News & Analysis as of

Appellate Courts › Government Agencies

Constangy, Brooks, Smith & Prophete, LLP

Bad news for Wilcox? Removal protections for NLRB members, ALJs are “likely” unconstitutional, appeals court finds

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A three-judge panel of the U.S. Court of Appeals for the Fifth Circuit has upheld three orders that bar the National Labor Relations Board from pursuing unfair labor practice cases against SpaceX and two other employers. ...more

K&L Gates LLP

Litigation Minute: A Year After Loper Bright: Lessons From a Legal Shake-Up

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What You Need to Know in a Minute or Less - In Loper Bright Enterprises v. Raimondo, the US Supreme Court overturned the 40-year-old doctrine established in Chevron U.S.A., Inc. v. Natural Resources Defense Council, Inc.,...more

Sheppard Mullin Richter & Hampton LLP

D.C. Circuit Clears Path for CFPB Layoffs

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On August 15, the U.S. Court of Appeals for the D.C. Circuit reversed a lower court decision that had temporarily blocked mass layoffs at the CFPB. The case arose after the National Treasury Employees Union (NTEU) challenged...more

Downey Brand LLP

California Supreme Court Overrules Chevron-like Deference For Review of Decisions of California Public Utilities Commission

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On August 7, 2025, the California Supreme Court issued its decision in Center For Biological Diversity v. California Public Utilities Commission. The decision reversed the decision of a lower appellate court which had...more

Sterne, Kessler, Goldstein & Fox P.L.L.C.

IP Hot Topic: Federal Circuit Leaves Open Questions Regarding Jurisdiction of Sanction Decisions

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In an April IP Hot Topic, we noted that the Federal Circuit left open in RealTek Semiconductor Corp. v. ITC, Appeal, No. 23-1095 (March 18, 2025) the question whether a petitioner may avoid sanctions by simply terminating an...more

Clark Hill PLC

CGIA interlocutory appeal timing: Colorado Court of Appeals gives plaintiffs strategic choice

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On July 31, the Colorado Court of Appeals clarified an important procedural question for plaintiffs challenging governmental immunity rulings under the Colorado Governmental Immunity Act (CGIA). In Smith v. City and County of...more

Proskauer - The Patent Playbook

PTO Defends its Recent Policy Changes Regarding Discretionary Denials

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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

Snell & Wilmer

Arizona Court of Appeals “Updates the Handbook” on Judicial Review of Agency Action

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When operating a business, it is nearly impossible not to have to interact with state or other local government agencies. Decisions regarding permits, licenses, government contracts, workforce compliance, environmental...more

Orrick, Herrington & Sutcliffe LLP

D.C. Circuit to decide whether to stay district court Judge Jackson’s injunction in CFPB union case

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As previously covered by this Orrick Insight, the U.S. District Court for the District of Columbia on March 28 enjoined the CFPB from “eliminat[ing] the agency before the Court has the opportunity to decide whether the law...more

Bradley Arant Boult Cummings LLP

We Never Know How High We Are Until We Are Called to Rise: Protecting Alabama’s Medical Cannabis Program

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There’s a great scene in the movie Wall Street when the up-and-coming Charlie Sheen (pre-Tiger Blood and now that I think about it maybe the precursor to the “winning!” mantra that seems to resonate today) is playing the role...more

McDermott Will & Schulte

An Odyssey of Timeliness: Appointments Clause Arguments Must Be Preserved

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Citing forfeiture, the US Court of Appeals for the Federal Circuit upheld the dismissal of a complaint against the US Patent & Trademark Office (PTO). The complaint sought director review of a 2018 Patent Trial & Appeal Board...more

McGuireWoods LLP

D.C. Circuit Prohibits Pro Se Plaintiffs from Bringing FCA Cases

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In United States ex rel. Feliciano v. Ardoin, the D.C. Circuit joined every other circuit to consider the issue, holding that a pro se litigant cannot bring a False Claims Act (FCA) case. The court’s reasoning was...more

Stevens & Lee

First Circuit Rules Against Government in False Claims Act Case

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On Feb. 18, in U.S. v. Regeneron Pharmaceuticals, the First Circuit Court of Appeals joined the Sixth Circuit and the Eighth Circuit in holding that, for purposes of establishing that a claim for payment of items or services...more

Orrick, Herrington & Sutcliffe LLP

DOJ contests court order blocking DOGE’s access to Treasury’s payment systems and records

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On February 9, DOJ filed an emergency motion seeking to dissolve, modify or clarify a temporary restraining order issued by the U.S. SDNY, which prohibited certain political appointees and DOGE members from accessing the...more

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