News & Analysis as of

Supreme Court of the United States Appellate Courts

The United States Supreme Court is the highest court of the United States and is charged with interpreting federal law, including the United States Constitution. The Court's docket is largely discretionary... more +
The United States Supreme Court is the highest court of the United States and is charged with interpreting federal law, including the United States Constitution. The Court's docket is largely discretionary with only a limited number of cases granted review each term.  The Court is comprised of one chief justice and eight associate justices, who are nominated by the President and confirmed by the Senate to hold lifetime positions. less -
Husch Blackwell LLP

Circuit Split: 3rd vs 9th & 11th Circuits on FIFRA Duty to Warn Claims

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The United States Court of Appeals for the Third Circuit, in Schaffner v. Monsanto, No. 22-3075 (3rd Cir. 2024), recently held that a state-law duty to warn claim was expressly preempted by the Federal Insecticide, Fungicide,...more

Eversheds Sutherland (US) LLP

Supreme Court to consider FCC's power to interpret the Telephone Consumer Protection Act

The United States Supreme Court will hear the case McLaughlin Chiropractic Associates Inc. v. McKesson Corporation, which poses the question of whether federal district courts, under the Hobbs Act, must adhere to the rulings...more

Shipman & Goodwin LLP

Conn. Court Split May Lead To Vertical Forum Shopping: A Law360 Article

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In Mallory v. Norfolk Southern Railway Co.,[1] the U.S. Supreme Court clarified last year that states can require foreign entities to consent to personal jurisdiction as a condition for doing business within their borders. ...more

Troutman Pepper

Supreme Court Grants Certiorari: Revisiting the Hobbs Act and FCC Interpretations

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On October 4, the Supreme Court granted certiorari in the case of McLaughlin Chiropractic Associates, Inc. v. McKesson Corporation. This case will address a critical question that has been a point of contention among various...more

McCarter & English, LLP

US Court of Appeals for the Sixth Circuit Issues Campaign Finance Decision

The US Court of Appeals for the Sixth Circuit recently issued an important decision regarding the ability of federal candidates to coordinate with committees such as the National Republican Senatorial Committee....more

Sullivan & Worcester

Federal Appeals Court Strikes Another Blow to Chabad Cultural Property Claims Against Russia

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The U.S. Court of Appeals for the D.C. Circuit recently dismissed a long-running dispute against Russia concerning the library of the Lubavitcher Rebbe (the Library), a collection of books and papers once held by the...more

Proskauer - Health Care Law Brief

No Surprises Here!  Fifth Circuit Upholds Health Care Provider Challenge to No Surprises Act Regulations

In a recent win for health care providers, the United States Court of Appeals for the Fifth Circuit has affirmed a lower court’s decision to vacate key portions of regulations issued by the U.S. Departments of Treasury,...more

Carlton Fields

Classified Monthly: A Roundup of Class Action Decisions From Federal Appellate Courts June 2024

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The Roundup covers notable class action decisions each month from federal appellate courts, as well as notable Supreme Court class action cert petitions....more

Jackson Lewis P.C.

The U.S. Supreme Court Overturned Chevron: What That Means for the NLRB

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The U.S. Supreme Court’s decision in Loper Bright Enterprises et al. v. Raimondo and Relentless, Inc. v. Department of Commerce, Nos. 21-5166/22-1219, (June 28, 2024) overturning the Chevron doctrine left open the future...more

Littler

Littler Lightbulb: June Appellate Roundup

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This Littler Lightbulb highlights some of the more significant employment law developments at the U.S. Supreme Court and federal courts of appeal in the last month....more

Fox Rothschild LLP

 Here It Comes Again: AJEI 2024

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I have blogged annually about the Appellate Judges Education Institute’s Summit. This year it is being held in Boston from November 14 through 17. As in prior years, it’s going to be a dilly. The program will be pure...more

Seyfarth Shaw LLP

Are Bright Times Ahead for Employers at the NLRB?

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On June 28, 2024, the United States Supreme Court, in Loper Bright Enterprises v. Raimondo ended four decades of deference to federal agency action under Chevron and ushered in a new era of administrative law. What Loper...more

Carlton Fields

Classified Monthly: A Roundup of Class Action Decisions From Federal Appellate Courts May 2024

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The Roundup covers notable class action decisions each month from federal appellate courts, as well as notable Supreme Court class action cert petitions....more

Morrison & Foerster LLP - Social Media

Supreme Court Clarifies The Boundaries Of Public Official Liability On Social Media

In its recent opinion in Lindke v. Freed, the U.S. Supreme Court addressed when public officials may be held liable for violating the First Amendment for silencing critics on social media. The Court held that a public...more

Carlton Fields

Classified Monthly: A Roundup of Class Action Decisions From Federal Appellate Courts - February 2024

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The Roundup is a monthly publication that covers the previous month’s notable class action decisions from federal appellate courts, as well as notable Supreme Court cert petitions related to class actions....more

Holtzman Vogel Baran Torchinsky & Josefiak

Supreme Court Issues Key Decisions on Public Officials’ Use of Social Media and Ability to Block Commenters

On March 15, 2024, the Supreme Court issued a unanimous opinion in Lindke v. Freed and a per curiam opinion in O’Connor-Ratcliff v. Garnier addressing when a public official may prevent a person from commenting on the public...more

Littler

Littler Lightbulb: February Appellate Roundup

Littler on

This Littler Lightbulb highlights some of the more significant employment law developments at the U.S. Supreme Court and federal courts of appeal in the last month....more

Carlton Fields

Classified Monthly: A Roundup of Class Action Decisions From Federal Appellate Courts – January 2024

Carlton Fields on

The Roundup is a monthly publication that covers the previous month’s notable class action decisions from federal appellate courts, as well as notable Supreme Court cert petitions related to class actions....more

Goodwin

2023 Year in Review: Major U.S. Supreme Court and Appellate Cases

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Welcome to the Major US Supreme Court and Appellate Cases chapter of our annual report Consumer Financial Services 2023 Year in Review. Looking Ahead to 2024 - The Supreme Court continues to take a close look at major...more

Akin Gump Strauss Hauer & Feld LLP

DC Circuit Reaffirms Jurisdictional Lines in Natural Gas Act

On Tuesday, February 13, 2024, in Bohan v. FERC, the U.S. Court of Appeals for the District of Columbia Circuit (D.C. Circuit) for the second time affirmed a lower court’s finding that property owners could not bring a...more

Mitchell, Williams, Selig, Gates & Woodyard,...

Waters of the United States/Clean Water Act: Federal Appellate Court Addresses Jurisdictional Challenge

The United States Court of Appeals for the Fifth Circuit (“Fifth Circuit”) addressed in a December 18, 2023, Consolidated Opinion whether certain Louisiana wetlands were subject to Clean Water Act jurisdiction. See Lewis v....more

Littler

Littler Lightbulb – October Employment Appellate Roundup

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This Littler Lightbulb highlights some of the more significant employment law developments at the U.S. Supreme Court and federal courts of appeal in the last month. ...more

Fox Rothschild LLP

Just in Time for Halloween: Has the Specter of Viar Returned?

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Thirty years ago, Justice Scalia famously described the Supreme Court’s Lemon test as “some ghoul in a late-night horror movie that repeatedly sits up in its grave and shuffles abroad, after being repeatedly killed and...more

Weintraub Tobin

Federal Circuit Continues to Strike Down Patents as Abstract Ideas

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The Federal Circuit Court of Appeals has again relied on the Supreme Court’s Alice case to invalidate patents on the grounds that they are directed to an abstract idea. Realtime Data LLC v. Fortinet Inc. ( Fed. Cir. 8/2/2023)...more

Fox Rothschild LLP

The Post-Siegel Fallout Continues: The Supreme Court Has Accepted Certiorari to Determine Whether a Refund of Overpayments Made by...

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On Friday September 28, 2023, the U.S. Supreme Court agreed to review the United States Trustee’s appeal from the Tenth Circuit Court of Appeal’s holding that the Office of the United States Trustee should refund overpayments...more

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