News & Analysis as of

Statutory Interpretation

K&L Gates LLP

Course Correction: Supreme Court Steers Toward Greater Predictability in NEPA Reviews

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On 29 May 2025, the Supreme Court unanimously declared that a “course correction” was needed for cases under the National Environmental Policy Act (NEPA), holding that a law originally meant to be a procedural check to inform...more

Dinsmore & Shohl LLP

D.C. District Court Declines Manufacturers’ Unilateral Efforts to Move Forward with Proposed 340B Rebate Models

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Last month, the United States District Court for the District of Columbia (the “District Court”) evaluated Motions for Summary Judgment concerning drug manufacturers’ efforts to unilaterally pay 340B Program discounts in the...more

Morris James LLP

Delaware Supreme Court Examines Contractual Ambiguity of Waiver Clauses

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Terrell v. Kiromic Biopharma, Inc., No. 131, 2024 (Del. Jan. 21, 2025) - In a decision addressing the interpretation of waiver clauses within stock option agreements, the Delaware Supreme Court reversed the Court of...more

Husch Blackwell LLP

Permanent Injunction – IEEPA Reciprocal Tariffs Will Continue to be Collected During the Pendency of the Appeal

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On June 10, 2025, the United States Court of Appeals for the Federal Circuit (“Federal Circuit”) stayed the Court of International Trade’s (“CIT”) permanent injunction on the Trump Administration’s executive orders...more

Orrick, Herrington & Sutcliffe LLP

Supreme Court Clarifies FSIA Personal Jurisdiction Standard

On June 5, 2025, the U.S. Supreme Court in CC/Devas (Mauritius) Ltd., et al. v. Antrix Corp., et al., No. 23-1201 held that personal jurisdiction exists over a foreign entity under the Foreign Sovereign Immunities Act (FSIA)...more

Orrick, Herrington & Sutcliffe LLP

Supreme Court Declines to Resolve Circuit Split on Certifying Classes with Uninjured Class Members

On June 5, 2025, the U.S. Supreme Court dismissed as improvidently granted the writ of certiorari in Laboratory Corporation of America Holdings v. Luke Davis, No. 22-55873, which raised whether a federal court may certify a...more

Rivkin Radler LLP

The Limited Partner Exclusion From Self-Employment Tax – But Who Is A Limited Partner?

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An Agency Under Siege - The mission statement of the IRS reminds taxpayers that it is their responsibility to understand and meet their tax obligations, while it is the role of the IRS to “enforce the [tax] law with...more

McGlinchey Stafford

Ohio Supreme Court Holds Hearing on Arbitration Not Required if Parties Do Not Request It

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In a unanimous opinion, the Ohio Supreme Court held that a trial court is not required to first hold an oral hearing on a motion to compel arbitration under Ohio’s Arbitration Act (R.C. 2711 et. seq.) if no party requests a...more

Constangy, Brooks, Smith & Prophete, LLP

Justice Thomas continues to ask litigants to challenge McDonnell Douglas standard

In March, the U.S. Supreme Court majority declined to review a decision affirming summary judgment for an employer in a discrimination case. Justice Clarence Thomas, joined by Justice Neil Gorsuch, dissented, noting that he...more

Husch Blackwell LLP

U.S. Tax Court Rules That Limited Partners of an Investment Manager Are Subject to Self-Employment Tax

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On May 28, 2025, the United States Tax Court held that the limited partners of a limited partnership providing investment management services to various investment funds were not limited partners within the meaning of...more

Farella Braun + Martel LLP

New TTAB Precedent Prohibits Incorporation By Reference

In a precedential decision issued June 6, 2025, the Trademark Trial and Appeal Board (TTAB) confirmed what has long been suggested in its procedural manual: Appellants in ex parte appeals may not incorporate arguments from...more

Frantz Ward LLP

Higher Burden No More: Supreme Court Eliminates Higher Standard for Majority-Group Plaintiffs

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In Ames v. Ohio Dept. of Youth Services, the Supreme Court eliminated the higher standard majority-group plaintiffs had to meet in Title VII discrimination cases. Traditionally, a Title VII plaintiff must show they are a...more

Littler

First Circuit Finds University Police Sergeants and Sergeant Detectives are “Supervisors” Under the National Labor Relations Act

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On May 23, 2025, the First Circuit Court of Appeals reversed the National Labor Relations Board’s 2024 decision that police sergeants and sergeant detectives in Northeastern University’s police department were statutory...more

Bradley Arant Boult Cummings LLP

Alabama Cannabis Court Faces Dilemma: To Treat Applicants Fairly or Equally?

“Equal is not fair, and fair is not equal. Equal is obtainable but fair is not.” The Montgomery County Circuit Court overseeing the launch of Alabama’s medical cannabis program has an interesting dilemma on its hands. It...more

Clark Hill PLC

An about face on reverse discrimination: The U.S. Supreme Court’s landmark decision in Ames v. Ohio Department of Youth Services

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The U.S. Supreme Court recently weighed in on the contentious issue of reverse discrimination under Title VII of the Civil Rights Act of 1964, which bars disparate treatment of employees on the basis of race, color, religion,...more

Morrison & Foerster LLP - Government...

GAO Reaffirms Agencies’ Discretion to Award Sole-Source SBIR Phase III Contracts (Even to a Successor-in-Interest)

The Small Business Innovation Research program (SBIR) is a successful initiative that increases the participation of small business concerns in federally funded research and development. Awards under Phases I and II of the...more

Hogan Lovells

Seven County Infrastructure Coalition v. Eagle County decision summary

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In Seven County Infrastructure Coalition v. Eagle County, the Supreme Court fundamentally altered the nature of judicial review of agency decisions involving Environmental Impact Statements (EISs) under the National...more

Vedder Price

New Jersey SLAPPs Back: New Jersey Court of Appeals Eradicates Anti-SLAPP Loophole

Vedder Price on

On May 29, 2025, the New Jersey Court of Appeals reversed dismissal in Satz v. Starr, No. A-2785-23, 2025 WL 1522032 (N.J. Super. Ct. App. Div. May 29, 2025), holding that the plaintiff’s voluntary dismissal of his claims did...more

WilmerHale

Supreme Court Decision in Seven County Advances Permitting Reform

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In a much-anticipated decision, the U.S. Supreme Court made a major “course correction” to the law governing federal environmental reviews and permitting decisions for infrastructure and other projects under the National...more

Dorsey & Whitney LLP

The Supreme Court Update - June 9, 2025

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On June 6, 2025, the Supreme Court of the United States granted certiorari in four cases: Coney Island Auto Parts Unlimited, Inc. v. Burton, No. 24-808: This case concerns the applicability of the “reasonable time”...more

Fitch, Even, Tabin & Flannery LLP

Priority Denied, Patent Derailed: When One Filing Cancels Out the Other

On April 22, 2025, the Federal Circuit issued a decision In re: Bonnie Iris McDonald Floyd that underscores a critical and often overlooked risk in design patent prosecution: relying on a utility patent application for...more

Foley & Lardner LLP

Pride and Prejudice: Federal Court in Texas Vacates Portions of the EEOC’s Workplace Guidance Protecting LGBTQ+ Employees

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On May 15, 2025, the U.S. District Court for the Northern District of Texas issued a significant ruling in State of Texas v. Equal Employment Opportunity Commission (No. 2:24-cv-00173), declaring that the EEOC’s 2024 Guidance...more

Brownstein Hyatt Farber Schreck

Most-Favored-Nation Drug Pricing in the U.S.

On May 12, President Trump issued an Executive Order (EO) on drug pricing: “Delivering Most-Favored-Nation Prescription Drug Pricing to American Patients.” The EO requires a 30-day government negotiation with drug companies...more

Saul Ewing LLP

The Friday Five: Five ERISA Litigation Highlights - June 2025

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This month’s Friday Five examines recent court rulings on both short- and long-term disability benefits, focusing on key interpretations—including how "earnings" are defined under an employer’s plan....more

FordHarrison

Texas Federal Court Vacates Portions of EEOC's 2024 Title VII Guidance on Gender Identity

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The U.S. District Court for the Northern District of Texas recently issued a ruling vacating the “gender-identity related portions” of the Equal Employment Opportunity Commission’s (EEOC’s) 2024 Guidance interpreting Title...more

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