Employment law: Pending cases at the US Supreme Court

[For the latest updates, check Supreme Court Watch.]

[Updated December 5, 2016.]

Advocate Health Care Network v. Stapleton [Supreme Court briefs] (consolidated with Saint Peter’s Healthcare System v. Kaplan [Supreme Court briefs] and Dignity Health v. Rollins [Supreme Court briefs] - Whether an ERISA church plan exemption applies so long as a pension plan is maintained by an otherwise qualifying church-affiliated organization, or whether the exemption applies only if, in addition, a church initially established the plan. [Ross Runkel Report

Lewis v. Clarke - Whether the sovereign immunity of an Indian tribe bars individual-capacity damages actions against tribal employees for torts committed within the scope of their employment.  [Opinion below] [Supreme Court Briefs

Coventry Health Care of Missouri v. Nevils - (1) Whether the Federal Employees Health Benefits Act pre-empts state laws that prevent carriers from seeking subrogation or reimbursement pursuant to their FEHBA contracts; and (2) whether FEHBA's express-pre-emption provision violates the supremacy clause. Oral argument to be scheduled for 2017. [Opinion below] [Supreme Court Briefs] [Ross Runkel Report

Kindred Nursing Centers Limited Partnership v. Clark - Whether the Federal Arbitration Act pre-empts a state-law contract rule that singles out arbitration by requiring a power of attorney to expressly refer to arbitration agreements before the attorney-in-fact can bind her principal to an arbitration agreement. Oral argument to be scheduled for 2017. [Opinion below] [Supreme Court Briefs] [Ross Runkel Report

Gloucester County School Board v. G.G. - Whether the federal government can require a local school district to allow a transgender teenager to use restrooms corresponding to the teenager's gender identity. Oral argument to be scheduled for 2017. [Opinion below] [Supreme Court Briefs] [Ross Runkel Report

McLane Co. v. EEOC - Whether a district court’s decision to quash or enforce an EEOC subpoena should be reviewed de novo, which only the Ninth Circuit does, or should be reviewed deferentially, which eight other circuits do, consistent with this Court’s precedents concerning the choice of standards of review. Oral argument to be scheduled for 2017. [Opinion below] [Supreme Court Briefs] [Ross Runkel Report]

NLRB v. SW General Inc - Whether the President's appointment of an NLRB Acting General Counsel violated the Federal Vacancies Reform Act. Oral argument November 7, 2016. [Opinion below] [Supreme Court Briefs] [Argument preview at Ross Runkel Report] [Transcript] [Audio] [SCOTUS argument review: President's appointment power, strawberries, shellfish, and silence

Czyzewski v. Jevic Holding Corporation - Whether a bankruptcy court may authorize the distribution of settlement proceeds in a manner that violates the statutory priority scheme (which would have preferred wage claims). Oral argument November 28, 2016. [Opinion below] [Supreme Court Briefs] [Blog

[For recent decisions and pending employment law cases, see US Supreme Court Watch.]