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ARTICLE · 29 SEPTEMBER 2016

Supreme Court Docket Report - September 29, 2016

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Today, the Supreme Court granted certiorari in five cases of interest to the business community: Administrative Enforcement Actions—Judicial Review of Subpoenas; Lanham Act—Disparaging Trademarks; First Amendment—Commercial Speech; Due Process—Civil Sanctions and Sovereign Immunity—Employees of an Indian Tribe

United StatesLitigation, Mediation & Arbitration
Brian Netter
Brian Netter
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Today, the Supreme Court granted certiorari in five cases of interest to the business community:

Administrative Enforcement Actions—Judicial Review of Subpoenas

McLane v. EEOC, No. 15-1248

When the Equal Employment Opportunity Commission investigates an employer, the Commission has the statutory authority to subpoena any evidence "relevant to the charge under investigation." A subpoenaed party that doubts the relevance of the evidence sought can ask a federal district court to quash the subpoena. The Court granted certiorari in McLane to resolve a division among the courts of appeals as to whether district court decisions on motions to quash EEOC subpoenas should be reviewed de novo or for abuse of discretion.

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