Just the most important Supreme Court cases of 2013-2014 term - abridged from an Employment Law perspective

1. SUPREME COURT UPDATE
2013-2014 TERM
by
Robert B. Fitzpatrick, Esq.
Robert B. Fitzpatrick, PLLC
Universal Building South
1825 Connecticut Avenue, N.W.
Suite 640
Washington, D.C. 20009-5728
(202) 588-5300
(202) 588-5023 (fax)
fitzpatrick.law@verizon.net (e-mail)
http://www.robertbfitzpatrick.com (website)

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3. KEY DECISIONS
(AND COMING DECISIONS)

5. Heimeshoff v. Hartford Life & Accident Ins. Co.,
134 S. Ct. 604 (Dec. 16, 2013)
(Statute of Limitations)
• On appeal from Heimeshoff v.
Hartford Life & Accident Ins.
Co., 496 Fed. Appx. 129 (2d
Cir. 2012)

6. Atl. Marine Constr. Co. v. U.S. Dist. Ct.,
134 S. Ct. 568 (Dec. 3, 2013)
(Forum Selection Clause)
• On appeal from In re Atl.
Marine Constr. Co., Inc., 701
F.3d 736 (5th Cir. 2012)

7. Petrella v. Metro-Goldwyn-Mayer, Inc.,
No. 12-1315, 2014 U.S. LEXIS 3311 (Jan. 21,
2014)
(Laches)
• On appeal from Petrella v.
Metro-Goldwyn-Mayer, Inc.,
695 F.3d 946 (9th Cir. 2012)

8. Burrage v. United States
134 S. Ct. 881 (Nov. 12, 2013)
(Causation)
• On appeal from United States
v. Burrage, 687 F.3d 1015 (8th
Cir. 2012)

9. Tolan v. Cotton,
188 L. Ed. 2d 895 (May 5, 2014)
(Summary Judgment)
• On appeal from Tolan v.
Cotton, 713 F.3d 299 (5th Cir.
2013)

10. Susan B. Anthony List v. Driehaus,
No. 13-193, 2014 U.S. LEXIS 5169 (June 16, 2014)
(First Amendment)
• On appeal from Susan B.
Anthony List v. Driehaus, 525
Fed. Appx. 415 (6th Cir. 2013)

11. Lexmark Int’l, Inc. v. Static Control Components,
Inc., 134 S. Ct. 1377 (Mar. 25, 2014)
(Lanham Act)
• On appeal from Static Control
Components, Inc. v. Lexmark
Int’l, Inc., 697 F.3d 387 (6th
Cir. 2012).

12. Spokeo, Inc. v. Robins, No. 13-1339 (cert.
pending)
(Standing)
• On appeal from Robins v.
Spokeo, Inc., 742 F.3d
409 (9th Cir. 2014)

13. Riley v. California,
Nos. 13-132, 212, 2014 U.S. LEXIS 4497 (June 25,
2014)
(4th Amendment – Cell Phones)
• On appeal from People v.
Riley, No. S209350, 2013 Cal.
LEXIS 3714 (Cal. May 1,
2013); and United States v.
Wurie, 728 F.3d 1 (1st Cir.
2013).

14. Bond v. United States,
No. 12-158, 2014 U.S. LEXIS 3988 (Nov. 5, 2013)
(Treaty Power)
• On appeal from United States
v. Bond, 681 F.3d 149 (3d Cir.
2012)

15. Lane v. Franks,
No. 13-483, 2014 U.S. LEXIS 4302 (June 19, 2014)
(First Amendment Retaliation)
• On appeal from Lane v. Cent.
Ala. Cmty. Coll., 523 Fed.
Appx. 709 (11th Cir. 2013)

16. Lawson v. FMR LLC,
134 S. Ct. 1158 (Mar. 4, 2014)
(Sarbanes-Oxley Retaliation)
• On appeal from Lawson v.
FMR LLC, 670 F.3d 61 (1st
Cir. 2012)

17. NLRB v. Noel Canning,
No. 12-1281, 2014 U.S. LEXIS 4500 (June 26,
2014)
(Recess Appointments)
• On appeal from Canning v.
NLRB, 705 F.3d 490 (D.C. Cir.
2013)
– Noel Canning, No. 19-CA-32872,
2012 NLRB LEXIS 61, 358 NLRB
No. 4 (NLRB Feb. 8, 2012)

18. Schuette v. Coalition to Defend Affirmative Action,
188 L. Ed. 2d 613 (Apr. 22, 2014)
(Affirmative Action)
• On appeal from Coalition to
Defend Affirmative Action v.
Regents of the Univ. of Mich.,
701 F.3d 466 (6th Cir. 2012)

19. Burwell v. Hobby Lobby Stores, Inc.,
Nos. 13-354, 356, 2014 U.S. LEXIS 4505 (June
30, 2014)
(First Amendment - Religion)
• On appeal from Hobby Lobby
Stores, Inc. v. Sebelius, 723
F.3d 1114 (10th Cir. 2013)
• Consolidated with Conestoga
Wood Specialties Corp. v.
Sec’y HHS, 724 F.3d 377 (3d
Cir. 2013)

20. Harris v. Quinn,
No. 11-681, 2014 U.S. LEXIS 4504 (June 30, 2014)
(First Amendment – Compelled Representation)
• On appeal from Harris v.
Quinn, 656 F.3d 692 (7th Cir.
2011)

21. Northwest, Inc. v. Ginsberg,
134 S. Ct. 1422 (Apr. 2, 2014)
(Implied Covenant of Good Faith & Fair Dealing)
• On appeal from Ginsberg v.
Northwest, Inc., 695 F.3d 873
(9th Cir. 2012)

22. Martin v. Blessing,
134 S. Ct. 402 (Nov. 18, 2013) (cert. denied)
(Class Certification, Standing)
• On appeal from Blessing v.
Sirius XM Radio Inc., 507 Fed.
Appx. 1 (2d Cir. 2012)
• Alito, J., Concurring:
– “It seems quite farfetched to
argue that class counsel cannot
fairly and adequately represent a
class unless the race and gender
of counsel mirror the
demographics of the class.
Indeed, if the District Court’s rule
were taken seriously, it would
seriously complicate the
appointment process and lead to
truly bizarre results.”

23. Mt. Holly v. Mt. Holly Gardens Citizens in Action, Inc.,
134 S. Ct. 636 (Nov. 15, 2013) (cert. dismissed)
(Fair Housing Act)
• On appeal from Mt. Holly
Gardens Citizens in Action,
Inc. v. Mt. Holly, 658 F.3d 375
(3d Cir. 2011)
• Writ of Certiorari dismissed
pursuant to Supreme Court
Rule 46.1.

24. Tex. Dept. of Hous. and Cmty. Affairs v. The
Inclusive Cmtys. Project, Inc., No. 13-1371 (cert.
pending)
(Disparate Impact Claim Under Fair Housing Act)
• On appeal from Inclusive
Cmtys. Project, Inc. v.
Tex. Dept. of Hous. And
Cmty. Affairs, 747 F.3d
275 (5th Cir. 2014)

25. Marek v. Lane, 134 S. Ct. 8 (Nov. 4, 2013) (cert.
denied)
(Federal and State Privacy Laws)
• On appeal from Lane v.
Facebook, Inc., 696 F.3d
811 (9th Cir. 2012)
• Chief Justice Roberts
wrote a statement
discussing cy pres.

26. Sandifer v. U.S. Steel Corp.,
134 S. Ct. 870 (Jan. 27, 2014)
(FLSA Donning/Doffing)
• On appeal from Sandifer v.
United States Steel Corp., 678
F.3d 590 (7th Cir. 2012)

27. Miss. ex rel Hood v. AU Optronics Corp., 134 S.
Ct. 736 (Jan. 14, 2014)
(Class Action Fairness Act / Mass Action)
• On appeal from State ex
rel. Hood v. AU Optronics
Corp., 701 F.3d 796 (5th
Cir. 2012).

28. Fifth Third Bancorp v. Dudenhoeffer
No. 12-751, 2014 U.S. LEXIS 4495 (June 25,
2014)
(ERISA Fiduciary Duties)
• On appeal from Dudenhoefer
v. Fifth Third Bancorp., 692
F.3d 410 (6th Cir. 2012)

29. Executive Benefits Ins. Agency v. Arkison, 134 S.
Ct. 2165 (June 9, 2014)
(Bankruptcy)
• On appeal from Exec.
Benefits Ins. Agency v.
Arkison (In re Bellingham
Ins. Agency), 702 F.3d
553 (9th Cir. 2012)

30. United States v. Quality Stores, Inc.,
134 S. Ct. 1395 (Mar. 25, 2014).
(Taxation of Severance Payments)
• On appeal from United States
v. Quality Stores, Inc., 693
F.3d 605 (6th Cir. 2012)

32. Hon. Jerry E. Smith
U.S. Court of Appeals
Fifth Circuit
Hon. Bernice B. Donald
U.S. Court of Appeals
Sixth Circuit