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U.S. Supreme Court 2023-24 Term: Key Decisions and Industry Impact

September 25, 2024

Frost Brown Todd has collected in one place summaries of notable rulings from the U.S. Supreme Court’s 2023-24 term. This survey does not encompass every case decided during this term or only those rulings that generated the most media coverage. Instead, as in prior years, the survey focuses on those rulings that are likely to be the most relevant—and thus, most helpful—to our clients.

That said, the 2023-24 term was not lacking for blockbuster rulings. The Supreme Court overruled a number of long-standing precedents, none more notable than the 40-year-old “Chevron doctrine,” which had required deference to administrative agencies’ interpretations of federal statutes. The end of Chevron will undoubtedly reverberate through industries across the country. The Supreme Court also touched on high-profile matters, from the Purdue Pharma bankruptcy to the court’s controversial ruling on presidential immunity.

But it may be the rulings arriving with less fanfare—concerning topics like social media regulation, governmental takings, trademarks, and securities enforcement—that may prove more immediately consequential to industry. Each summary includes a “key takeaways” section that focuses on the likely impact of the rulings.

SCOTUS Collection

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A Trio of Arbitration Cases: Clarifying the Scope of the Federal Arbitration Act

September 26, 2024 | Publications

Nearly 100 years ago, the Federal Arbitration Act (FAA) was enacted on the straightforward principle...

Frame structure at under construction site on rural landscape
Supreme Court Holds That Constitutional Limits on Permit Conditions Apply to Both Legislative and Ad...

September 26, 2024 | Publications

Sheetz v. County. of El Dorado, California, 144 S. Ct. 893 (Apr. 12, 2024) In Sheetz v. County of El...

Political Supreme Court
Defining the Scope of Presidential Immunity: Trump v. U.S. and Its Far-Reaching, Yet Unknowable, Fut...

September 26, 2024 | Publications

Trump v. United States, 144 S. Ct. 2312 (July 1, 2024) In its 2023-2024 term, the U.S. Supreme Court...

United States Federal court jury box.
Supreme Court Curtails Agencies’ Authority to Impose Civil Penalties Without a Jury Trial

September 26, 2024 | Publications

Securities and Exchange Commission v. Jarkesy, 144 S. Ct. 2117 (June 27, 2024) In Securities and Exc...

Bankruptcy Court. Dayton, Ohio. Greek Revival Architecture. The word BANKRUPTCY is visible just above the columns.
Supreme Court Ends Third-Party Releases in Bankruptcy

September 26, 2024 | Publications

Harrington v. Purdue Pharma L.P., 144 S. Ct. 2017 (June 27, 2024) In a hotly contested 5-4 opinion, ...

Business, Technology, Internet and network concept. Labor law, Lawyer, Attorney at law, Legal advice concept on virtual screen.
Limited Influencers: Supreme Court Holds That Social Media Users Can’t Stop Government from Prompt...

September 26, 2024 | Publications

Murthy v. Missouri, 144 S. Ct. 1972 (June 26, 2024) As any social media user knows, content moderati...

Young woman using smart phone,Social media concept.
Can States Control Your Social Media Scroll? A Supreme Court Win for the First Amendment

September 26, 2024 | Publications

Moody v. Netchoice, LLC, 144 S. Ct. 2383 (July 1, 2024) In Moody v. Netchoice, LLC, the U.S. Supreme...

Supreme Court Rules Anti-Camping Ordinances Do Not Violate the Constitution

September 26, 2024 | Publications

City of Grants Pass, Oregon v. Johnson, 144 S. Ct. 2202 (June 28, 2024) In City of Grants Pass, Oreg...

Bank center entrance
Supreme Court Rejects Bright-Line Preemption Standard Under the National Bank Act

September 26, 2024 | Publications

Cantero v. Bank of Am., N. A., 144 S. Ct. 1290 (May 30, 2024) In Cantero v. Bank of America, the U.S...

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Supreme Court Overrules the ‘Chevron Doctrine’ and Changes the Face of Federal Regulatory and Ad...

September 26, 2024 | Publications

Loper Bright Enterprises v. Raimondo, 144 S. Ct. 2244 (June 28, 2024) In Loper Bright Enterprises v....

Judge's hammer, scales, god of justice Law in the Lawyer's Office
Considering the ‘Trump Too Small’ Trademark, Supreme Court Holds that Lanham Act’s Names Claus...

September 26, 2024 | Publications

Vidal v. Elster, 144 S. Ct. 1507 (June 13, 2024)  In Vidal v. Elster, the U.S. Supreme Court unanim...

Capitol Dome from Supreme Court
Muldrow v. City of St. Louis: Supreme Court Establishes New Harm Standard for Title VII Discriminati...

April 22, 2024 | Publications

Muldrow v. City of St. Louis, 144 S. Ct. 193 (Apr. 17, 2024) The U.S. Supreme Court’s recent opini...

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Student Loan Relief Denied in 6-3 Decision by the Supreme Court

August 16, 2023 | Publications

Biden v. Nebraska, 143 S. Ct. 2355 (June 30, 2023) In Biden v. Nebraska, the Supreme Court held that...

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Supreme Court Narrows Clean Water Act’s Jurisdictional Scope in Sackett v. EPA

August 16, 2023 | Publications

Sackett v. U.S. Environmental Protection Agency, 143 S. Ct. 1322 (May 25, 2023) Since 2001, the U.S....

California - Interstate roadsign illustration with the map of California
Supreme Court Rejects Dormant Commerce Clause Challenge to California Restrictions on Sale of Pork

August 16, 2023 | Publications

National Pork Producers Council v. Ross, 143 S. Ct. 1142 (May 11, 2023) In National Pork Producers C...

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Supreme Court Rules that States Can’t Take More Property Than They Are Owed

August 16, 2023 | Publications

Tyler v. Hennepin County, Minnesota, 143 S. Ct. 1369 (May 25, 2023) The Fifth Amendment’s Takings ...

Rearview shot of a young man on graduation
Supreme Court Ends Considerations of Race in College Admissions

August 16, 2023 | Publications

Students for Fair Admissions, Inc. v. President & Fellows of Harvard College, 143 S. Ct. 2141 (J...

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Supreme Court Defines Limits of Social Media Company Liability

August 16, 2023 | Publications

The U.S. Supreme Court issued two decisions in the 2022-23 term that begin to define the limits of l...

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Supreme Court Clarifies ‘Transformative’ Art in the Context of Copyright ‘Fair Use’

August 16, 2023 | Publications

Andy Warhol Foundation for the Visual Arts, Inc. v. Goldsmith, 143 S. Ct. 1258 (May 18, 2023) In And...

Internet law and cyberlaw as digital legal services or online lawyer advice as a 3D illustration.
Supreme Court Rules First Amendment Permits the Sale of ‘Expressive’ Goods and Services from Com...

August 16, 2023 | Publications

303 Creative, LLC v. Elenis, 143 S. Ct. 2298 (June 30, 2023) In a 6-3 ruling, the U.S. Supreme Court...

Business lawyer team. Working together of lawyer in the meeting.
Supreme Court Holds Post-Trial Motions Not Required to Preserve Appellate Rights on Purely Legal Que...

August 16, 2023 | Publications

Dupree v. Younger, 143 S. Ct. 1382 (May 25, 2023) In Dupree v. Younger, the U.S. Supreme Court held ...

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Divided Supreme Court Rules that Appeals from Arbitration Denials Automatically Stay All District Co...

August 16, 2023 | Publications

Coinbase, Inc. v. Bielski, 143 S. Ct. 1915 (June 23, 2023) In Coinbase, Inc. v Bielski, a 5-4 U.S. S...

The chamber of the Supreme Court, located in the Capitol building in Lansing, Michigan.
‘Consent by Registration’: Supreme Court Reaffirms the Hidden Impact on Out-of-State Companies R...

August 16, 2023 | Publications

Mallory v. Norfolk S. Ry. Co., 143 S. Ct. 2028 (June 27, 2023) While it received far less fanfare th...

Patent concept with man using his tablet computer
Supreme Court Reaffirms Patent Law’s Enablement Requirement

August 16, 2023 | Publications

Amgen Inc. v. Sanofi, 143 S. Ct. 1243 (May 18, 2023) In Amgen Inc. v. Sanofi, the U.S. Supreme Court...

A collection of old books with gold lettering on the spine is displayed in a wooden bookcase behind glass, with soft, warm lights reflecting off the surface.
Supreme Court Pokes a Hole in the Ironclad Nature of Bankruptcy 363 Sales

April 25, 2023 | Publications

MOAC Mall Holdings LLC v. Transform Holdco LLC, 143 S. Ct. 927 (April 19, 2023) Purchasers often rel...

Rear view of middle school students studying in classroom
Maine’s “Nonsectarian” School Choice Policy Violates Free Exercise Clause

September 30, 2022 | Publications

Carson, as next friend of O.C. v. Makin, 142 S. Ct. 1987 (June 21, 2022) In Carson, as next friend o...

Close-up Of A Businessperson's Hand Balancing Stacked Coins On Wooden Seesaw With Finger Over Desk
U.S. Supreme Court Clarifies Fiduciary Responsibilities for Excessive-Fee Claims against Retirement ...

September 30, 2022 | Publications

Hughes v. Northwestern University, 142 S. Ct. 737 (January 24, 2022) In Hughes v. Northwestern Unive...

A symmetric view from inside an electricity pylon with a sunset sky in the background.
Court Constrains EPA’s Authority in Applying the Major Questions Doctrine

September 30, 2022 | Publications

West Virginia v. Environmental Protection Agency, 142 S. Ct. 2587 (June 30, 2022) In West Virginia v...

Math mathematics formulas exam science idea innovation head silhouette
Copyright Act Protects Inaccurate Information Resulting from Lack of Knowledge in Copyright Applicat...

September 30, 2022 | Publications

Unicolors, Inc. v. H&M Hennes & Mauritz, L.P., 142 S. Ct. 941 (February 24, 2022) In Unicolo...

Two Businesspeople Working On Contract Paper In Office
The Supreme Court’s Quartet of Arbitration Decisions

September 30, 2022 | Publications

The 2021 Term saw the U.S. Supreme Court issue a quartet of decisions addressing enforcement of arbi...

Supreme Court - Texas Abortion Law Senate Bill SB8 - Women’s Rights
Moving Forward: How the Supreme Court’s Fall 2021 Term Will Impact Your Business

September 30, 2022 | Publications

With the United States Supreme Court’s 2022 Term upon us, Frost Brown Todd is taking time to refle...

Hands holding sad face hiding behind happy face, bipolar and depression, mental health, split personality,  mood change,
Court Limits Emotional Damages Recovery in Private Actions Under the Rehabilitation Act and Affordab...

September 30, 2022 | Publications

Cummings v. Premier Rehab Keller, P.L.L.C., 142 S. Ct. 1562 (April 28, 2022) In a 6 to 3 decision, t...

Social gap, gender difference. Man and woman career. Gap. Realizing yourself in the working world. Concept. Difficulty and success. Ups and downs in work. 3d rendering
Court Strikes Down Arbitrary Fee Increases for Debtors in Bankruptcy Cases

September 30, 2022 | Publications

Siegel v. Fitzgerald, 142 S. Ct. 1770 (June 6, 2022) The federal Constitution authorizes Congress to...

Group of young American football players standing together in a circle on a sports field talking strategy
Coach’s Post-Game Prayer on Football Field Protected by the First Amendment

September 30, 2022 | Publications

Kennedy v. Bremerton School District, 142 S. Ct. 2407 (June 27, 2022) In the most significant case t...

Article Contributors

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Thomas F. Allen, Jr.

Partner

Dallas, TX

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Catherine F. Burgett

Partner

Columbus, OH

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Darren A. Craig

Partner

Indianapolis, IN

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Ryan W. Goellner

Partner

Cincinnati, OH

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J. Austin Hatfield

Associate

Louisville, KY

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Blake N. Humphrey

Associate

Charleston, WV

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W. Michael Hensley

Counsel

Santa Ana, CA

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Joy D. Kleisinger

Associate

Cincinnati, OH

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Hannah-Catherine Lackey

Associate

Nashville, TN

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Associate

West Chester, OH

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Mark A. Platt

Partner

Dallas, TX

Houston, TX

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Partner

Louisville, KY

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Kevin T. Shook

Partner

Columbus, OH

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Nathan L. Truitt

Senior Associate

Cincinnati, OH

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Ben A. West

Partner

Dallas, TX

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