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Lawyers of the Year – Neal Katyal – Washington, D.C.
Challenging Congress and the President – and winning…
District of Columbia
A buyer can’t purchase a mortgage note by promising not to foreclose on the property and then foreclose anyway, the D.C. Court of Appeals has ruled. Jagdish and Mohana Katyal, the owners of a restaurant in Georgetown, filed for bankruptcy. They sought someone to purchase the note to the restaurant from the bank on terms…
Justices Hear Arguments In Guantanamo Detainee Case
The Supreme Court recently heard oral arguments in the case of Salim Ahmed Hamdan, a Yemeni identified by the U.S. government as Osama bin Laden’s driver. Hamdan was captured in Afghanistan in the wake of the Sept. 11 terrorist attacks and sent to the detention camp at Guantanamo Bay, Cuba, where he remains pending trial…
Can employers stop class actions before they start?
WASHINGTON – Can an employer, faced with a purported class action under the Fair Labor Standards Act, avoid litigation by immediately offering a settlement to the sole plaintiff before a class is certified? The justices of the U.S. Supreme Court tackled that question on Monday during oral arguments in the case of Genesis Healthcare Corp….
Fate of two-member NLRB rests with Supreme Court
WASHINGTON – Several justices of the U.S. Supreme Court seemed skeptical of the National Labor Relations Board’s claim that it had the power to issue opinions with only two members during oral arguments in a case challenging the board’s authority. The board has operated with only two members for more than two years, and the…
Court again takes on issue of employee privacy rights
The U.S. Supreme Court again wrangled with the issue of employees’ privacy rights in a case considering whether a government background check was unconstitutional….
Do equitable principles apply to ERISA plans?
WASHINGTON – When an accident victim’s medical expenses are covered by an ERISA plan, and the victim goes on to win a tort suit for his injuries, who foots the attorney’s bill? That question was at the heart of oral arguments on Tuesday at the U.S Supreme Court in U.S. Airways v. McCutchen, a complicated…
Can public employees bring “class of one” claim≠
WASHINGTON – In a case that could alter the constitutional protections of millions of public employees, the U.S. Supreme Court is set to rule whether the Equal Protection Clause allows them to bring so-called “class of one” claims – employment discrimination claims brought by employees who do not claim to be members of a…
High Court hears oral arguments in ‘sexting’ case
WASHINGTON – In a case that could have far-reaching implications for the way workers use cell phones and other equipment supplied by their employers, the U.S. Supreme Court heard oral arguments Monday on whether a police officer had an expectation of privacy in personal (and sexually explicit) text messages sent on a pager issued to him by the city….
Obama nominates Verrilli for solicitor general
WASHINGTON – President Barack Obama has nominated White House attorney Donald B. Verrilli, Jr., for the U.S. solicitor general post. The position has been filled on an interim basis by Justice Department attorney Neal Katyal ever since former Solicitor General Elena Kagan was nominated to the U.S. Supreme Court last year. Verrilli’s nomination must be…

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