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Constitutional Challenges Judicial Authority Appellate Courts

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

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

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

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

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

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

Snell & Wilmer

Ninth Circuit Panel Holds That the Second Amendment Prohibits Certain Requirements Regarding Firearm Permits and Physical...

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Introduction A divided Ninth Circuit panel ruled that Hawaii cannot enforce laws that (1) allow acquisition of a handgun only within 30 days of obtaining the necessary permit and (2) require physical inspection of a firearm...more

Nossaman LLP

New Court Case Reasserts Reasonableness as a Limitation on Water Use

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On April 2, 2025, the Court of Appeal for California’s Fifth Appellate District issued its decision in Bring Back the Kern v. City of Bakersfield, 2025 S.O.S. 909. That case held that courts must apply the reasonableness...more

Winstead PC

Texas Supreme Court Declines The Chance To Rule On Whether There Is A Right To A Jury Trial In A Trust Modification Suit

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In In re Troy S. Poe Trust, a co-trustee of a trust filed suit to modify the trust to increase the number of trustees and change the method for trustees to vote on issues as well as other modifications, including, incredibly,...more

McDonnell Boehnen Hulbert & Berghoff LLP

Judge Newman Files Reply Brief in Newman v. Moore

The Honorable Pauline Newman, Circuit Judge for the U.S. Court of Appeals for the Federal Circuit, has been battling her suspension from the Court imposed by the Judicial Council for two years (including proceedings leading...more

Shipman & Goodwin LLP

Appellate Court Rejects Constitutional Challenge to Connecticut’s Anti-SLAPP Statute, Extends Quasi-Judicial Defamation Immunity...

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The Appellate Court’s recent decision in Robinson v. V.D. has a little something for any practitioner who deals with questions of constitutional law or civil procedure. Among other things, the decision held that statements...more

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