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Appeals Constitutional Challenges First Amendment

ArentFox Schiff

Investigations Newsletter: Johnson & Johnson Challenges the Constitutionality of FCA $1.6 Billion Verdict

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Johnson & Johnson Challenges the Constitutionality of FCA $1.6 Billion Verdict - Following a record $1.6 billion jury verdict for off-label promotion of HIV drugs Prezista and Intelence, Johnson & Johnson (J&J) subsidiary...more

Troutman Pepper Locke

Solicitors General Insights: The Tale of Two Washingtons — Regulatory Oversight Podcast

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In this episode of our special Regulatory Oversight: Solicitors General Insights series, Jeff Johnson is joined by District of Columbia Solicitor General Caroline Van Zile and Washington Solicitor General Noah Purcell to...more

Carlton Fields

Florida Appeals Court Decisions Week of June 30 - July 3, 2025

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U.S. Eleventh Circuit Court of Appeals - Lamonaco v. Experian - arbitration - Labriola v. Miami-Dade - employment, First Amendment - Wood v. Fla DOE - school, transgender, § 1000.071, First Amendment - USA v....more

Dorsey & Whitney LLP

The Supreme Court Update - July 3, 2025

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The Supreme Court of the United States granted certiorari in five cases today: Little v. Hecox; West Virginia v. B.P.J., Nos. 24-38, 24-43: These two cases will address whether states may prohibit transgender women and...more

WilmerHale

Supreme Court To Decide Significant Case On When To Bring Constitutional Challenge Against State Attorney General In Federal Court

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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

Troutman Pepper Locke

Court of Appeals Blocks Texas AG From Enforcing Pre-Litigation Subpoena

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The U.S. Court of Appeals for the District of Columbia recently enjoined Texas Attorney General (AG) Ken Paxton from enforcing a pre-litigation subpoena issued to Media Matters for America (Media Matters). The subpoena is...more

Sheppard Mullin Richter & Hampton LLP

Trial Court Strikes Down California’s Prop 65 Acrylamide Warning Requirements

A Federal District Court in California has ruled that Proposition 65 warning requirements for dietary acrylamide are unconstitutional. The California Chamber of Commerce (“CalChamber”) sued five years ago challenging the...more

Proskauer - Labor Relations Update

Oregon’s Cannabis Labor Peace Law Struck Down

On May 20, 2025, a federal district court in Oregon issued a landmark decision invalidating Measure 119, also known as the United for Cannabis Workers Act. This law, approved by Oregon voters in November 2024 and effective as...more

Littler

Littler Lightbulb – May Employment Appellate Roundup

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Fourth Circuit Dismisses White Employee’s Race, Gender, and Retaliation Claims - Barnhill v. Pamela Bondi, __ F.4th __ (4th Cir. May 15, 2025) involved claims by a white Department of Justice Drug Enforcement Administration...more

Amundsen Davis LLC

U.S. Supreme Court Upholds Catholic Charity’s Religious Exemption From Wisconsin Unemployment Tax

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In a 9-0 decision authored by Justice Sonia Sotomayor, the U.S. Supreme Court overturned a ruling by the Wisconsin Supreme Court, which held that Catholic Charities Bureau Inc. (the “Charities) and its subsidiaries were not...more

Rumberger | Kirk

Supreme Court Denies First Religious Charter School, Leaves Question Over Constitutionality Unresolved

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On May 22, 2025, the United States Supreme Court issued a one-sentence order affirming the judgment of the Oklahoma Supreme Court in the consolidated cases of Oklahoma Statewide Charter School Board v. Drummond, and St....more

Dorsey & Whitney LLP

The Supreme Court Update - May 23, 2025

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On Thursday, May 22, the Supreme Court of the United States issued two decisions: Kousisis v. United States, No. 23-909: This case addresses the elements of the federal wire fraud statute, 18 U.S.C. § 1343....more

Kelley Drye & Warren LLP

Multistate Coalition Files Amicus Brief in Support of Anti-Doxing Law

This week, a bipartisan group of 42 attorneys general filed an amicus brief asking the U.S. Court of Appeals for the Third Circuit to uphold Daniel’s Law, a New Jersey statute enacted to protect public servants from ​“doxing”...more

Cozen O'Connor

Democratic AGs Author Amicus Supporting Anti-DEI EO Challenge

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A group of 18 Democratic AGs filed an amicus brief with the U.S. Court of Appeals for the Fourth Circuit supporting a trade organization’s lawsuit challenging anti-diversity, equity & inclusion (DEI) Executive Orders (EOs)....more

Greenberg Glusker LLP

Judicial Burn: Court Declares Proposition 65 Acrylamide Warning Unconstitutional

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Acrylamide, a Proposition 65-listed substance that naturally forms in the cooking and heating of many plant-based foods, has been the focus of court action over the past six years. However, companies will no longer be...more

Farella Braun + Martel LLP

District Court Issues Permanent Injunction Enjoining Enforcement of Prop 65 Warning Requirements for Dietary Acrylamide

On May 2, 2025, the Eastern District of California found that Prop 65 warning requirements for dietary acrylamide violate the First Amendment, and granted a permanent injunction enjoining enforcement of those warnings....more

Arnall Golden Gregory LLP

The DEI Battle Continues: District Court Denies Motion to Dissolve Preliminary Injunction

On May 1, 2025, the latest development unfolded in the ongoing battle between the Trump administration and certain trade groups challenging the validity of the president’s executive orders on diversity, equity, and inclusion...more

Pietragallo Gordon Alfano Bosick & Raspanti,...

Losing My Religion? 8th Circuit Finds that Freedom of Religion is Not a Justification for Employee Conduct

The past few decades have seen a Supreme Court receptive to claims brought on the basis of freedom of religion. For example, in Burwell v. Hobby Lobby Stores, Inc. (June 2014), the Supreme Court ruled that the Affordable Care...more

Orrick, Herrington & Sutcliffe LLP

District court receives joint parties’ counter to amicus brief in redlining case

On April 15, the CFPB filed a joint brief urging the U.S. District Court for the Northern District of Illinois to vacate a judgment and consent decree in a case involving alleged redlining practices by a financial company....more

Allen Matkins

Ninth Circuit Upholds DFPI's Commercial Financing Disclosure Rules

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On September 30, 2018, California enacted SB 1235, codified at California Financial Codes sections 22800–22805. SB 1235 requires that an offer of commercial financing for $500,000 or less be accompanied by disclosures of: (1)...more

Fenwick & West LLP

Trump’s DEI Executive Orders Hit Another Judicial Roadblock

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On Tuesday, April 15, 2025, Judge Matthew Kennelly of the U.S. District Court for the Northern District of Illinois granted a motion for preliminary injunction barring the U.S. Department of Labor from enforcing the...more

Husch Blackwell LLP

State-By-State Guide to Ag-Gag Legislation - April 7 2025

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Several states have made attempts to provide the animal production industry protection against unlawful interference by enacting so-called Ag-Gag laws. A wave of litigation is challenging these laws as unconstitutional,...more

Husch Blackwell LLP

Federal Judge Upholds Iowa Ag-Gag Law in Constitutional Challenge

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On March 19, 2025, U.S. District Court Judge Stephanie Rose of the Southern District of Iowa determined that Iowa Code § 727.8A—a law passed in 2021 that prohibits unauthorized access to private property in order to record...more

Jones Day

Constitutional Challenges to Inflation Reduction Act Head to Courts of Appeals

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No legislation has garnered more attention in the life sciences industry in recent past than the so-called Drug Price Negotiation Program of the Inflation Reduction Act (the "Program"). ...more

Hahn Loeser & Parks LLP

U.S. District Court Judge Temporarily Blocks Department of Labor from Enforcing Certain Provisions of DEI-Related Executive Orders

On March 27, 2025, Judge Matthew Kennelly of the U.S. District Court for the Northern District of Illinois issued a temporary restraining order blocking the Department of Labor from enforcing certain provisions of Executive...more

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