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Appellate Courts Judicial Authority Appeals

Husch Blackwell LLP

Does Loper Bright Simply Not Matter to the D. C. Circuit When It Comes to the NLRB? Will the Supreme Court Weigh In?

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On July 31, 2025, Hood River Distillers, Inc. filed a petition for writ of certiorari imploring the Supreme Court to overturn a ruling of the D. C. Circuit. The D. C. Circuit had affirmed a National Labor Relations Board...more

Stevens & Lee

Not So Fast: Enforcing an Appellate Decision Requires the Appellate Court’s Mandate or Remand

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Here is a typical scenario. You appeal your case to a federal or state appellate court. The briefing is done and dusted. The case is argued. Everyone is patiently waiting for the appellate court’s decision. Then — voila — the...more

Herbert Smith Freehills Kramer

Federal Appeals Court Upholds Birthright Citizenship

As an update to our previous client alert regarding birthright citizenship, on July 23, 2025, the U.S. Court of Appeals for the Ninth Circuit ruled that President Trump’s executive order restricting birthright citizenship...more

Jackson Walker

Fifth Circuit Criminal Opinions: Insights and Analyses Part V

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Hi all. Below is the June edition of the Fifth Circuit criminal and civil case summaries, with a special focus on cases of interest to white-collar practitioners. In June, the Fifth Circuit considered a number of Bruen-based...more

Whiteford

Client Alert: Assignments of Error: Is That Your Final Answer?

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On July 22, 2025, the Virginia Court of Appeals issued a published order in Sisco v. Holtzman, Rec. No. 024025, clarifying the rules for assignments of error in appellate proceedings. Assignments matter. The Court of Appeals...more

Lerman Senter PLLC

Potential Federal Court Circuit Split Increases Uncertainty Around FCC's Enforcement Authority

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A potential federal court circuit split is developing over the constitutionality of the enforcement authority of federal agencies such as the Federal Communications Commission (FCC)....more

Carlton Fields

Florida Appeals Court Decisions Week of July 14 - 18, 2025

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U.S. Eleventh Circuit Court of Appeals - Walmart v. King - APA, ALJs, constitutional challenge - Gray v. Birchfield - employment, harassment, punitive damages, assault, battery - USA v. Rowe - prior panel precedent...more

Fox Rothschild LLP

NJ Appellate Court Reaffirms Employees’ Right to Bring LAD Claims in Court

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The New Jersey Appellate Division recently issued an important decision clarifying how claims brought under the Law Against Discrimination (LAD) interact with agency proceedings in employment matters. Specifically, it made...more

Bressler, Amery & Ross, P.C.

Yes, an Arbitrator Can Exceed Their Powers in the Eleventh Circuit

The reports of the death of Section 10 of the FAA may have been greatly exaggerated. Thursday, a majority of the Eleventh Circuit held in Nalco Co. LLC v. Bonday that an arbitration award was subject to vacatur under Section...more

Fox Rothschild LLP

Are North Carolina Court of Appeals Judges Dissenting Less?

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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

Adams & Reese

Florida Appeals Court Reverses Mortgage Foreclosure for Lack of Specific Findings

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A Florida Appeals court ruled that specific findings are required in mortgage foreclosure summary judgments – generic orders are not sufficient. Lenders and foreclosure attorneys must provide detailed, record-based...more

Littler

Remand Rules: Oregon Supreme Court Clarifies What You Can Appeal

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On June 24, 2025, the Oregon Supreme Court held in Crosbie v. Asante that a trial court order of the scope of issues to be retried after reversal and remand cannot be immediately appealed....more

Troutman Amin LLP

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

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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

Felicello Law PC

Writing to Win: What Makes an Effective Appellate Brief

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In civil litigation, the trial court’s judgment is often not the last word. If you lose at that the trial court, you may still have a chance to prevail if you can convince the appellate court that the trial court judge...more

Conn Maciel Carey LLP

D.C. Circuit Rejects NLRB’s “Irrational” View of Impasse

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Last week in Troy Grove v. NLRB, No. 23-1164 (D.C. Cir., June 13, 2025), the United States Court of Appeals for the D.C. Circuit delivered a sharp rebuke to the National Labor Relations Board, finding “irrational” the Board’s...more

Poyner Spruill LLP

Fourth Circuit Court of Appeals Instructs District Court to Correctly Apply Qualified Immunity Analysis

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The Fourth Circuit Court of Appeals recently vacated and remanded a District Court opinion that denied qualified immunity to a Charlotte-Mecklenburg Police Officer. In Belton v. Loveridge, the appellate court held the trial...more

Felicello Law PC

Beyond the Verdict: What Every Litigant Should Know About the Appellate Process

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The trial is over. The jury has spoken – or the judge has ruled – and the outcome wasn’t what you hoped. Now what? At that moment, many litigants turn to the idea of an appeal as a second chance, a do-over. It’s important...more

Bradley Arant Boult Cummings LLP

Alabama Cannabis Court Faces Dilemma: To Treat Applicants Fairly or Equally?

“Equal is not fair, and fair is not equal. Equal is obtainable but fair is not.” The Montgomery County Circuit Court overseeing the launch of Alabama’s medical cannabis program has an interesting dilemma on its hands. It...more

Morrison & Foerster LLP

Two Federal Courts Temporarily Strike Down President Trump’s IEEPA Tariffs

On May 28, 2025, the U.S. Court of International Trade (CIT) ruled that President Trump lacks authority under the International Emergency Economic Powers Act (IEEPA) to impose his most sweeping tariffs against U.S. trading...more

McGlinchey Stafford

Timing is Everything: Retroactive Application of the Direct Action Statute Amendment

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Louisiana’s Direct Action Statute was recently amended to remove the right of an injured person or, if deceased, the statutory beneficiaries, to bring a direct action claim against a tortfeasor’s insurer, except in certain,...more

Baker Botts L.L.P.

Second Circuit Rules on Scope of VPPA Protection

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On May 1, 2025, the United States Court of Appeals for the Second Circuit issued its decision in Solomon v. Flipps Media, Inc., affirming the dismissal of a putative class action alleging violations of the Video Privacy...more

Cozen O'Connor

U.S. Court of International Trade Enjoins IEEPA Tariffs, But Federal Circuit Stays the Injunctions

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On May 28, 2025, the U.S. Court of International Trade (USCIT) issued a decision vacating and permanently enjoining many of the most economically significant tariff orders issued over the past four months by President Trump....more

Law Office of Jason Ostendorf

Issue Framing Is the New Battleground in Appellate Advocacy

In appellate practice, there was once comfort in formality. You started with the standard of review, cited black-letter law, and walked the court through a step-by-step application of precedent to facts. But a subtle shift...more

Snell & Wilmer

Circuit Split: Eleventh Circuit Upholds Florida Firearm Purchase Ban for 18-to-21-Year-Olds

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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

Carlton Fields

Florida Appeals Court Decisions Week of May 12 - 16, 2025

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U.S. Eleventh Circuit Court of Appeals - Maron v. Fla CFO - Florida Unclaimed Property Act, taking, sovereign immunity - USA v. Solomon - sentencing, Hobbs Act - HM Fla v. Fla DBPR - obscenity, First Amendment - ...more

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