Supreme Court term paints a mixed picture for business



WASHINGTON — Overall, litigants have done well in the Supreme Court in recent years, but their gains have been more gradual during the term just ended, and although they have won a few big wins. cases, others ended in unilateral defeats.

The victories for the business community included decisions that reduced union physical access to farm workers, raised a new bar for some consumer class actions, and removed a barrier to building gas pipelines.

But these were weighed against losses in which the court refused to make it more difficult to initiate certain product liability and securities fraud lawsuits. The judges also upheld the antitrust liability of the National Collegiate Athletic Association.

The 2020-21 term, which ended this week, was the first for a Conservative-majority court that now enjoys a 6-3 advantage thanks to confirmation from Judge Amy Coney Barrett. However, most of the business decisions did not follow these ideological lines.

“If people thought the new Conservative appointees would keep pace with the Chamber of Commerce, that’s not what’s happening,” said attorney Deepak Gupta, whose practice focuses on representation consumers and workers. “The image is much more complex.



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