News & Analysis as of

Oral Argument Appeals

Perkins Coie

SCOTUS Seems Torn in Tangling With Fraudulent Inducement Theory of Federal Fraud Statutes

Perkins Coie on

On December 9, 2024, the Supreme Court of the United States heard oral argument in Kousisis v. United States. The case squarely assesses the validity of the “fraudulent inducement” theory of mail and wire fraud under federal...more

McGlinchey Stafford

SCOTUS Hears Arguments on Judicial Interpretation of Agency Authority Under the TCPA

McGlinchey Stafford on

On January 21, 2025, the Supreme Court heard oral arguments in McLaughlin Chiropractic Associates, Inc. v. McKesson Corporation, et al., a case and decision that may have an outsized impact on the nature of judicial review of...more

Troutman Pepper Locke

Supreme Court Hears Oral Arguments on the Scope of Judicial Review Under the Hobbs Act

Troutman Pepper Locke on

On January 21, the Supreme Court heard oral arguments in the case of McLaughlin Chiropractic Associates, Inc. v. McKesson Corporation. As discussed here, the primary issue is whether the Hobbs Act, which limits judicial...more

Cozen O'Connor

SCOTUS Poised to Expand District Court Review of FCC Orders

Cozen O'Connor on

Yesterday, the Supreme Court heard oral argument in a case that will likely determine whether a federal district court or the Federal Communications Commission (FCC) has the final say on how to interpret the Telephone...more

Dickinson Wright

The Michigan Court of Appeals Internal Operating Procedures (a/k/a “the IOPs”)

Dickinson Wright on

When it comes to handling a case in the Michigan Court of Appeals, one of the most useful resources may be the Court’s Internal Operating Procedures (commonly known as the “IOPs”). Although much of the information in the...more

Alston & Bird

Exploring the Dismissals of the Facebook and NVIDIA Appeals

Alston & Bird on

Our Securities Litigation Group unpacks the U.S. Supreme Court’s recent dismissal of appeals in two securities class actions....more

Pillsbury Winthrop Shaw Pittman LLP

How Broad Is Too Broad? Supreme Court Considers Scope of NEPA

The U.S. Supreme Court is poised to address a circuit split over whether an agency doing an environmental review under the National Environmental Policy Act (NEPA) must consider effects beyond its regulatory jurisdiction,...more

A&O Shearman

Supreme Court Hears Oral Argument On Standard For Pleading Securities Fraud In Private Civil Suits

A&O Shearman on

On November 13, 2024, the United States Supreme Court heard oral argument in an appeal from a decision of the United States Court of Appeals for the Ninth Circuit in a putative class action asserting claims under the...more

Proskauer - Labor Relations Update

Ninth Circuit Panel Hears Oral Argument on the NLRB’s Transformative Cemex Decision

On October 21, 2024, the U.S. Court of Appeals for the Ninth Circuit in Cemex Construction Materials Pacific, LLC v. National Labor Relations Board, Case No. 23-2302 (9th Cir.) heard oral argument on the revised National...more

Foley & Lardner LLP

Supreme Court Set to Determine Burden of Proof on Fair Labor Standards Act Exemptions

Foley & Lardner LLP on

The U.S. Supreme Court has set oral argument for November 5, 2024, in E.M.D. Sales, Inc. v. Carrera. The issue before the court is what standard of proof employers must satisfy to demonstrate that a Fair Labor Standards...more

Fisher Phillips

Overtime Shockwaves: Federal Appeals Court to Decide Fate of Salary Basis Test in Wake of Groundbreaking SCOTUS Decision

Fisher Phillips on

If one Texas employer has its way, we wouldn’t be fighting over whether the Department of Labor has the right to raise the floor of the salary basis test for determining OT exempt status – we’d instead conclude that the...more

Fox Rothschild LLP

Fast Talk: Compressed Oral Arguments in N.C. Court of Appeals

Fox Rothschild LLP on

Oral argument in the appellate courts typically last an hour, with 30 minutes allotted to each side to present arguments. But might a shorter oral argument period be more productive if the parties knew ahead of time the...more

Ward and Smith, P.A.

The Importance of Oral Arguments in Appellate Courts: Insights for Trial and Appellate Practitioners

Ward and Smith, P.A. on

Recent stats show an interesting trend in the U.S. Court of Appeals for the Fourth Circuit: oral arguments are held in just 13% of cases. This differs from other circuits like the D.C. Circuit, where almost 50% of cases get...more

Carlton Fields

Prepping for the Panel (Or Not)

Carlton Fields on

When you have an appeal in a new jurisdiction, add to your checklist a note to look at the court’s procedures for announcing oral argument panels. Courts vary in their approaches to announcing panel composition in advance of...more

Proskauer - Labor Relations Update

Sixth Circuit Panel Questions Board’s Emergency Pay Increase Ruling

On May 9, 2024, the U.S. Court of Appeals for the Sixth Circuit heard oral argument regarding the National Labor Relations Board (“NLRB”) exception allowing an employer to unilaterally make decisions during an emergency. The...more

Goldberg Segalla

Avoid Sanctions by Reading the Rules and Admitting a Mistake

Goldberg Segalla on

Read the rules. Let’s say it again: Read. The. Rules. On February 16, the U.S. Court of Appeals for the Federal Circuit issued a strong reminder to attorneys about the importance of reading the applicable rules of court and...more

Pierce Atwood LLP

Procedure, Not Politics

Pierce Atwood LLP on

Amid the intense coverage of the Colorado ballot exclusion case that was the subject of oral argument before the Supreme Court earlier this month, the Law Court’s decision in Trump v. Secretary of State on a parallel appeal...more

Goldberg Segalla

The Fishing Case that Could Put the Chevron Doctrine Out to Sea

Goldberg Segalla on

On January 17, the U.S. Supreme Court heard oral argument in Loper Bright Enterprises v. Raimondo, No. 22-451, an environmental-law dispute concerning fishery management in federal waters....more

Woods Rogers

What to Watch for at Trial in Virginia Courts to Avoid Having Your Appeal “Disqualified” or “Sent to the Rear”

Woods Rogers on

With the expansion in the size and scope of the Court of Appeals of Virginia on January 1, 2022, civil litigators in Virginia have an increased likelihood of a full appeal of virtually any trial court decision. However, since...more

Pierce Atwood LLP

Supreme Court Dismisses ADA Website Accessibility Class Action for Mootness, Vacates First Circuit Decision

Pierce Atwood LLP on

At the close of 2023, the Supreme Court dismissed the appeal of petitioner Acheson in Acheson Hotels, LLC v. Laufer as moot and vacated the underlying decision by the First Circuit that Laufer had constitutional standing to...more

Bradley Arant Boult Cummings LLP

What’s in a Name? Too Much to Trademark According to the USPTO

With the U.S. Supreme Court beginning a new session, many are wondering what new issues the Court will address this term. One case the Court is scheduled to hear involves the relationship between the Lanham Act and First...more

Carlton Fields

Asking for Oral Argument in the U.S. Courts of Appeals

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In many federal courts of appeals, the statement on oral argument occupies a prime position in a brief. It is often the first substantive statement a judge reads. Yet so few advocates use this valuable “real estate” to...more

Ballard Spahr LLP

California federal court denies arbitration motion in Ticketmaster case

Ballard Spahr LLP on

We previously wrote about a Ninth Circuit appeal dealing with the use of bellwether procedures to resolve mass arbitration claims brought by thousands of customers against Verizon Wireless. That appeal remains pending and is...more

Health Care Compliance Association (HCCA)

Supreme Court leaves open a major risk to internal corporate communications

It is commonplace for attorneys and compliance officers (particularly those who are also attorneys) to receive communications from clients that have more than one purpose. Take, for example, a doctor who calls a friend and...more

Skadden, Arps, Slate, Meagher & Flom LLP

Inside the Courts – An Update From Skadden Securities Litigators - May 2023

Supreme Court Hears Argument on Traceability Requirement in Circuit-Split Slack v. Pirani - Key Points - - Before the end of June, the U.S. Supreme Court is expected to issue a decision in a high-profile securities case...more

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