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 Secures Major Win for Jersey City Renovation Project post image

Scarinci Hollenbeck Secures Major Win for Jersey City Renovation Project

Donald M. Pepe and Patrick T. Conlon Secure Appellate Ruling Dismissing Challenge to Jersey City Improvement Project Little Falls, NJ – October 22, 2025 – Scarinci Hollenbeck, LLC has secured a significant appellate win on behalf of the Exchange Place Alliance District Management Corporation. The Appellate Division of the New Jersey Supreme Court affirmed the […]

Author: Scarinci Hollenbeck, LLC

Link to post with title - "Scarinci Hollenbeck Secures Major Win for Jersey City Renovation Project"
Somerset County Counsel Joins Scarinci Hollenbeck Real Estate Section post image

Somerset County Counsel Joins Scarinci Hollenbeck Real Estate Section

Veteran New Jersey Real Estate Attorney Joe DeMarco and Two Associates Join Scarinci Hollenbeck Little Falls, NJ — September 25, 2025 — In a move that bolsters the capabilities of its leading Real Estate, Land Use, and Public Practices, Scarinci Hollenbeck, LLC has added Joseph DeMarco as Partner. DeMarco is a veteran attorney and municipal […]

Author: Scarinci Hollenbeck, LLC

Link to post with title - "Somerset County Counsel Joins Scarinci Hollenbeck Real Estate Section"
Don Pepe and Donald Scarinci Named to NJBIZ's 2025 Power 50 in Law List post image

Don Pepe and Donald Scarinci Named to NJBIZ's 2025 Power 50 in Law List

Scarinci Hollenbeck Congratulates Partners Don Pepe and Donald Scarinci for Inclusion in NJBIZ’s 2025 Power 50 in Law List Little Falls, NJ — September 23, 2025 — Scarinci Hollenbeck, LLC is proud to announce that Donald Scarinci, Founding & Managing Partner, and Donald M. Pepe, Partner of the firm’s Commercial Real Estate Department, were both […]

Author: Scarinci Hollenbeck, LLC

Link to post with title - "Don Pepe and Donald Scarinci Named to NJBIZ's 2025 Power 50 in Law List"
Christopher D. Warren Appointed to NJ Ethics Committee post image

Christopher D. Warren Appointed to NJ Ethics Committee

Scarinci Hollenbeck Partner Christopher D. Warren Named to New Jersey Supreme Court District VI Ethics Committee Little Falls, NJ — September 5, 2025 — Scarinci Hollenbeck, LLC is proud to announce that Christopher D. Warren, Partner, has been appointed to serve on the New Jersey Supreme Court District VI Ethics Committee for the term 2025–2029. Mr. Warren brings more than […]

Author: Scarinci Hollenbeck, LLC

Link to post with title - "Christopher D. Warren Appointed to NJ Ethics Committee"
Scarinci Hollenbeck Awards Inaugural Theodore A. Schwartz Scholarship for Environmental Law post image

Scarinci Hollenbeck Awards Inaugural Theodore A. Schwartz Scholarship for Environmental Law

Scarinci Hollenbeck Congratulates Theodore A. Schwartz Scholarship Recipient Adrienne Aiken Little Falls, NJ — July 21, 2025 — Scarinci Hollenbeck, LLC established the Theodore A. Schwartz Scholarship for Environmental Law to recognize the contributions of retired partner Theodore “Ted” Schwartz and support the next generation of environmental lawyers. Adrienne Aiken, the recipient of the 2025 […]

Author: Scarinci Hollenbeck, LLC

Link to post with title - "Scarinci Hollenbeck Awards Inaugural Theodore A. Schwartz Scholarship for Environmental Law"
Scarinci Hollenbeck Attorneys Recognized as 2026 Best Lawyers in America® post image

Scarinci Hollenbeck Attorneys Recognized as 2026 Best Lawyers in America®

Ten Scarinci Hollenbeck Attorneys Recognized in 2026 Edition of Best Lawyers in America© Little Falls NJ – August 28, 2025 – Scarinci Hollenbeck, LLC is pleased to announce that ten attorneys have been recognized in the 2026 edition of The Best Lawyers in America®. First published in 1983, Best Lawyers is universally regarded as the definitive guide to legal excellence. […]

Author: Scarinci Hollenbeck, LLC

Link to post with title - "Scarinci Hollenbeck Attorneys Recognized as 2026 Best Lawyers in America®"

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!