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Goulston & Storrs PC

This Court Case May Alter the Rights of Drone Pilots Nationwide...and Nobody has Noticed

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The Supreme Court may be about to accept an appeal with enormous potential to decide the airspace rights of drones in the United States, and nobody in the drone community seems to have noticed. Cases concerning drone flights...more

Littler

High Court Eliminates “Background Circumstances” as a Requirement in “Reverse Discrimination” Cases

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On June 5, 2025, the Supreme Court in Ames v. Ohio Department of Youth Services unanimously struck down the Sixth Circuit’s “background circumstances” rule, which had required majority-group plaintiffs to meet a heightened...more

Clark Hill PLC

In the Zone: Third Circuit Clarifies Reach of Title IX

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On May 29, 2025, in Oldham v. Pa. State University, the Third Circuit Court of Appeals held that the “zone of interest” test applies to Title IX claims. See No. 22-2056, 2025 WL 1524452 (3d Cir. 2025). The plaintiff, Jennifer...more

Pillsbury - Global Trade & Sanctions Law

Two Federal Courts Invalidate “Reciprocal” and Other Emergency Tariffs, But Relief Paused Pending Appeal

In a landmark decision, the U.S. Court of International Trade (CIT) has ruled against President Trump’s imposition of tariffs under the International Emergency Economic Powers Act (IEEPA). In its decision (involving two...more

Saul Ewing LLP

Supreme Court Removes Extra Hurdle for Reverse Discrimination Claims

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On June 5th, the U.S. Supreme Court issued a decision making it easier for employees to prove claims of so-called “reverse” discrimination (i.e., suits brought by a member of a majority group alleging to have been treated...more

Bradley Arant Boult Cummings LLP

Bidders Beware! Design-Builders Are at Risk Not Only for Defective Design Documents, But Possibly for Defective Bidding Documents,...

Historically, the Boards of Contract Appeals and Courts have reviewed design-builders’ reliance on government-provided conceptual drawings or bridging documents in support of constructive change claims under a reasonableness...more

DLA Piper

The Federal Circuit Widens The ITC as a Venue for Life Sciences

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Federal Circuit reshapes foundational requirements for viability of a case in the ITC - Pharmaceutical and life sciences companies have historically been rare participants before the International Trade Commission (ITC) – in...more

Payne & Fears

SCOTUS Eases the Standard for Reverse Discrimination Claims Under Title VII

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Today, in Ames v. Ohio Department of Youth Services, the Supreme Court unanimously held that in order to establish a prima facie case of discrimination under Title VII, a plaintiff who is a member of a majority group does not...more

McNees Wallace & Nurick LLC

Supreme Court Issues Ruling in Ames ‘Reverse Discrimination’ Case

On June 5, 2025, the Supreme Court issued its opinion in Ames v. Ohio Department of Youth Services in which the Plaintiff alleged reverse discrimination based on sexual orientation. Marlean Ames was hired in 2004 as an...more

Venable LLP

Federal Circuit Affirms PTAB’s Unpatentability Findings in Gene Therapy Hemgenix® IPRs

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On May 22, 2025, the CAFC affirmed the PTAB’s (Board) Final Written Decisions in Pfizer’s IPR2021-00925 and IPR2021-00926 finding all challenged claims of uniQure’s U.S. Patent No. 9,982,248 (“the ’248 patent”) unpatentable...more

McAfee & Taft

Reverse discrimination claims boosted by Supreme Court

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Just today, the U.S. Supreme Court resolved a contentious disagreement between courts regarding the burden of proof required to bring a disparate treatment claim under Title VII.  While the majority of appeals courts in the...more

Akin Gump Strauss Hauer & Feld LLP

No Appeal of LDT Decision Means Ball Is Back in FDA’s Court for Policy Clarification

Over the weekend, the Department of Justice (DOJ) did not file an appeal of the U.S. District Court for the Eastern District of Texas’ decision to vacate and set aside the agency’s final rule on the regulation of laboratory...more

Jackson Walker

Fifth Circuit Criminal Opinions: Insights and Analyses Part III

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Hello again. Below are summaries from a variety of published Fifth Circuit cases from April 2025, along with a late addition from March. One benefit of releasing the April summaries in early June is that you get the Federal...more

Fish & Richardson

Federal Circuit Reverses Injunction That Barred Clinical Trials in Jazz v. Avadel

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The Federal Circuit recently considered the scope of a permanent injunction that prohibited a drug manufacturer from conducting certain clinical and regulatory activities in Jazz Pharmaceuticals, Inc. v. Avadel CNS...more

Haug Partners LLP

License to Exclude? Federal Circuit Emphasizes Need for Reliability of Patent Damages Experts in EcoFactor Inc. v. Google LLC

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On May 21, 2025, in an en banc decision, the U.S. Court of Appeals for the Federal Circuit vacated its earlier panel ruling and remanded the case of EcoFactor Inc. v. Google LLC for further proceedings. The court focused on...more

Blake, Cassels & Graydon LLP

SCC Finds Quebec Law Inapplicable to Federal Undertakings Under Interjurisdictional Immunity Doctrine

In Opsis Airport Services Inc. v. Quebec (Attorney General) (Opsis), the Supreme Court of Canada (SCC) affirmed that the doctrine of interjurisdictional immunity (IJI) remains an essential feature of Canada’s federal...more

Cooley LLP

Soroban: An Update After US Tax Court Ruling

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On May 28, 2025, the US Tax Court ruled that investment manager limited partners in Soroban Capital Partners were active limited partners and, as such, were ineligible for the limited partner exception to self-employment...more

Morgan Lewis

Courts Invalidate President’s IEEPA Tariffs, But Stays Keep Duties on Imports—for Now

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The US Court of International Trade and the US District Court for the District of Columbia have invalidated President Donald Trump’s actions imposing tariffs pursuant to the International Emergency Economic Powers Act of...more

Kilpatrick

The Ninth Circuit Rejects Plaintiffs’ Challenge to 401(k) Investments in Private Equity

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On May 22, 2025, the Ninth Circuit affirmed a district court’s decision to reject a class action lawsuit brought against fiduciaries of Intel defined contribution retirement plans that challenged the plan managers’ decision...more

Miller Starr Regalia

Third District Holds County Could Require Supplemental Environmental Information From Grading Permit Applicant As Condition of...

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Like a gift to land use lawyers that never stops giving, the strange and wondrous interrelationship between CEQA and the Permit Streamlining Act (“PSA”; Gov. Code, § 65920 et seq) continues to inspire litigation and require...more

WilmerHale

What You Need to Know About the Federal Court Decisions Threatening the Trump Administration’s Tariff Agenda

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Last week, two federal courts struck down sweeping tariffs that the Trump Administration had recently imposed under the International Emergency Economic Powers Act (IEEPA). ...more

Seyfarth Shaw LLP

Supreme Court Rejects Heightened Prima Facie “Background Circumstances” Test for Majority Group Plaintiffs

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In a unanimous decision, the Supreme Court vacated the dismissal of a heterosexual woman’s Title VII claims, concluding that she was improperly subjected to a heightened prima facie standard that required her to show...more

Kaufman & Canoles

Key Takeaways from the NASCAR Antitrust Lawsuit and Today’s Ruling from the U.S. Court of Appeals

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Two NASCAR Cup Series race teams, 23XI Racing, an organization co-owned by basketball star Michael Jordan, and Front Row Motorsports, are engaged in litigation against NASCAR regarding claims of antitrust violations against...more

Seyfarth Shaw LLP

The Week in Weed: June 2025

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Welcome back to The Week in Weed, your Friday look at what’s happening in the world of legalized marijuana. This week, Texas is the center of gravity in the hemp world. The First Circuit rules against cannabis businesses. ...more

Troutman Pepper Locke

Fifth Circuit Finds ANR Pipeline’s Tariff Does Not Require Simultaneous Delivery for Short-Notice Shipments

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On May 22, 2025, the U.S. Court of Appeals for the Fifth Circuit (“Fifth Circuit”) addressed a dispute between ANR Pipeline Company (“ANR”) and FERC. The case centered on the interpretation of ANR’s tariff and whether it...more

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