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Fifth Amendment Appeals Constitutional Challenges

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

Nossaman LLP

Federal Circuit Diverts ESA Takings Challenge

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The Fifth Amendment to the U.S. Constitution states, in part, “nor shall private property be taken for public use, without just compensation.” The federal Endangered Species Act deals with a different type of “taking.”...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

Ballard Spahr LLP

Fourth Circuit Lifts Nationwide Injunction of Executive Orders Addressing DEI Programs

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Departing from a pattern of recent federal district court decisions, the U.S. Court of Appeals for the Fourth Circuit granted the government’s application for stay pending appeal of a nationwide preliminary injunction against...more

McGuireWoods LLP

Fourth Circuit Allows Anti-DEI Executive Order Provisions Involving Federal Contractors and Grantees to Proceed

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On March 14, 2025, a three-judge panel of the U.S. Court of Appeals for the Fourth Circuit lifted a nationwide preliminary injunction that previously halted parts of two DEI-related executive orders signed by President Donald...more

DCI Consulting

Appeals Court Lifts Injunction on Executive Orders 14173 and 14151

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On March 14, 2025, the United States Court of Appeals for the Fourth Circuit granted the government's Motion for a Stay Pending Appeal in the lawsuit concerning two Executive Orders aimed at ending diversity, equity, and...more

Bass, Berry & Sims PLC

Fourth Circuit Terminates Maryland District Court’s DEI Injunction

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On March 14, the U.S. Court of Appeals for the  Fourth Circuit granted the government’s motion for a stay pending appeal, terminating a Maryland district court’s injunction of certain elements of President Trump’s January 20...more

Seyfarth Shaw LLP

Federal Contractor DEI Certifications Allowed to Resume After Fourth Circuit Temporarily Blocks District Court's Nationwide...

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On March 14, 2025, the Fourth Circuit reversed a lower court's nationwide injunction that blocked key portions of President Trump's January 2025 Executive Orders on DEI programs. While the appeal is pending, federal agencies...more

Dorsey & Whitney LLP

The Supreme Court Update - March 3, 2025

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Today, the Supreme Court of the United States granted certiorari in one case: Barrett v. United States, No. 24-5774: A jury convicted Dwayne Barrett of robbery under the Hobbs Act, 18 U.S.C. § 1951, which prohibits...more

Perkins Coie

Federal Court Issues Preliminary Injunction on Trump Anti-DEI Orders

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On February 21, 2025, the U.S. District Court for the District of Maryland issued a preliminary injunction in favor of Plaintiffs National Association of Diversity Officers in Higher Education, the American Association of...more

Snell & Wilmer

Federal Court Blocks DEI Executive Orders Nationwide

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Last week, a federal court in Maryland issued a memorandum opinion and a nationwide preliminary injunction preventing enforcement of certain provisions of President Donald Trump’s Executive Orders related to diversity,...more

Saul Ewing LLP

Federal Court Enjoins Significant Portions of Trump Administration Executive Orders Banning DEI

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On Friday, February 21, 2025, the United States Court for the District of Maryland temporarily enjoined portions of two recent executive orders issued by the Trump Administration targeting DEI-related initiatives and...more

Arnall Golden Gregory LLP

Update on Legal Challenges to President Trump's Presidential Actions

Since President Trump took office on January 20, 2025, he has issued an unprecedented number of presidential actions, including 62 executive orders and numerous declarations, proclamations, announcements, memoranda, grants of...more

Cranfill Sumner LLP

Common Questions about Eminent Domain

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Protecting Your Rights in Eminent Domain Cases - At our firm, we’re committed to ensuring the government doesn’t overstep its authority. Understanding the limits of the government’s eminent domain powers can give you...more

Perkins Coie

Split Ninth Circuit Opinion Imposes Due Process Requirements for “In Rem” Forfeiture of Foreign Assets

Perkins Coie on

In United States v. Nasri, the U.S. Court of Appeals for the Ninth Circuit held that the U.S. government must satisfy Due Process requirements before it can seek civil forfeiture of assets located abroad. The 2-1 split panel...more

Snell & Wilmer

Frederick Douglass Foundation, Inc., et al. v. District of Columbia: Recent Case Illustrates Importance of Governmental Compliance...

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Equality under the law is a cardinal principle of the United States’ constitutional order. This principle extends to laws regulating speech. Specifically, the government does not get to single out a particular viewpoint and...more

ArentFox Schiff

Supreme Court Could Open the Door to “Regulatory Takings” Challenges to Regulations

ArentFox Schiff on

The US Supreme Court has announced it will evaluate whether “impact fees” associated with permits can violate the Fifth Amendment to the US Constitution. At stake is the determination of when, how, and under what...more

Haug Partners LLP

Security People, Inc. v. Iancu, 2019-2118, 2020 WL 4873762 (Fed. Cir. Aug. 20, 2020)

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In an appeal from the Northern District of California, the Federal Circuit affirmed the district court’s dismissal of Security People’s Administrative Procedure Act (APA) suit challenging the constitutionality of inter partes...more

Knobbe Martens

Constitutional Issues Arising From PTAB Decisions Must Be Appealed to the Federal Circuit

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SECURITY PEOPLE, INC. v. IANCU - Before Lourie, Wallach, and Hughes.  Appeal from the United States District Court for the Northern District of California - Summary: Congress foreclosed the possibility of...more

McDonnell Boehnen Hulbert & Berghoff LLP

Arthrex Files Certiorari Petition in Arthrex case

Arthrex recently filed a certiorari petition with the Supreme Court in Arthrex v. Smith & Nephew Inc. (a case related to Arthrex, Inc. v. Smith & Nephew, Inc., which has also the subject of petitions from the U.S. government...more

Spilman Thomas & Battle, PLLC

Challenges to Shutdown Orders Reach the U.S. Supreme Court

On April 27, 2020, a group of petitioners asked the Supreme Court of the United States to stay the enforcement of Pennsylvania Governor Tom Wolf’s March 19, 2020, executive order that closed many of the Commonwealth’s...more

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

2019 PTAB Year in Review: Analysis & Trends: Challenges to the Constitutionality of the Patent Trial and Appeal Board

Since the Patent Trial and Appeal Board’s inception, it has faced questions regarding its constitutionality. This past year was no different. In 2019, aggrieved patent owners raised numerous constitutional challenges...more

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

Federal Circuit Appeals From The PTAB: Summaries of Key 2019 Decisions: Arthrex v. Smith & Nephew, 941 F.3d 1320 (Fed. Cir. 2019)

Arthrex appealed a final written decision from an inter partes review (IPR) where the Patent Trial and Appeal Board (PTAB) found all challenged claims of its patent anticipated. On appeal, Arthrex argued for the first time...more

McDermott Will & Emery

Retroactive Application of IPRs to Pre-AIA Patents is not Unconstitutional Taking

The US Court of Appeals for the Federal Circuit addressed for the first time whether the retroactive application of inter partes review (IPR) proceedings to pre-America Invents Act (AIA) patents is an unconstitutional taking...more

Mintz - Intellectual Property Viewpoints

Give and Take: IPR of Pre-AIA Patent is NOT an Unconstitutional Taking

On July 30, 2019, the Federal Circuit held that retroactive application of IPR (inter partes review) proceedings to pre-AIA (America Invents Act) patents is not an unconstitutional taking under the Fifth Amendment (Celgene...more

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