WASHINGTON, D.C. — Only someone who “arrives in the United States” may seek asylum, and that phrase, as used in the Immigration and Nationality Act (INA), only refers to someone in the United States and not someone at the border standing in Mexico, Assistant to the Solicitor General Vivek Suri argued before the U.S. Supreme Court on March 24 in a case in which the federal government is challenging a Ninth Circuit U.S. Court of Appeals ruling that partially upheld a permanent injunction in a class case over a now-rescinded border metering policy.

WASHINGTON, D.C. — The U.S. Supreme Court rejected a real estate entity’s petition for a writ of certiorari, declining to hear arguments that the Ninth Circuit U.S. Court of Appeals wrongly revived antitrust counterclaims filed against the entity in response to copyright claims it brought against another real estate entity; the petitioner had also argued that the Ninth Circuit wrongly created a novel theory of exclusive dealing based on customer misunderstanding.

SAN FRANCISCO — The Ninth Circuit U.S. Court of Appeals on March 23 held that an insured failed to raise a genuine dispute of material fact regarding whether she timely filed her lawsuit seeking coverage for her alleged loss of hundreds of thousands of dollars in personal belongings that were destroyed by the Tubbs Fire in October 2017, affirming a lower federal court’s grant of summary judgment in favor of the insurers in her five-year-old pro se lawsuit alleging claims for breach of contract, breach of the implied covenant of good faith and fair dealing, misrepresentation, emotional distress and violations of the Unruh Act, the Americans with Disabilities Act and California Business and Professions Code Section 17200.

NEW ORLEANS — The Fifth Circuit U.S. Court of Appeals granted a petition filed by Intuit Inc., the seller of online tax preparation product TurboTax, and vacated a 20-year cease-and-desist order issued by the Federal Trade Commission preventing Intuit from advertising any services as free, finding that the administrative law judge proceeding resulting in the order violated the separation of powers under Article III of the U.S. Constitution because deceptive advertising suits involve private rights requiring adjudication in federal court.

CINCINNATI — A Sixth Circuit U.S. Court of Appeals panel ruled that a Michigan federal judge did not abuse his discretion in largely denying a pet care services company’s request for a preliminary injunction against former franchisees the company said misappropriated proprietary methods, client data and trademarks; the panel saw no error in the district court’s application of the unclean hands doctrine.

LOUISVILLE, Ky. — A duty exists under Kentucky negligence and product liability law to prevent foreseeable household exposures to asbestos that are “regular and repeated,” the Kentucky Supreme Court said in affirming a ruling reversing summary judgment for two defendants in an asbestos case and in finding that a summer job didn’t trigger workers’ compensation system exclusivity.

WASHINGTON, D.C. — The U.S. Supreme Court on March 23 heard arguments as to whether a COVID-era Mississippi state law providing that mail-in ballots postmarked by Election Day may be received by the registrar within five days of Election Day and still be valid is, as the Fifth Circuit U.S. Court of Appeals found, preempted by federal law governing elections and the definition of Election Day (Michael Watson v. Republican National Committee, et al., No. 24-1260, U.S. Sup.).

WASHINGTON, D.C. — Two news publishers are not in the general search services marketplace and have not established that general Google LLC search and its artificial intelligence products AI Overviews or Gemini chatbot are separate products for antitrust tying purposes, a federal judge in the District of Columbia said March 20 in dismissing antitrust claims.