SCOTUSblog by Edith Roberts 1/13/2020
This morning the Supreme Court will hear the first oral arguments of 2020 in two cases. First up is Lucky Brand Dungarees v. Marcel Fashions Group, which asks whether, when a plaintiff asserts new claims, a defendant can raise defenses that were not actually litigated and resolved in any prior cases between the parties. Megan La Belle previewed the case for this blog. Philip Duggan and Robert Reese Oñate have a preview at Cornell Law School’s Legal Information Institute.
Today’s second case is Thole v. U.S. Bank, in which the justices will consider whether a participant in a defined-benefit pension fund that meets minimum-funding criteria can sue the fund managers when he has not actually suffered any financial injury. This blog’s preview came from Dana Muir. Basem Besada and Brandon Slotkin previewed the case for Cornell.
At the ABA Journal, Mark Walsh previews one of tomorrow’s cases, Kelly v. United States, which stems from the “Bridgegate†controversy in New Jersey and involves the extent to which federal fraud statutes cover the politically motivated acts of public officials. At USA Today, Richard Wolf reports that recently, “the high court has [often] admonished prosecutors for stretching laws to win convictionsâ€: “On Tuesday, [it] will shed some light on whether its forgiveness extends to shutting down access lanes to the George Washington Bridge – the busiest bridge in the world – for political retribution.†Additional coverage comes from David Porter at AP and Ephrat Livni at Quartz.
More:
https://www.scotusblog.com/2020/01/monday-round-up-470/#more-291182
