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Gonzalez v. Google LLC - Post-Argument SCOTUScast Apr 12, 2023

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On February 21, 2023, the U.S. Supreme Court heard oral argument in Gonzalez v. Google LLC.
After U.S. citizen Nohemi Gonzalez was killed by a terrorist attack in Paris, France, in 2015, Gonzalez’s father filed an action against Google, Twitter, and Facebook. Mr. Gonzalez claimed that Google aided and abetted international terrorism by allowing ISIS to use YouTube for recruiting and promulgating its message. At issue is the platform’s use of algorithms that suggest additional content based on users’ viewing history. Additionally, Gonzalez claims the tech companies failed to take meaningful action to counteract ISIS’ efforts on their platforms.
The district court granted Google’s motion to dismiss the claim based on Section 230(c)(1) of the Communications Decency Act, and the U.S. Court of Appeals for the Ninth Circuit affirmed. The question now facing the Supreme Court is: does Section 230 immunize interactive computer services when they make targeted recommendations of information provided by another information content provider, or only limit the liability of interactive computer services when they engage in traditional editorial functions (such as deciding whether to display or withdraw) with regard to such information?
Join us as Erik Jaffe breaks down the oral argument.
Featuring:
Erik S. Jaffe, Partner, Schaerr | Jaffe LLP

Santos-Zacaria v. Garland - Post-Argument SCOTUScast Mar 15, 2023

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On January 17, the Court heard oral argument in Santos-Zacaria v. Garland. The case involves immigration law and whether a court of appeals can review an immigrant’s petition that the Board of Immigration Appeals participated in impermissible fact finding because the immigrant did not exhaust this claim using a motion to reconsider.
Join us to hear a breakdown of the case!
Featuring:
John Elwood, Partner, Arnold & Porter, head of the firm's appellate and Supreme Court practice

Turkiye Halk Bankasi A.S. v. United States - Post-Argument SCOTUScast Feb 23, 2023

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On January 17, the U.S. Supreme Court heard oral argument in Turkiye Halk Bankasi A.S. v. United States.
Turkiye Halk Bankasi A.S. (“Halkbank”) was indicted by a grand jury in 2019, and charged with involvement in a scheme to launder billions of dollars worth of proceeds from Iranian oil and natural gas, which was in violation of U.S. sanctions against Iran at the time.
Halkbank is majority-owned by the government of Turkey and moved to dismiss this indictment, arguing that the court lacked jurisdiction. Halkbank contended that the Foreign Sovereign Immunities Act (FSIA) and the fact that the government of Turkey had a majority of its ownership made it immune to criminal prosecution in U.S. federal court. In relying on FSIA, Halkbank asserted that exceptions in FSIA apply only to civil cases, and that even if such exceptions applied in criminal cases, Halkbank Would still be immune under common law standards.
The U.S. District Court rejected the argument put forward by Halkbank, and the Second Circuit affirmed. This Supreme Court granted certiorari on the question of whether US district courts may exercise subject matter jurisdiction over criminal prosecutions against foreign sovereigns and their instrumentalities under 18 U.S.C. § 3231 and in light of FSIA.
Please join us to break down and analyze the oral argument!
Featuring:
Mike Hurst, Partner, Phelps Dunbar LLP

Glacier Northwest, Inc. v. International Brotherhood of Teamsters - Post-Argument SCOTUScast Feb 22, 2023

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The U.S. Supreme Court appears ready to clarify when and under what circumstances federal labor law preempts state tort claims for strike-related misconduct. On January 10, it heard oral arguments in Glacier Northwest, Inc. v. International Brotherhood of Teamsters Local No. 174, a case involving the intentional destruction of an employer’s property.
The employer, Glacier Northwest, manufactures ready-mix concrete. Ready-mix concrete hardens quickly and must be poured on the same day it’s mixed. In August 2017, a union representing Glacier’s employees called a sudden strike. The union allegedly timed the strike so that concrete would be left to harden in Glacier’s trucks. Predictably, the concrete was ruined, and Glacier sued the union for damages. But state courts rejected the suit. They held that the suit was preempted by the National Labor Relations Act (NLRA) because (a) the union’s conduct was arguably protected by federal law, and (b) the conduct fell outside an existing exception for intentional-tort claims because it involved no violence or “outrageous conduct.”
The central issue for the Court is whether the NLRA preempts intentional tort claims except when they’re accompanied by violence or outrageous conduct. The union argues that the state courts got it right: violence or outrageous conduct is necessary. Glacier, on the other hand, argues that violence or outrageous conduct has never been required. In fact, the Supreme Court itself has long recognized that intentional property destruction is unprotected and falls outside the NLRA’s preemptive reach.
Regardless of who wins that argument, the resulting decision will likely clarify the scope of NLRA preemption. And potentially, it will offer guidance on the bounds of acceptable strike-related conduct.
Join Alex MacDonald to stay informed on one of the most important cases currently before the Supreme Court.
Featuring:
Alex MacDonald, Director, Future of Work and Labor Law, Instacart

Moore v. Harper - Post-Argument SCOTUScast Feb 21, 2023

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On December 7, 2022, the U.S. Supreme Court heard oral argument in Moore v. Harper.
Following the most recent census, North Carolina gained a House seat, and its legislature adopted a new district map. The state’s supreme court deemed that map a partisan gerrymander and substituted in its place the court’s own map. That result, it concluded, was required by four separate parts of the state constitution, including clauses protecting the “freedom of speech” and guaranteeing “free” elections. Although the Supreme Court denied an emergency request to block that ruling for the 2022 election, it agreed to take the case to answer the broader question of state-court authority over the laws governing federal elections.
Supporters of legislature primacy—often called the “independent state legislature” doctrine—say that a decision enforcing the doctrine will cut back on election-litigation gamesmanship, end the disruption of last-minute rule changes, and put primary responsibility back in the hands of democratically accountable legislators. Opponents, however, say that a decision for the state would threaten voting rights and democracy itself.
Join us to break down the oral argument for this case!
Featuring:
Andrew M. Grossman, partner at Baker & Hostetler LLP, co-leader of the firm’s Appellate and Major Motions practice, and Adjunct Scholar at the Cato Institute

303 Creative LLC v. Elenis - Post-Argument SCOTUScast Feb 15, 2023

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On December 5, 2022, the Court heard oral argument in 303 Creative LLC v. Elenis, concerning public accommodation laws, compelled speech, and religious liberty as they relate to a website designer who stated it would be against her faith to design wedding announcement websites for same-sex couples.
Join us to hear from Prof. Dale Carpenter as he breaks down the background of the case and the oral argument.

MOAC Mall Holdings v. Transform Holdco - Post-Argument SCOTUScast Feb 14, 2023

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On December 5, 2022, the Court heard oral argument in MOAC Mall Holdings v. Transform Holdco, which concerns appellate jurisdiction under Bankruptcy Code Section 363(m). Join us to hear from Prof. Thomas Plank as he breaks down the background and oral argument of the case.

Wilkins v. United States - Post-Argument SCOTUScast Dec 16, 2022

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On November 30, 2022, the Supreme Court heard oral argument in Wilkins v. United States. The issue at hand is the Quiet Title Act's statute of limitations.
Tune in to hear Prof. Ilya Somin, a scholar of constitutional law, federalism, and property law from the Antonin Scalia Law School at George Mason University, break down the oral argument and offer his takeaways, opinions, and predictions about the case.

United States v. Texas - Post-Argument SCOTUScast Dec 15, 2022

Show notes

On November 29, 2022, the Supreme Court heard oral argument in United States v. Texas. The issues at hand include whether states have standing to challenge the Department of Homeland Security's immigration guidelines and whether this DHS guidance violates the Administrative Procedure Act.
Tune in to hear Prof. Ilya Somin, a scholar of constitutional law, federalism, and immigration from the Antonin Scalia Law School at George Mason University, break down the oral argument and offer his takeaways, opinions, and predictions about the case.

Mallory v. Norfolk Southern Railway Co. - Post-Argument SCOTUScast Dec 14, 2022

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On November 8, 2022, the Supreme Court heard oral argument in Mallory v. Norfolk Southern Railway Co. At issue is whether a state can require corporations to consent to personal jurisdiction in order to do business in the state, or whether such a requirement violates the due process clause of the 14th Amendment.
Tune in to hear from Prof. Christopher R. Green, a leading scholar on the 14th Amendment and constitutional law from the University of Mississippi School of Law.

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