to Buy" Theory of Reliance in UCL/FAL Cases
In a recent decision under Unfair Competition Law (UCL), False Advertising Law (FAL), and Consumers Legal Remedies Act (CLRA), a California appellate court held that, in at least some circumstances, a consumer who knows the true facts at the time of purchase may nonetheless challenge the retailer’s marketing of the product as deceptive.
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