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Supreme Court

Justices seem to favor IRS in dispute over shareholder’s life insurance policy

The justices were considerably more subdued in the argument in Connelly v. Internal Revenue Service than they were on Tuesday, when they confronted the FDA’s treatment of the abortion drug mifepristone. This is a case about the tax treatment of life insurance policies that closely held corporations use to manage the death of a shareholder. Assume, as is common, a small corporation owned by members of the same family. When one dies, if the surviving shareholders want to keep … Read the rest

Supreme Court

Justices seem to resolve Dogecoin arbitration dispute during argument

Wednesday’s oral argument in Coinbase v. Suski was the court’s second case in February under the Federal Arbitration Act, and by all accounts this one will be a lot easier for them to resolve than Bissonnette v. LePage Bakeries. Coinbase is a technical dispute about the “delegation clause” in an arbitration agreement, which “delegates” to the arbitrator not only the job of resolving the dispute between the parties, but also the threshold question whether any particular dispute falls … Read the rest

Supreme Court

Justices seem receptive to opening up early challenges to agency proceedings

The justices heard nearly three hours of arguments Monday in a pair of cases challenging the traditional framework of agency review: Axon Enterprise v. Federal Trade Commission and Securities and Exchange Commission v. Cochran. If those arguments tell us anything, several justices are strongly inclined to accept the invitation of these cases to reshape the traditional framework, under which challenges to agency proceedings have to wait until the end of those proceedings before they can get into … Read the rest