• SCOTUS Cert Recap: SCOTUS Agrees To Hear Nine More Cases, Including On Section 230, Abetting Terrorism, Attorney-Client Privilege, And National Labor Relations Act Preemption

    On October 3, the Supreme Court agreed to consider the following questions:

    Is a claim based on an internet company’s display of user-generated content seeking to treat the company as a “publisher” and thus barred by Section 230(c)(1) of the Communications Decency Act?

    Does the Anti-Terrorism Act’s provision authorizing civil suits against entities that “knowingly provid[e] substantial assistance” to foreign terrorist groups apply to entities that provide widely available services and that work to prevent terrorists from using those services?

    To what extent, if any, does the attorney-client privilege protect a communication that was made for both legal and non-legal purposes?

    Does the National Labor Relations Act impliedly preempt an employer’s state tort claim against a union for intentionally but non-violently destroying the employer’s property in the course of a labor dispute?

    Does the administrative-exhaustion requirement of the Individuals with Disabilities Education Act extend to claims brought under other statutes where the claims seek money damages or are claims for which administrative proceedings would be futile?

    Can federal courts exercise criminal jurisdiction over corporate entities owned by foreign states?

    Has Congress abrogated the sovereign immunity of the Financial Oversight and Management Board for Puerto Rico?

    Does the Civil Service Reform Act of 1978 empower the Federal Labor Relations Authority to regulate labor-relations issues involving state national guards?

    Is immigration law’s administrative-exhaustion requirement a jurisdictional rule or merely a mandatory claim-processing rule, and what does the rule require an alien to do to preserve an impermissible-fact-finding argument?

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