A recently issued decision by the Eleventh Circuit may open the door for additional direction from the U.S. Supreme Court regarding the scope of the Second Amendment. In National Rifle Association v. Bondi, the Eleventh...more
5/23/2025
/ Age Discrimination ,
Appeals ,
Appellate Courts ,
Constitutional Challenges ,
Eleventh Amendment ,
Firearms ,
Florida ,
Gun Laws ,
Judicial Authority ,
Second Amendment ,
Statutory Interpretation
In April 2025, the U.S. Court of Appeals for the First Circuit decided Capen v. Campbell, a case arising from a challenge to Massachusetts’ ban on assault weapons and large-capacity magazines. The court affirmed a district...more
Introduction A divided Ninth Circuit panel ruled that Hawaii cannot enforce laws that (1) allow acquisition of a handgun only within 30 days of obtaining the necessary permit and (2) require physical inspection of a firearm...more
In a significant ruling, the Supreme Court affirmed the authority of the Bureau of Alcohol, Tobacco, Firearms, and Explosives (ATF) to regulate weapon parts kits and unfinished frames or receivers as “firearms” under the Gun...more
4/23/2025
/ Administrative Procedure Act ,
ATF ,
Certiorari ,
Dissenting Opinions ,
Firearms ,
Gun Laws ,
Judicial Authority ,
Regulatory Authority ,
SCOTUS ,
Second Amendment ,
Statutory Interpretation
On February 7, 2025, President Trump issued an executive order directing the Attorney General to review and propose actions to address the right to keep and bear arms, which he called “an indispensable safeguard of security...more
On January 30, 2025, the U.S. Court of Appeals for the Fifth Circuit issued a landmark opinion in Reese v. Bureau of Alcohol, Tobacco, Firearms, and Explosives (ATF), holding that 18 U.S.C. §§ 922(b)(1) and (c)(1), which...more
2/6/2025
/ Appeals ,
Article III ,
ATF ,
Constitutional Challenges ,
Due Process ,
Equal Protection ,
Firearms ,
Gun Laws ,
SCOTUS ,
Second Amendment ,
Standing ,
Summary Judgment ,
United States v Rahimi
The Supreme Court ruled on January 15, 2025, that if a plaintiff amends a complaint to remove federal claims after a case has been removed to federal court, the federal court loses its jurisdiction over the remaining...more
The U.S. Court of Appeals for the Ninth Circuit has affirmed the dismissal of a lawsuit brought by Project Veritas, a conservative activist group that engages in undercover journalism, challenging the constitutionality of an...more
1/16/2025
/ Appellate Courts ,
Audio Recording ,
Constitutional Challenges ,
Data Privacy ,
Dismissals ,
Dissenting Opinions ,
En Banc Review ,
First Amendment ,
Journalism ,
Oregon ,
Privacy Laws ,
State Privacy Laws
Welcome to the fall 2017 edition of our Under Construction newsletter. We hope your summer has left you relaxed and refreshed to make the final push to successfully finish out the remainder of the year.
In this issue, we...more
9/7/2017
/ Attorney's Fees ,
Breach of Warranty ,
Change Orders ,
Construction Contracts ,
Construction Industry ,
Construction Project ,
Contract Terms ,
Delays ,
Implied Warranties ,
Jurisdiction ,
Non-Signatories
In a unanimous decision, the U.S. Supreme Court recently held that retailers engage in protected speech when they communicate their prices to customers. Specifically, the Court addressed communication regarding differential...more