Tag Archives: Supreme Court

SCOTUS: NY Credit Card Surcharge Law Regulates Speech

Yesterday, the U.S. Supreme Court held that New York State’s law preventing merchants from charging an additional fee for using a credit card (see our previous coverage here) regulates speech, and remanded the case to the Second Circuit to determine whether the law can survive First Amendment scrutiny.  Judge Rakoff had initially ruled in favor of … Continue Reading

Supreme Court Grants Cert in Case Challenging New York’s Credit Card Surcharge Ban

Today the Supreme Court granted certiorari in a First Amendment challenge to New York’s ban on credit card surcharges.  The law allows merchants to charge different prices for cash and credit card purchases, but, according to the plaintiffs, it violates the First Amendment by prohibiting them from calling the extra charge for credit card purchases a … Continue Reading

Supreme Court Agrees With Judge Forrest on Separation-of-Powers Question in Iranian Asset Case

The Supreme Court today affirmed, by a 7-2 vote, a judgment originally from Judge Forrest (see our coverage here) concluding that a law pertaining to the seizure of Iranian assets was not, as the defendants contended, effectively a direction to decide a single pending case in one side’s favor, in violation of the separation of powers doctrine. … Continue Reading

Supreme Court Grants Cert in SDNY Case Concerning Seizure of Iranian Assets and Separation of Powers

The Supreme Court yesterday granted certiorari in a case raising the question of whether Congress’ passage of a law pertaining to the seizure of Iranian assets violated separation-of-powers principles by effectively directing a particular result in a single Southern District case.  Judge Forrest cited the law in ordering the seizure of $1.75 billion in Iranian … Continue Reading

Justice Kagan Wonders: Should Clerks to Former SDNY Judge Weinfeld Have Been Paid Extra For Breakfast Prep?

During argument yesterday in a Supreme Court case considering whether the labor laws require compensation for time spent in security screenings, Justice Kagan asked the following question: Can I give you a different hypo, which is similar to some of the ones that have been floating around in a brief, but it’s actually based on … Continue Reading

Another Wrinkle in Aereo Case: Did the Supreme Court Turn Aereo Into a Cable Company?

In a joint letter to the Court filed yesterday, online TV provider Aereo and the major broadcast networks laid out their positions on the next steps in their litigation following the Supreme Court’s recent ruling in favor of the broadcasters.  Despite the Supreme Court’s ruling, the battle appears set to rage on before Judge Nathan.… Continue Reading

Supreme Court Rules Against Aereo Internet TV Service

In a case originating from the Southern District (see our prior coverage here), the Supreme Court today ruled 6-3 that Aereo, a company that streams live broadcast television over the internet (with a slight delay) violates the Copyright Act’s “Transmit Clause,” which gives copyright owners the exclusive right to public performance of their work. From … Continue Reading
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