Appeals, Appellate Courts, Judicial Review

SJC Confines Zoning Standing Analysis To Actual Proposed Use; Speculation As To Future Uses Is Irrelevant

Pierce Atwood LLP on 8/6/2025

Last week, the Massachusetts Supreme Judicial Court (SJC) reversed an Appeals Court panel in a strongly-worded decision concerning abutter standing to appeal a zoning decision, Stone v. Zoning Bd. of Appeals of Northborough...more

Solar Panel Array/Siting: New Hampshire Supreme Court Applies State Solar Development Statute

Mitchell, Williams, Selig, Gates & Woodyard,... on 7/31/2025

The Supreme Court of New Hampshire (“Court”) addressed in April 9, 2024 Opinion issues arising out of the installation of a solar array. See Mojalaki Holdings, LLC. v. City of Franklin, 2024 N.H. 17, 2024 WL 1514612 (N.H....more

PTO Defends its Recent Policy Changes Regarding Discretionary Denials

Proskauer - The Patent Playbook on 7/25/2025

In the past few months, the U.S. Patent and Trademark Office (“PTO”) Acting Director has made substantial changes to the process for, and factors considered in, exercising discretion to deny institution of an inter partes...more

Are North Carolina Court of Appeals Judges Dissenting Less?

Fox Rothschild LLP on 7/9/2025

Until recently, a single judge sitting on a panel of the North Carolina Court of Appeals could tee up an issue for the Supreme Court of North Carolina simply by filing a dissenting opinion. N.C. Gen. Stat. § 7A-30(2) allowed...more

Supreme Court sets new rules for Clean Air Act lawsuits

Hogan Lovells on 7/1/2025

In Environmental Protection Agency v. Calumet Shreveport Refining, L.L.C., the Supreme Court set out the test for determining the proper venue for judicial review of EPA actions under the Clean Air Act (CAA). Challenges to...more

A SHARP DISSENT: A Review Of The Dissent’s Take On The Supreme Court’s Ruling In McLaughlin.

Troutman Amin LLP on 6/30/2025

In McLaughlin Chiropractic Assocs., Inc. v. McKesson Corp., No. 23-1226, 2025 WL 1716136 (U.S. June 20, 2025), the Supreme Court determined that the Hobbs Act does not bind district courts in civil enforcement proceedings to...more

Ruling Shows High Court Willing To Limit Immigration Review

WilmerHale on 1/28/2025

In the last five years, the U.S. Supreme Court has decided several cases involving the limits on federal appellate review of immigration agency decisions, turning out an average of a decision per year. Originally published...more

“Fully Reviewable On Appeal”? Huh?

Fox Rothschild LLP on 12/6/2023

I’ve spent a fair amount of time over the last few months working on the examination recently administered to those seeking to become North Carolina State Bar Board Certified Specialists in Appellate Practice. During my...more

The Class Action Chronicle - November 2023

Skadden, Arps, Slate, Meagher & Flom LLP on 12/1/2023

Fourth Circuit Holds That Class Action Waiver Issue Must Be Decided Before Certification and Questions Narrow Issue Classes - In In re Marriott International, Inc., 78 F.4th 677 (4th Cir. 2023), a panel of the U.S. Court...more

Issues Becoming Moot on Appeal

Dickinson Wright on 4/27/2023

Although appellate courts are generally obligated to address the issues that are properly brought before them, that is not the case when it comes to issues that have been rendered moot by subsequent developments—either in the...more

Considerations for Large Employers Caught in the Middle of the OSHA ETS Litigation

Laner Muchin, Ltd. on 11/22/2021

On November 5, 2021, the highly anticipated OSHA COVID-19 Vaccination and Testing Emergency Temporary Standard (ETS) was issued. One day later, November 6, 2021, the U.S. Court of Appeals for the Fifth Circuit temporarily...more

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