Last Month at the Supreme Court | February 2025

The February 2025 edition of Last Month at the Supreme Court delves into critical legal developments shaping civil procedural, employment rights, and regulatory authority. We spotlight the Court’s decisions upholding the conditional TikTok ban, confirming the default standard of proof for FLSA exemptions, and determining that federal courts are divested of jurisdiction over state law claims when plaintiffs drop federal law claims. We also highlight key Grant Alerts on cases addressing the timing of appeals and Article III standing class action certification. 

Additionally, we examine other significant questions before the Court, including

• • A manufacturer’s ability to challenge the denial of its FDA application in a jurisdiction where it does not reside
  • The finality of federal agency orders
  • The scope of post-employment protections under the Americans with Disabilities Act
  • When a party may seek relief from a final judgment after voluntarily dismissing its case

Stay tuned for insights into these and other essential developments shaping the legal landscape for your business. For more information, please contact Chantel Febus, James Azadian, Susan Feibus, Mark Magyar, Kyle Asher, Christopher Sakauye, Monika Harris, or Ryan VanOver.

Decision Alert: Supreme Court Upholds Conditional TikTok Ban, But TikTok Persists

On January 17, 2025, in the coordinated cases of TikTok v. Garland (No. 24-656) and Firebaugh v. Garland (No. 24-657), the Supreme Court unanimously upheld the Protecting Americans from Foreign Adversary Controlled Applications Act. This bipartisan law bans TikTok in the United States if TikTok’s Chinese parent company, ByteDance, does not sell the popular web-based video-sharing platform to a non-Chinese owner. In an unsigned opinion, the Court rejected TikTok’s First Amendment challenge to the new divest-or-be-banned law and ruled that it was justified by the threat of China’s collecting sensitive data from TikTok’s U.S. users to influence U.S. public opinion by manipulating their personalized video feeds. Concurring only in the outcome reached by the Court, Justice Gorsuch wrote separately to observe that the cases had moved through the Supreme Court very quickly and that he did not have “the kind of certainty I would like to have about the arguments and record before us. All I can say is that, at this time and under these constraints, the problem appears real and the response to it not unconstitutional.” Read the full synopsis here.  

Decision Alert: Supreme Court Confirms Standard of Proof for FLSA Exemptions

On January 15, 2025, the Supreme Court reaffirmed a fundamental principle of civil litigation: the preponderance of the evidence standard remains the default unless explicitly altered by statute or constitutional mandate. In E.M.D. Sales, Inc. v. Carrera, the Court clarified this standard for exemptions under the Fair Labor Standards Act (FLSA), resolving a dispute over the appropriate burden of proof for employers claiming such exemptions. Read the full synopsis here.

Decision Alert: Supreme Court Unanimously Holds That Federal Courts Lose Jurisdiction Over State Law Claims After Plaintiff Purges Federal Law Claims

On January 15, 2025, in Royal Canin v. Wullschleger, the Supreme Court held that when a plaintiff amends a complaint to eliminate federal law claims—leaving only state law claims—federal courts lose jurisdiction over the remaining claims and must remand the case to state court (if the case was removed) or dismiss the case (if originally filed in federal court). Read the full synopsis here.

Grant Alerts

In Parrish v. United States, the Supreme Court will address a procedural issue—with potentially serious jurisdictional consequences—regarding the timing of appeals.

Laboratory Corp. of America v. Davis concerns the requirements for certifying a class action under Federal Rule of Civil Procedure 23(b)(3). The Court will decide whether a federal court can certify a class that includes members who lack an Article III injury—meaning they have not suffered a concrete, particularized harm required for standing in federal court. See also here.

Up in Smoke: The Supreme Court Explores Who Can Challenge FDA Orders Under the Family Smoking Prevention and Tobacco Control Act—and Where

In FDA v. R.J. Reynolds Vapor Co., the Supreme Court will decide whether an e-cigarette manufacturer can seek review of the FDA’s denial of its marketing application in a forum where it does not reside by joining a retailer who does. Read the full synopsis here.

Supreme Court To Clarify Finality of Federal Agency Orders 

In McLaughlin Chiropractic Associates v. McKesson Corporation, the Supreme Court is set to determine whether the Hobbs Act requires district courts to follow the Federal Communications Commission’s (FCC) interpretation of the Telephone Consumer Protection Act (TCPA)—specifically, the FCC’s understanding that the TCPA does not prohibit electronically received faxes, a mundane issue that involves seemingly extinct technology (fax machines), but arising in a case that holds potentially significant constitutional consequences. Read the full synopsis here.

Supreme Court Tackles Post-Employment Disability Discrimination

Stanley v. City of Sanford raises significant questions about the scope of protections under the Americans with Disabilities Act (ADA) for individuals after employment. The issue before the Supreme Court is whether a former employee—who was previously qualified for her role and received post-employment benefits during her tenure—loses the right to file a discrimination claim related to those benefits once she is no longer employed. Read the full synopsis here.

Supreme Court Examines Scope of Rule 60(b) Ability To Reopen Cases

In Waetzig v. Halliburton Energy Services, Inc., the Supreme Court will determine whether Federal Rule of Civil Procedure 60(b), which allows a district court to “relieve a party or its legal representative from a final judgment, order, or proceeding,” can be invoked when a party voluntarily dismisses its case. Read the full synopsis here.