Jenner & Block

Supreme Court Co-Chairs Preview U.S. Supreme Court’s Top Business Cases

While Supreme Court watchers often caution that quiet Terms often follow blockbuster ones, The National Law Journal recently judged the Justices’ Fall Docket to again be peppered with a number of important cases, including some “high stakes challenges involving the death penalty for juveniles…[and]… a potential revolution in federal criminal sentencing…”

The four Co-Chairs of Jenner & Block’s prominent Appellate & Supreme Court Practice also have considered the High Court’s upcoming caseload,  and have written analyses of the several cases this Term that they think will be of particular interest to businesses:

  • Heald v. Engler & Swedenburg v. Kelly:  A battle over the 21st amendment and the extent to which it allows the states to regulate wineries’ direct shipment of their alcoholic beverages to consumers.  Analysis by Partner Barry Sullivan.
  • Veneman v. Livestock Marketing Ass’n and Nebraska Cattlemen Inc. v. Livestock Marketing of  Ass’n:  A First Amendment dispute over the right of the federal government to mandate beef producers to participate in an industry association’s consumer advertising campaign.  Analysis by Partner Paul M. Smith.
  • KP Permanent Make-up v. Lasting Impression I:  A choice between the Ninth Circuit’s broader fact-driven interpretation of the “fair use defense” and the narrower bright-line approach adopted by other Circuits.  Analysis by Partner Barry Levenstam.
  • Smith v. City of Jackson, Mississippi:  A case where the Justices decide whether so-called "disparate impact" claims can be brought under the Age Discrimination and Employment Act’s (ADEA), as they are under Title VII.  Analysis by Partner Donald B. Verrilli, Jr.
  • Dura Pharmaceuticals, Inc. v. Broudo:  A securities fraud case in which the Ninth Circuit authorized claims for alleged failures to disclose harmful corporate information to go forward even though there was no proof that Dura's alleged failure to disclose information caused any reduction in the price of its stock.  Analysis by Partner Donald B. Verrilli, Jr.
     

Heald v. Engler & Swedenburg v. Kelly

Veneman v. Livestock Marketing Ass’n and Nebraska Cattlemen Inc. v. Livestock Marketing of Ass’n

KP Permanent Make-up v. Lasting Impression

Smith v. City of Jackson, Mississippi

Dura Pharmaceuticals, Inc. v. Broudo