United States Supreme Court Certiorari Granted

Opinions Filed in September 2018

ALEX M. AZAR II v. ALLINA HEALTH SERVICES, ET AL.

Whether Section 1395hh(a)(2) requires HHS to conduct notice-and-comment rulemaking before providing instructions to a Medicare Administrative Contractor that makes initial determinations of payments due under Medicare, when those instructions rest on a non legally-binding interpretation of a relevant statutory provision.

Area(s) of Law:
  • Administrative Law

Home Depot U.S.A. Inc. v. Jackson

Whether an original defendant to a class-action claim can remove the class action if it otherwise satisfies the jurisdictional requirements of the Class Action Fairness Act when the class action was originally asserted as a counterclaim against a co-defendant.

Area(s) of Law:
  • Civil Procedure

Rimini Street, Inc. v. Oracle USA, Inc.

Whether the Copyright Act’s allowance of “full costs” (17 U.S.C. § 505) to a prevailing party is limited to taxable costs under 28 U.S.C. §§ 1920 and 1821, as the Eighth and Eleventh Circuits have held, or also authorizes non-taxable costs, as the Ninth Circuit holds.

Area(s) of Law:
  • Copyright

Tennessee Wine and Spirit Retailers v. Byrd

Whether the Twenty-first Amendment empowers states, consistent with the dormant Commerce Clause, to regulate liquor sales by granting retail or wholesale licenses only to individuals or entities that have resided in-state for a specified time.

Area(s) of Law:
  • Constitutional Law

THACKER V. TENNESSEE VALLEY AUTHORITY

Whether the Eleventh Circuit erred by using the Federal Torts Claims Act derived “discretionary-function exception,” rather than the "sue and be sued" test of immunity under Fed. Housing Admin. v. Burr, to immunize the Tennessee Valley Authority from the plaintiffs’ claims.

Area(s) of Law:
  • Tort Law

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