Supreme Court Cases for New York and New Jersey Businesses to Watch

Supreme Court Cases for New York and New Jersey Businesses to Watch

This month, the U.S. Supreme Court started a new term. While the justices have generally been considered “business friendly,” the trend is not guaranteed to continue. Below are several cases we will be watching:

McCutcheon v. Federal Election Commission: In its first case of the term, the justices considered a constitutional challenge to the aggregate contribution limits to federal candidates and political committees. The decision could alter the cap on corporate donations.

DaimlerChrysler AG v. Bauman: The Court will consider whether an employee of an indirect subsidiary of a foreign parent corporation can sue for human rights violations in the United States.

Mount Holly v. Mount Holly Gardens Citizens in Action: The Court will consider whether disparate impact claims can be brought under the Fair Housing Act, a  decision that will have implications for lenders and insurance companies.

Environmental Protection Agency v. EME Homer City Generation and American Lung Association v. EME Homer City Generation: The Court will consider whether the U.S. Environmental Protection Agency exceeded its authority by issuing air pollution regulations that cross state lines.

National Labor Relations Board v. Noel Canning Corp.: The Court will consider the reach of the Recess Appointment Clause of the U.S. Constitution, which allows the President to fill vacancies that occur while the Senate is at recess.

Highmark Inc. v. Allcare Management Systems, Inc.: The Court will consider whether litigants who prevail against patent trolls can be reimbursed for their litigation expenses under 35 U.S.C. § 285, which permits the court to award attorney’s fees in “exceptional cases.”

The Supreme Court will likely continue to add cases to the docket that may be of interest to the business community. We encourage you to check back for updates. Many of the decisions will also be discussed in-depth on the Scarinci Hollenbeck Constitutional Law Reporter.

If you have any questions about these cases or would like to discuss the legal issues involved, please contact me, Christine Vanek, or the Scarinci Hollenbeck attorney with whom you work.