United States Supreme Court Certiorari Granted

Opinions Filed in December 2020

NCAA v. Alston, Shawne

Whether the Sherman Act authorizes a court to subject the product-defining rules of a joint venture to full Rule of Reason review, and to hold those rules unlawful if, in the court’s view, they are not the least restrictive means that could have been used to accomplish their procompetitive goal.

Area(s) of Law:
  • Antitrust

Transunion LLC v. Ramirez, Sergio L.

Whether either Article III or Rule 23 permits a damages class action where the vast majority of the class suffered no actual injury, let alone an injury anything like what the class representative suffered.

Area(s) of Law:
  • Civil Procedure

Goldman Sachs Group v. Arkansas Teacher Retirement System

(1) Whether a defendant in a securities class action may rebut the presumption of classwide reliance recognized in Basic Inc. v. Levinson by pointing to the generic nature of the alleged misstatements in showing that the statements had no impact on the price of the security, even though that evidence is also relevant to the substantive element of materiality. (2) Whether a defendant seeking to rebut the Basic presumption has only a burden of production or also the ultimate burden of persuasion.

Area(s) of Law:
  • Corporations

Azar, Sec. of H&HS v. Gresham

Whether the U.S. Court of Appeals for the District of Columbia Circuit erred in concluding that the secretary of health and human services may not authorize demonstration projects to test requirements that are designed to promote the provision of health-care coverage by means of facilitating the transition of Medicaid beneficiaries to commercial coverage and improving their health.

Area(s) of Law:
  • Administrative Law

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