On June 27, 2025, the U.S. Supreme Court held in a 6-3 decision in Trump v. CASA, Inc. that federal courts lack the authority to issue universal injunctions under the Judiciary Act of 1789. In so ruling, the Court granted the...more
6/30/2025
/ Administrative Procedure Act ,
Class Action ,
Executive Orders ,
Injunctive Relief ,
Judicial Authority ,
Litigation Strategies ,
Preliminary Injunctions ,
SCOTUS ,
Statutory Interpretation ,
Stays ,
Trump Administration ,
Trump v CASA
On June 16, 2025, the Supreme Court granted certiorari in a case from the Third Circuit regarding the availability of a federal forum to raise constitutional challenges to a subpoena issued by a state attorney general....more
On Monday, June 16, 2025, the U.S. Supreme Court granted certiorari in Chevron U.S.A. Inc. v. Plaquemines Parish, a case about the extent to which federal contractors can remove lawsuits to federal court under the federal...more
6/24/2025
/ Appeals ,
Appellate Courts ,
Certiorari ,
Chevron ,
Contract Disputes ,
Energy Sector ,
Federal Contractors ,
Jurisdiction ,
Officer Removal ,
Oil & Gas ,
Removal ,
SCOTUS ,
Statutory Interpretation
In 2024, U.S. courts issued consequential decisions in cases brought against foreign states and their agencies and instrumentalities under the Foreign Sovereign Immunities Act (“FSIA”). This alert summarizes key decisions in...more
3/19/2025
/ Arbitration ,
Enforcement Actions ,
Expropriation ,
Foreign Relations ,
Foreign Sovereign Immunities Act of 1976 (FSIA) ,
Foreign Sovereigns ,
International Arbitration ,
Jurisdiction ,
National Security ,
Popular ,
SCOTUS
Last week, the Supreme Court issued a unanimous decision in Republic of Hungary v. Simon, a case concerning the scope of immunity under the Foreign Sovereign Immunities Act’s (FSIA) expropriation exception....more
On February 21, 2025, the Supreme Court unanimously held that requests for reimbursement from a privately administered fund qualified as “claims” under the False Claims Act (FCA) because the government “provide[d]” a...more
A new petition for certiorari filed by the United States urges the Supreme Court to stop lower courts from ordering “universal” preliminary relief under the Administrative Procedure Act (APA). In recent years, the federal...more
On Oct. 4, the U.S. Supreme Court granted certiorari in CC/Devas Ltd. v. Antrix Corp. Ltd. to decide whether either the Foreign Sovereign Immunities Act or the U.S. Constitution requires plaintiffs to establish personal...more
On June 1, 2023, the Supreme Court decided a pair of closely watched False Claims Act (FCA) cases, U.S. ex rel. Schutte v. SuperValu Inc., No. 21-1326, and U.S. ex rel. Proctor v. Safeway, Inc., No. 22-111....more
6/5/2023
/ Drug Pricing ,
False Claims Act (FCA) ,
Materiality ,
Medicaid ,
Medicare ,
Misrepresentation ,
Objective Falsity ,
Pharmacies ,
Prescription Drugs ,
Safeco Insurance Co of America v Burr ,
Scienter ,
SCOTUS ,
Subjective Standard ,
Universal Health Services Inc v United States ex rel Escobar ,
US ex rel Thomas Proctor v Safeway Inc ,
US ex rel Tracy Schutte et al v SuperValu Inc et al
On January 13, 2023, the Supreme Court granted certiorari in a pair of consolidated cases from the Seventh Circuit that could result in one of the most consequential False Claims Act (FCA) decisions since the FCA was amended...more
The Clean Power Plan is a program developed by the Environmental Protection Agency to reduce greenhouse gas emissions by forcing electric power generation to shift from coal-fired plants to renewable sources, such as wind and...more
7/12/2022
/ Chevron Deference ,
Clean Air Act ,
Clean Power Plan ,
Climate Change ,
Environmental Protection Agency (EPA) ,
Greenhouse Gas Emissions ,
Power Plants ,
Regulatory Authority ,
Regulatory History ,
SCOTUS ,
West Virginia v EPA
Participants in administrative proceedings are routinely cautioned to raise, or "exhaust," all issues with the agency to avoid being barred from later raising those issues in court. But whether a court will require issue...more
In a decision issued June 17, the US Supreme Court further limited the ability of plaintiffs to seek redress in US courts for human rights abuses that occur overseas, but did not go as far in restricting those suits as some...more
On April 1, 2021, in Federal Communications Commission v. Prometheus Radio Project, the Supreme Court unanimously held that a decision by the Federal Communications Commission (FCC) to repeal or modify three ownership rules...more
On June 26, 2019, the US Supreme Court issued a decision in Kisor v. Wilkie. The question presented in Kisor was whether to overrule the Court’s prior decisions in Auer v. Robbins, 519 U.S. 452 (1997), and Bowles v. Seminole...more
6/28/2019
/ Administrative Agencies ,
Ambiguous ,
Appeals ,
Auer Deference ,
Denial of Benefits ,
Judicial Review ,
Kisor v Wilkie ,
Reasonable Interpretations ,
Retroactive Application ,
SCOTUS ,
Veterans' Benefits
In a unanimous decision, the U.S. Supreme Court recently upheld the “implied certification” theory of liability under the False Claims Act, while emphasizing that only material misrepresentations are actionable. In this...more
In Universal Health Services v. United States ex rel. Escobar, the Supreme Court today unanimously upheld the “implied certification” theory of liability under the False Claims Act (FCA), while emphasizing that only material...more
On June 25, 2015, the US Supreme Court issued a decision in Texas Department of Housing and Community Affairs v. The Inclusive Communities Project, holding that disparate-impact claims are cognizable under the Fair Housing...more
The U.S. Supreme Court recently resolved two important questions under the False Claims Act (FCA), holding that (1) the Wartime Suspension of Limitations Act (WSLA), 18 U.S.C. § 3287, applies only to criminal cases, and (2)...more