As the Supreme Court prepares to begin its next term on Monday, October 3, 2011, Mayer Brown’s Supreme Court & Appellate Practice Group – the largest and most experienced group of appellate litigators in the country – has identified the most important business cases on the Court’s docket. These cases involve a wide range of issues, including First Amendment rights, federal preemption, arbitration, and intellectual property.
While preparing for this Term’s opening, it’s important to note the balance in the Supreme Court’s recent business decisions. According to the firm’s research, of the 18 cases in the previous Term that pitted individual plaintiffs against business entities, business interests were victorious in nine, just half the cases. This analysis is consistent with the Court’s recent track record and demonstrates that the Court has not become decidedly pro-business, as some reports have claimed.
Partners in the Supreme Court Group, including Donald Falk, Dan Himmelfarb, and Andrew Pincus, have been monitoring the upcoming Term closely. They are available to discuss the most significant business cases and the implications of the Court’s rulings in them. They have identified five key cases of particular interest to the business community:
While this list represents some of the most important business cases already on the Supreme Court’s docket, more will be added in the months ahead. One potential issue the Court may consider is the challenge to President Obama’s healthcare reform legislation. Given the high-profile nature of this issue, it would likely become the most anticipated decision of the Term if the Court agrees to hear it.
Mayer Brown’s appellate team, which is comprised of roughly 55 members, has argued 220 cases before the Supreme Court and is scheduled to argue at least two more in the coming Term. The group specializes in appellate business litigation and carefully tracks the business cases that come before the Supreme Court.
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