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Mar 02, 2016

Some Observations on the Impact of Justice Scalia’s Death on Pending Business Cases

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Justice Antonin Scalia’s recent passing leaves the United States Supreme Court with eight active members. The timetable for the nomination and confirmation of his successor is unknown and currently the subject of a political dispute and intensive media coverage. There has been extensive reporting on the potential impact of Justice Scalia’s death on major cases involving social issues, but less discussion of the potential impact of his death on business cases. In at least one recent case, however, a corporate defendant cited the uncertainty following Justice Scalia’s death in connection with a decision to settle. Speculation about what the Supreme Court might do in a particular case is inherently unreliable (and perhaps even more so in business cases than in cases involving social issues or criminal law). We thought it would be useful, however, to identify business cases of potential interest to our business clients and offer some analysis of potential impact.

View full article, Some Observations on the Impact of Justice Scalia’s Death on Pending Business Cases

Authors and Contributors

Agnès Dunogué

Partner

Litigation

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+1 212 848 5257

New York

James P. Tallon

Of Counsel

Litigation

+1 212 848 4650

+1 212 848 4650

New York

Adam Hakki

Partner

Litigation

+1 212 848 4924

+1 212 848 4924

New York

Stephen Fishbein

Partner

Litigation

+1 212 848 4424

+1 212 848 4424

New York

Stuart J. Baskin

Partner

Litigation

+1 212 848 4974

+1 212 848 4974

New York

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