Scarinci Hollenbeck, LLC, LLCScarinci Hollenbeck, LLC, LLC

Firm News

Business Cases to Watch on U.S. Supreme Court’s Docket

Author: Scarinci Hollenbeck, LLC

Date: September 27, 2016

Key Contacts

Back

September also means the end of summer break for the U.S. Supreme Court.

When the justices return to the bench for the October 2016 Term, they will consider a number of key commercial law issues. This post offers a brief summary of several business cases to watch that may interest New Jersey businesses.

Venezuela v. Helmerich & Payne Int’l

In a case springing from Venezuela’s decision to nationalize its oil industry, the justices will consider how to interpret the Foreign Sovereign Immunities Act’s (FSIA) expropriation exception. It provides in pertinent part, “[a] foreign state shall not be immune … in any case … in which rights in property taken in violation of international law are in issue.”

The specific question before the Court is: “Whether the pleading standard for alleging that a case falls within the Foreign Sovereign Immunities Act’s expropriation exception is more demanding than the standard for pleading jurisdiction under the federal question statute, which allows a jurisdictional dismissal only if the federal claim is wholly insubstantial and frivolous.” Accordingly, the decision is expected to clarify when businesses may sue a foreign government in U.S. courts for seizing property located overseas but owned by a U.S. firm.

Murr v. Wisconsin

The Supreme Court will consider how to define the term “parcel as a whole” in a regulatory taking case. In Penn Central Transp. Co. v. New York City, 438 U.S. 104 (1978), the Court held that “in deciding whether a particular governmental action has effected a taking” the court should focus on “both on the character of the action and on the nature and extent of the interference with rights in the parcel as a whole…”

The lower courts are divided regarding whether the “parcel as a whole” concept created a rule that two legally distinct, but commonly owned contiguous parcels, must be combined for takings analysis purposes. The key issue in Murr — whether physically contiguous parcels that are owned by the same entity should be considered one parcel for purposes of a takings claim even if they are legally distinct — could have a significant impact on New Jersey developers.

Lightfoot v. Cendant Mortgage Corporation

The Court has agreed to consider federal court jurisdiction over mortgage disputes involving the Federal National Mortgage Association (“Fannie Mae”). The congressional charter of Fannie Mae grants it the power “to sue and to be sued, and to complain and to defend, in any court of competent jurisdiction, State or Federal.” The primary question before the Court is whether the phrase ‘to sue and be sued, and to complain and to defend, in any court of competent jurisdiction, State or Federal’ confers original jurisdiction over every case brought by or against Fannie Mae to the federal courts.

Czyzewski v. Jevic Holding Corporation

The case centers on the Bankruptcy Code’s order of priorities. Section 507 of the Bankruptcy Code grants payment priority to some unsecured claims, including claims for certain wages and employee benefits earned before the bankruptcy filing. These priority claims must be paid in full before other unsecured claims may be paid from estate assets. In this chapter 11 case, the debtor agreed to settle a cause of action belonging to the estate. Rather than distributing the settlement proceeds under a confirmed plan of reorganization, the debtor then sought a “structured dismissal” of the bankruptcy case.

The dismissal order provided that the settlement proceeds would be paid to general unsecured creditors, rather than to petitioners, former employees of the debtor whose claims have priority over those of general unsecured creditors under Section 507. The justices have agreed to address a circuit split regarding “whether a bankruptcy court may authorize the distribution of settlement proceeds in a manner that violates the statutory priority scheme.”

Visa v. Stoumbos

The closely-watched anti-trust case challenges the way major banks establish fees for ATM use. The Court has specifically agreed to settle a division among the federal circuit courts regarding “whether allegations that members of a business association agreed to adhere to the association’s rules and possess governance rights in the association, without more, are sufficient to plead the element of conspiracy in violation of Section 1 of the Sherman Act.

No Aspect of the advertisement has been approved by the Supreme Court. Results may vary depending on your particular facts and legal circumstances.

Scarinci Hollenbeck, LLC, LLC

Related Posts

See all
Scarinci Hollenbeck Attorneys Named 2026 New York Metro Super Lawyers post image

Scarinci Hollenbeck Attorneys Named 2026 New York Metro Super Lawyers

Three Scarinci Hollenbeck NYC Attorneys Earn Prestigious Honor Legal rankings publisher Super Lawyers has named three lawyers from Scarinci Hollenbeck’s New York office to its 2026 New York Metro Super Lawyers list. The firm congratulates Ryan O. Miller, Angela A. Turiano, and John D. Giampolo for this notable accomplishment. The Super Lawyers patented selection process […]

Author: Scarinci Hollenbeck, LLC

Link to post with title - "Scarinci Hollenbeck Attorneys Named 2026 New York Metro Super Lawyers"
Scarinci Hollenbeck Deepens Legal Talent with Strategic Additions of Two Partners, Counsel, and Senior Associate post image

Scarinci Hollenbeck Deepens Legal Talent with Strategic Additions of Two Partners, Counsel, and Senior Associate

Firm Continues Investment in Business Law, Bankruptcy & Restructuring, Litigation, and Real Estate to Meet Evolving Client Demands Scarinci Hollenbeck new partners John D. Giampolo and George A. McGowan, III are joining the firm, alongside Counsel Graham K. Staton and Senior Associate Amanda M. Kronemeyer. The four additions reflect Scarinci Hollenbeck’s continued investment in the […]

Author: Scarinci Hollenbeck, LLC

Link to post with title - "Scarinci Hollenbeck Deepens Legal Talent with Strategic Additions of Two Partners, Counsel, and Senior Associate"
Ryan O. Miller Named 2026 GlobeSt Influencer in Retail Real Estate post image

Ryan O. Miller Named 2026 GlobeSt Influencer in Retail Real Estate

GlobeSt editors recognize Scarinci Hollenbeck partner as one of the most accomplished and influential leaders in NYC commercial real estate Scarinci Hollenbeck, LLC is pleased to announce that Ryan O. Miller, Partner in the firm’s New York office and a leading voice in NYC commercial real estate, has been selected by the editors of GlobeSt […]

Author: Scarinci Hollenbeck, LLC

Link to post with title - "Ryan O. Miller Named 2026 GlobeSt Influencer in Retail Real Estate"
Scarinci Hollenbeck Secures Land Use Approvals for 55-Story Mixed-Use Development in Journal Square, Jersey City post image

Scarinci Hollenbeck Secures Land Use Approvals for 55-Story Mixed-Use Development in Journal Square, Jersey City

Partner Donald M. Pepe Guides Approval of 840-Unit Tower with Affordable Housing and Community Amenities in Jersey City’s Journal Square Scarinci Hollenbeck, LLC is pleased to announce that Partner Donald M. Pepe recently secured Journal Square land use approvals for a transformative 55-story mixed-use development located at 2859-2873 John F. Kennedy Boulevard, one of Jersey […]

Author: Scarinci Hollenbeck, LLC

Link to post with title - "Scarinci Hollenbeck Secures Land Use Approvals for 55-Story Mixed-Use Development in Journal Square, Jersey City"
Bankruptcy Attorney and Broadway Producer: Scarinci Hollenbeck's Brian Spector Brings Wild About You to London post image

Bankruptcy Attorney and Broadway Producer: Scarinci Hollenbeck's Brian Spector Brings Wild About You to London

Scarinci Hollenbeck Partner Brian D. Spector has spent over 40 years building a distinguished career in bankruptcy and creditors’ rights law. Along the way, he also became a Tony Award™-winning Broadway producer. In January 2027, that second career reaches a new milestone in London, where Wild About You, the new musical he has been developing […]

Author: Scarinci Hollenbeck, LLC

Link to post with title - "Bankruptcy Attorney and Broadway Producer: Scarinci Hollenbeck's Brian Spector Brings Wild About You to London"
Scarinci Hollenbeck Attorneys Named to New Jersey Super Lawyers 2026 post image

Scarinci Hollenbeck Attorneys Named to New Jersey Super Lawyers 2026

Scarinci Hollenbeck Attorneys Named to New Jersey Super Lawyers 2026 and Rising Stars Lists Scarinci Hollenbeck is pleased to announce that several of its attorneys have been selected for inclusion in the New Jersey Super Lawyers 2026 and Rising Stars lists. The annual recognition highlights attorneys who have attained a high degree of peer recognition […]

Author: Scarinci Hollenbeck, LLC

Link to post with title - "Scarinci Hollenbeck Attorneys Named to New Jersey Super Lawyers 2026"

No Aspect of the advertisement has been approved by the Supreme Court. Results may vary depending on your particular facts and legal circumstances.

Sign up to get the latest from our attorneys!

Explore What Matters Most to You.

Consider subscribing to our Firm Insights mailing list by clicking the button below so you can keep up to date with the firm`s latest articles covering various legal topics.

Stay informed and inspired with the latest updates, insights, and events from Scarinci Hollenbeck. Our resource library provides valuable content across a range of categories to keep you connected and ahead of the curve.

Let`s get in touch!

* The use of the Internet or this form for communication with the firm or any individual member of the firm does not establish an attorney-client relationship. Confidential or time-sensitive information should not be sent through this form. By providing a telephone number and submitting this form you are consenting to be contacted by SMS text message. Message & data rates may apply. Message frequency may vary. You can reply STOP to opt-out of further messaging.

Sign up to get the latest from the Scarinci Hollenbeck, LLC attorneys!