News & Analysis as of

Unconstitutional Condition Supreme Court of the United States Appeals

Bradley Arant Boult Cummings LLP

George Washington’s Whisky Distillery, 21st Century Edition

You might think the laws of King Edward I of England (1239-1307), George Washington’s whisky distillery, and an 1807 “Treatise on the Law of Idiocy and Lunacy” have little to do with the federal criminal code of 2024. And you...more

Best Best & Krieger LLP

One U.S. Court of Appeals Declares Universal Service Fund Unconstitutional—But Impact of Decision Awaits Further Legal Review

Pending decision could have significant impact on schools, libraries and consumers that rely on the programs funded by the USF - Although the impact will not likely be immediate, and it may be further changed on appeal, on...more

Flaster Greenberg PC

Constitutional Challenges to the Corporate Transparency Act

Flaster Greenberg PC on

The federal Corporate Transparency Act (CTA), which went into effect on January 1st of this year, is currently the subject of a constitutional challenge. The link to our prior alert regarding the CTA can be found here....more

White and Williams LLP

First Circuit Holds That Notice Provisions in Claims Made Policies Must Be Strictly Enforced

White and Williams LLP on

In President & Fellows of Harvard College v. Zurich Am. Ins. Co., the United States Court of Appeals for the First Circuit ruled that Harvard was not entitled to coverage under an excess claims-made and reported policy issued...more

Mintz

This is no way to run a railroad or make environmental law. EPA's most recent definition of Waters of the United States heads to...

Mintz on

Everyone expected that EPA's eighth attempt to define the reach of the Federal Clean Water Act would end up in court. I have to admit that I was a bit surprised that two groups of plaintiffs filed their lengthy complaints...more

McDermott Will & Emery

Supreme Court Tackles Tax-Related Cases

McDermott Will & Emery on

The United States Supreme Court has picked up the pace this week, already issuing eight regular opinions and four opinions relating to orders as of today. We discuss the tax-related items here. In Rodriguez v. FDIC, the...more

Genova Burns LLC

Uncertain Fate of Affordable Care Act and 2017 Rules Creating New Exemptions to ACA’s Contraception Coverage Requirements; New...

Genova Burns LLC on

On December 18, 2019 the U.S. Court of Appeals for the Fifth Circuit, in a 2-1 decision which the court revised on January 9, declared the Affordable Care Act’s (ACA’s) individual health insurance mandate unconstitutional as...more

Goodwin

TCPA’s Constitutionality Under the First Amendment Poised For Supreme Court Intervention

Goodwin on

On December 2, 2019, the United States government submitted a brief to the Supreme Court urging it to deny review of a Ninth Circuit Court of Appeals ruling holding a provision of the Telephone Consumer Protection Act (TCPA)...more

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