The Supreme Court of the United States (SCOTUS) issued opinions in three cases on June 21 and released orders in pending cases from its June 17 conference. The court did not accept any new cases for the upcoming 2021-2022 October term.
United States v. Arthrex Inc. (Consolidated with Smith & Nephew Inc. v. Arthrex Inc. and Arthrex Inc. v. Smith & Nephew Inc.) concerned the appointment of administrative patent judges (APJs) of the U.S. Patent and Trademark Office. The case originated from the U.S. Court of Appeals for the Federal Circuit.
In a 5-4 opinion, SCOTUS concluded that the unreviewable authority of APJs during inter partes review is incompatible with their appointment by the Secretary of Commerce to an inferior office. The lower court’s judgment was vacated and the case was remanded for further proceedings. Chief Justice John Roberts authored the court’s majority opinion.
Goldman Sachs Group v. Arkansas Teacher Retirement Sys. concerned class action lawsuits pertaining to securities fraud and demonstrating the element of materiality in such cases. The case originated from the U.S. Court of Appeals for the 2nd Circuit.
In an 8-1 opinion, SCOTUS held that (1) the generic nature of a misrepresentation is often important evidence of price impact that courts should consider at class certification, including in inflation-maintenance cases, and (2) defendants bear the burden of persuasion to prove a lack of price impact by a preponderance of the evidence at class certification. The lower court’s judgment was vacated and the case was remanded for further proceedings. Justice Amy Coney Barrett authored the court’s majority opinion.
National Collegiate Athletic Association (NCAA) v. Alston (Consolidated with American Athletic Conference v. Alston) concerned federal antitrust law and the NCAA’s compensation rules. The case originated from the U.S. Court of Appeals for the 9th Circuit.
The Supreme Court ruled unanimously that the district court’s injunction was consistent with established antitrust principles, upholding the lower court’s ruling in the case. Justice Neil Gorsuch penned the majority opinion.
To date, the court has issued 52 opinions for the term. Two cases were decided in one consolidated opinion. Seven cases were decided without argument. Twelve cases argued this term have yet to be decided.
National Collegiate Athletic Association v. Alston
Goldman Sachs Group Inc. v. Arkansas Teacher Retirement System
Supreme Court cases, October term 2021-2022