A Seat at the Sitting - November 2024

Each month, a panel of constitutional experts convenes to discuss the Court’s upcoming docket sitting by sitting. The cases covered in this preview are listed below. Wisconsin Bell v. U.S., (November 4) - Telecommunications; Whether reimbursement requests submitted to the Federal Communications Commission's E-rate program are “claims” under the False Claims Act. Advocate Christ Medical Center v. Becerra, (November 5) - Medicare; Whether the phrase “entitled ... to benefits,” used twice in the same sentence of the Medicare Act, means the same thing for Medicare part A and Supplemental Social Security benefits, such that it includes all who meet basic program eligibility criteria, whether or not benefits are actually received. E.M.D. Sales v. Carrera, (November 5) - Labor & Employment; Whether the burden of proof that employers must satisfy to demonstrate the applicability of a Fair Labor Standards Act exemption is a mere preponderance of the evidence or clear and convincing evidence. Facebook v. Amalgamated Bank, (November 6) - Corporations; Whether risk disclosures are false or misleading when they do not disclose that a risk has materialized in the past, even if that past event presents no known risk of ongoing or future business harm. Velazquez v. Garland, (November 12) - International and National Security; Whether, when a noncitizen's voluntary-departure period ends on a weekend or public holiday, a motion to reopen filed the next business day is sufficient to avoid the penalties for failure to depart under 8 U.S.C. § 1229c(d)(1). Delligatti v. U.S., (November 12) - Criminal Law & Procedure; Issue(s): Whether a crime that requires proof of bodily injury or death, but can be committed by failing to take action, has as an element the use, attempted use, or threatened use of physical force. NVIDIA Corp. v. E. Ohman J:or Fonder AB, (November 13) - Securities; (1) Whether plaintiffs seeking to allege scienter under the Private Securities Litigation Reform Act based on allegations about internal company documents must plead with particularity the contents of those documents; and (2) whether plaintiffs can satisfy the Act's falsity requirement by relying on an expert opinion to substitute for particularized allegations of fact. Featuring: Tyler S. Badgley, Senior Counsel, U.S. Chamber Litigation Center Karen Harned, President, Harned Strategies LLC Robert S. Peck, President, Center for Constitutional Litigation Collin White, Of Counsel, Kellogg Hansen (Moderator) Sarah Child, Attorney, Jackson Lewis