Missing the deadline to file a notice of appeal has severe consequences. A late notice of appeal in a civil case deprives the United States Court of Appeals of jurisdiction, meaning no appeal can take place. In the event a...more
To resolve longstanding confusion over the scope of foreign countries' sovereign immunity in U.S. courts, Congress in 1976 passed the Foreign Sovereign Immunity Act ("FSIA"). The FSIA draws a bright line: "foreign states and...more
6/13/2025
/ Appeals ,
Breach of Contract ,
Due Process ,
Fifth Amendment ,
Foreign Sovereign Immunities Act of 1976 (FSIA) ,
Jurisdiction ,
Litigation Strategies ,
Personal Jurisdiction ,
Service of Process ,
Sovereign Immunity ,
Statutory Immunity
The U.S. Supreme Court's October 2022 term began with a bang: a new Justice on the bench, the public back in the courtroom for the first time since the pandemic - and two hours of argument about the scope of federal...more
When Boechler v. Commissioner was argued, I wrote about how the statute in the case presented several grammar and usage quandaries. Now, the Supreme Court has unanimously agreed: The statute's text is a mess....more
On January 24, 2022, the U.S. Supreme Court granted certiorari on a fundamental environmental law question that has lingered for several decades - what is the appropriate definition of "waters of the United States" (WOTUS) in...more
1/28/2022
/ Certiorari ,
Clean Water Act ,
Environmental Protection Agency (EPA) ,
Jurisdiction ,
Permits ,
Rapanos v US ,
Sackett ,
SCOTUS ,
Section 404 ,
Significant Nexus Test ,
US Army Corps of Engineers ,
Waters of the United States
Sometimes, yes. At least that’s one takeaway from the argument in a recent U.S. Supreme Court case, Boechler, P.C. v. Commissioner of Internal Revenue. ...more