This week, the U.S. Supreme Court heard oral arguments in five of the cases scheduled during its October 2019-2020 term. On January 13, the court heard arguments in two cases: Lucky Brand Dungarees v. Marcel Fashion Group and Thole v. U.S. Bank. On January 14, the court heard arguments in two cases: Kelly v. United States and Romag Fasteners v. Fossil. On January 15, the court heard arguments in one case: Babb v. Wilkie.

The issue in the case Lucky Brand Dungarees v. Marcel Fashion Group is: Whether, when a plaintiff asserts new claims, federal preclusion principles can bar a defendant from raising defenses that were not actually litigated and resolved in any prior case between the parties.

The issues in the case Thole v. U.S. Bank are:

1. May an ERISA plan participant or beneficiary seek injunctive relief against fiduciary misconduct without demonstrating individual financial loss or the imminent risk thereof?
2. May an ERISA plan participant or beneficiary seek restoration of plan losses caused by fiduciary breach without demonstrating individual financial loss or the imminent risk thereof?
3. Whether petitioners have demonstrated Article III standing.

The issue in the case Kelly v. United States is: Does a public official defraud the government of its property by advancing a public policy-based reason for an official decision that is not their subjective reason for making the decision?

The issue in the case Romag Fasteners v. Fossil is: Whether, under section 35 of the Lanham Act, willful infringement is a prerequisite for an award of an infringer’s profits for a violation of section 43(a), id. § 1125(a).

The issue in the case Babb v. Wilkie is: Whether the federal-sector provision of the Age Discrimination in Employment Act of 1967, which provides that personnel actions affecting agency employees aged 40 years or older shall be made free from any “discrimination based on age,” 29 U.S.C. §633a(a), requires a plaintiff to prove that age was a but-for cause of the challenged personnel action.

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Additional reading:
Lucky Brand Dungarees v. Marcel Fashion Group
Thole v. U.S. Bank
Kelly v. United States
Romag Fasteners v. Fossil
Babb v. Wilkie