U.S. Supreme Court 2024 Term Arguments

A case in which the Court will decide whether an award of the “defendant’s profits” under the Lanham Act can include an order for the defendant to disgorge the distinct profits of legally separate non-party corporate affiliates.

A case in which the Court will decide whether the National Environmental Policy Act requires an agency to study environmental impacts beyond the proximate effects of the action over which the agency has regulatory authority.

A case in which the Court will consider the scope of property interests and fraud in government contracting, particularly when deception occurs without clear economic harm.

A case in which the Court will decide whether a federal civilian employee called or ordered to active duty under a provision of law during a national emergency is entitled to differential pay even if the duty is not directly connected to the national emergency.

A case in which the Court will decide whether Tennessee Senate Bill 1, which prohibits all medical treatments intended to allow “a minor to identify with, or live as, a purported identity inconsistent with the minor’s sex” or to treat “purported discomfort or distress from a discordance between the minor’s sex and asserted identity,” violates the Equal Protection Clause

A case in which the Court will decide whether and how the expropriation exception to the Foreign Sovereign Immunities Act applies in cases involving seized property, specifically regarding the requirements for establishing a commercial nexus with the United States and the burden of proof at different stages of litigation.

A case in which the Court will decide whether the Food and Drug Administration’s orders denying respondents’ applications for authorization to market new e-cigarette products was arbitrary and capricious, in violation of the Administrative Procedure Act.

A case in which the Court will decide whether a bankruptcy trustee may avoid a debtor’s tax payment to the United States under 11 U.S.C. § 544(b) when no actual creditor could have obtained relief under the applicable state fraudulent-transfer law outside of bankruptcy.

A case in which the Court will clarify the pleading standards to show knowledge or intent for Private Securities Litigation Reform Act claims that rely on internal company documents.

A case in which the Court will decide whether, when a noncitizen's voluntary-departure period ends on a weekend or public holiday, a motion to reopen filed the next business day is sufficient to avoid the penalties for failure to depart under 8 U.S.C. § 1229c(d)(1).