Supreme Court 2019 Term – Summary Of Decisions Affecting Business Litigation

July 20, 2020

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The COVID-19 pandemic made this an unprecedented Term at the Supreme Court. The Court heard telephonic oral arguments in May, issued opinions well into July, and deferred ten cases until the October 2020 Term. Despite all of this, the Court’s business docket continued largely uninterrupted.

Gibson Dunn has previously published its annual Round-Up of all the Court’s decisions in the Term just ended, with a preview of next Term. A copy is available here. This summary focuses on the decisions most directly affecting business litigation.

Business Docket:
The Supreme Court decided a number of significant business cases this Term. Among those cases were several notable categories:

• Seven cases involved intellectual property issues, most of which focused on trademark or copyright questions.
• Four cases presented significant questions of administrative law or the constitutionality of administrative agencies.
• Four cases involved labor and employment issues.
• Three cases involved the Employee Retirement Income Security Act (ERISA).
• Three cases involved environmental law issues.

Throughout the Term, Gibson Dunn’s Appellate and Constitutional Law Practice Group prepared short, same-day client alerts summarizing nineteen of the Court’s most significant business decisions. We provide copies of each of them here.

Spotlight on Gibson Dunn:
Four different Gibson Dunn attorneys argued a total of five cases at the Supreme Court this Term. Ted Olson argued Financial Oversight and Management Board for Puerto Rico v. Aurelius Investment, LLC, and Department of Homeland Security v. Regents of the University of California. Miguel Estrada argued Comcast Corp. v. National Association of African American-Owned Media. Matthew McGill argued Opati v. Republic of Sudan. And Amir Tayrani argued Monasky v. Taglieri. No other firm had more lawyers present oral arguments this Term.

Looking Ahead:
The Supreme Court already has granted a number of significant business cases for the 2020 Term. The Court will tackle cases involving copyright, personal jurisdiction, ERISA preemption, the constitutionality of the Patient Protection and Affordable Care Act, the constitutionality of the Federal Housing Finance Agency, and the constitutionality of Delaware’s constitutional provision requiring partisan balance in the Delaware judiciary, among other important issues.

As always, Gibson Dunn’s Appellate and Constitutional Law Practice will monitor the Court’s work and report on significant business decisions that affect our clients. We look forward to another interesting Supreme Court Term beginning in October 2020.

The summary of decisions most directly affecting business litigation is available here.

Gibson Dunn’s lawyers are available to assist in addressing any questions you may have regarding developments at the Supreme Court.  Please feel free to contact the following practice leaders:

Appellate and Constitutional Law Practice

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Attorney Advertising:  The enclosed materials have been prepared for general informational purposes only and are not intended as legal advice.