Issue: (1) Whether the First Circuit erred by holding (contrary to
decisions of the Seventh and D.C. Circuits) that
“trade or business” status under ERISA should be
governed by a novel, multi-factor “investment
plus-like” test rather than by this Court’s
decisions defining “trade or business” status for
purposes of Section 162(a) of the Internal Revenue
Code; and (2) whether the First Circuit erred by holding, contrary to
Whipple v. Commissioner that an entity that solely makes
investments and manages the businesses in which
it has invested is a “trade or business.”
On Monday, the Justices met for the “Long Conference” – their first Conference since the end of June, at which they considered roughly two thousand petitions for review. On Thursday morning, the Court released grants from that Conference, adding thirteen new cases to their docket for the upcoming Term.
“Appellate advocacy, particularly at the Supreme Court, is really intimate. I mean, you’re just a few feet away from the Chief Justice. You know, if you’re sweating, they see you. And, it’s a conversation. And, you know, if you’re looking down at your legal pad the whole time, you’re not going to have that conversation.” […]
Awarded the Peabody Award for excellence in electronic media.
Sigma Delta Chi
Awarded the Sigma Delta Chi deadline reporting award for online coverage of the Affordable Care Act decision.
National Press Club Award
Awarded the National Press Club's Breaking News Award for coverage of the Affordable Care Act decision.
Silver Gavel Award
Awarded the Silver Gavel Award by the American Bar Association for fostering the American public’s understanding of the law and the legal system.
American Gavel Award
Awarded the American Gavel Award for Distinguished Reporting About the Judiciary to recognize the highest standards of reporting about courts and the justice system.
Awarded the Webby Award for excellence on the internet.