November 21, 2018

November 21, 2018

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November 20, 2018

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November 19, 2018

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Supreme Court Update: Orders - June 2018

The Nine kicked off the week with four new decisions, though only three came with signed opinions. In Husted v. A. Philip Randolph Institute (No. 16-980), the Court held (5-4) that Ohio's "use it or lose it" practice of cancelling the voter registrations of individuals who fail to vote for two years and fail to respond to an address-verification does not violate the National Voter Registration Act. In Sveen v. Melin (No. 16-1432), the Court held (8-1) that a Minnesota law providing that a divorce automatically nullifies the prior designation of a surviving spouse as a life-insurance beneficiary does not violate the Contracts Clause of the Constitution. And in China Agritech v. Resh (No. 17-432), the Court unanimously held that, while the timely filing of a class action tolls the applicable statute of limitations for all class members, if class certification is denied, a putative class member cannot, in lieu of promptly joining or filing an individual action, commence a class action anew beyond the time allowed by the applicable statute of limitations.

We'll have summaries of those three decisions in due course. But we won't be summarizing Washington v. United States (No. 17-269), a case concerning tribal fishing rights under treaties dating back to the 1850s. Not only are the treaties old, but this particular dispute has been kicking around so long that it came before Justice Kennedy back when he was a judge on the Ninth Circuit in 1985. After discovering that he'd participated in an earlier phase of the case, Justice Kennedy recused himself, leaving the Court short-handed. The remaining eight Justices apparently could not agree on whether Washington's construction and maintenance of thousands of barrier culverts (which permit the flow of water, but not salmon) beneath roadways constructed across salmon-bearing streams violated the State's treaty obligations. As you'll recall from the Scalia-Gorsuch interregnum, that means the Ninth Circuit's decision—which upheld an injunction ordering the State to make approximately $2 billion in culvert repairs—is "affirmed by an equally divided Court."

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About this Author

Kim Rinehart, Attorney, Wiggin and Dana Law Firm, New Haven

Kim is passionate about learning the intricacies of her clients' businesses and developing effective and efficient approaches to achieve her clients' goals. She enjoys crafting novel legal arguments and creative litigation strategies for her clients. Kim focuses her practice on class action defense, complex commercial disputes, appeals and professional liability matters.

Chair of the firm's Class Action Practice Group, Kim has substantial experience defending class action lawsuits involving a broad range of industries including health...

Tadhg Dooley, Litigator, New Haven, Attorney, Wiggin and Dana Law Firm, Education, Title IX

Tadhg Dooley is an associate in the firm's Litigation Department, where his practice focuses on appeals and complex civil litigation.

As a member of the firm's Appellate and Complex Legal Issues Practice Group, Tadhg has significant experience handling appeals in state and federal courts throughout the country. Among his recent appellate successes are the representation of a former President of Mexico in the Second Circuit and U.S. Supreme Court, the representation of major insurance carriers in the Eleventh Circuit and the New York Appellate Division (Second Department), and the representation of several municipalities and a major hospital in the Connecticut Appellate Court. He has been recognized by New England Super Lawyers as one of eight "Rising Stars" in New England in the field of appellate litigation (for more about the standards for inclusion in New England Super Lawyers, please click here). Along with fellow Wiggin and Dana attorney Ben Daniels, Tadhg runs the Appellate Litigation Project at Yale Law School, supervising students representing formerly pro se appellants in the Second Circuit Court of Appeals and teaching the elements of effective appellate representation. He is also the co-author, with Kim Rinehart, of the Appellate Practice Group's widely read Supreme Court Update, an e-mail service providing clients and friends of the firm with timely, insightful summaries of recent Supreme Court decisions. Tadhg is also a member of the firm's education practice group and has experience counseling university clients with respect to Title IX compliance and defending colleges and universities in civil matters, including private actions under Title IX.

Davis Roth, Litigation Lawyer, Wiggin and Dana Law Firm, New Haven, CT

David Roth is an associate in the firm's Litigation Department where he is a member of the Appellate and Complex Legal Issues practice group. He has assisted a range of clients, including insurers, universities, large companies, cultural institutions, and sovereign nations in complex civil litigation and appeals in jurisdictions throughout the United States. David has also represented private individuals and companies in several criminal matters and internal investigations.

David joined Wiggin and Dana in 2013, following a clerkship with Judge Christopher Droney of the United States...