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Supreme Court

Supreme Court blocks temporary enforcement of expanded protections for transgender students

The Supreme Court on Friday rejected the Biden administration’s request to be allowed to temporarily enforce most of an April 2024 rule implementing Title IX of the Education Amendments of 1972, which prohibits sex discrimination in education programs that receive federal funding, while its appeals continued.

Friday’s ruling leaves in place for now decisions by federal appeals courts that barred the Biden administration from enforcing any portion of the rule, including three provisions that target discrimination against transgender people … Read the rest

Supreme Court

Federal government asks court to allow enforcement of Title IX rule

The Biden administration on Monday asked the Supreme Court to temporarily put on hold a portion of two orders issued by federal trial courts in Louisiana and Kentucky that prohibit the Department of Education from enforcing any part of an April 2024 rule implementing Title IX of the Education Amendments of 1972, which bars sex discrimination in education programs that receive federal funding.

The two challenges—originally filed in Louisiana by four states (Louisiana, Mississippi, Montana, and Idaho, along with … Read the rest

Civil Law

Three Arrows Capital Co-Founder Avoids Contempt and Sanctions in United States, But Bankruptcy Court Previews Worldwide Enforcement Options

On June 27, 2022, Three Arrows Capital (“3AC”), a crypto hedge fund, commenced liquidation proceedings in the British Virgin Islands and thereafter filed recognition proceedings in, among other countries, the United States and Singapore. As we discussed earlier this year, on December 2, 2022, the bankruptcy court presiding over 3AC’s chapter 15 proceeding pending in the Southern District of New York held that the 3AC joint liquidators (the “JLs”) could serve a subpoena (the “U.S. Subpoena”) upon a 3AC cofounder, … Read the rest

Supreme Court

Court allows bar on Tulsa’s enforcement of municipal laws against Native Americans to remain in place

The Supreme Court on Tuesday left in place a federal appeals court ruling that bars the city of Tulsa from enforcing municipal ordinances against Native Americans. In a brief unsigned order without any public dissents, the justices rejected the city’s request to put a decision by the U.S. Court of Appeals for the 10th Circuit on hold to give the city time to appeal.

The order came in a case arising from a nearly five-year-old traffic ticket and … Read the rest

Supreme Court

Court endorses private Section 1983 enforcement of spending clause enactments

Civil rights plaintiffs scored a significant victory in Health & Hospital Corp. of Marion County v. Talevski on Thursday, with a seven-justice majority reaffirming that private plaintiffs can enforce spending clause enactments through 42 U.S.C. § 1983 and allowing private damages actions to enforce the Federal Nursing Home Reform Act of 1987.

FNHRA, a law enacted under Congress’s spending clause powers, requires nursing facilities participating in Medicare and Medicaid to “protect and promote the rights of each resident” as … Read the rest

Civil Law

ABA Antitrust Spring Meeting: John Villafranco On Monetary Redress and FTC Enforcement Post-AMG

Q: It has been nearly a year since the Supreme Court’s decision in AMG Capital Management, LLC v. FTC foreclosed the FTC’s ability to pursue monetary remedies under Section 13(b) of the FTC Act. How has AMG affected the FTC’s enforcement program, particularly in consumer protection cases.

A: As an initial matter, it’s Important to emphasize that the Supreme Court did not take any authority away from the FTC; it concluded 9-0 that the FTC did not have the authority … Read the rest