On May 25, 2023, the United States Supreme Court ruled in favor of landowners seeking to build a modest home on “wetlands” in Sackett v. EPA. This ruling represents not only a clarification of a major law relevant to companies seeking to develop land near water bodies, but also a significant limitation on the EPA’s
US Supreme Court
OK Boomer
“OK Boomer” is a common catchphrase, often used in the context of a younger person being dismissive of an older person. The person on the receiving end of the quip may not be a “Boomer” per se (i.e., a member Baby Boomer generation), and should the recipient of the quip point that fact…
Draft Carefully – Recent U.S. Supreme Court Case Serves as Lesson to Properly Preserve Issues on Appeal
The Supreme Court of the United States recently handed down a decision on the statute of limitations period under the Fair Debt Collection Practices Act (the “FDCPA”) to start off its term. The case provides a lesson to practitioners to draft carefully; the failure to do so may result in the loss of the cause…
Update: Supreme Court Rejects Punitive Damages for Unseaworthiness Claims
Today, the U.S. Supreme Court resolved a Circuit Split, holding that punitive damages are not recoverable to a seaman under an unseaworthiness claim. The Court, in a 6-3 ruling, sided with the U.S. Fifth Circuit’s analysis under McBride and reversed the U.S. Ninth Circuit’s decision in Dutra v. Batterton. The Court followed Townsend,…
U.S. Supreme Court Limits Forum Shopping by Railroad Employees… and by Extension Jones Act Seamen
By the Admiralty and Maritime Team
In the recent case of BNSF Railway Co. v. Tyrrell, the U.S. Supreme Court rejected a blatant forum shopping attempt by two railway employees and limited future lawsuits against out-of-state railroads. In BNSF Railway Co., Robert Nelson of North Dakota and Kelli Tyrrell of South Dakota filed…
U.S. Supreme Court To Consider Class-Action Waivers
Today, the United States Supreme Court decided to consider three decisions involving class-action waivers in employee arbitration agreements. As background, many employers require employees to sign arbitration agreements. In these agreements, employees give up the right to sue their employer and agree that all employment related claims will be subject to arbitration. Many of these…