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Fifth Amendment › Appeals › Due Process

Venable LLP

Supreme Court Confirms Jurisdictional Requirement for Foreign Sovereigns

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To resolve longstanding confusion over the scope of foreign countries' sovereign immunity in U.S. courts, Congress in 1976 passed the Foreign Sovereign Immunity Act ("FSIA"). The FSIA draws a bright line: "foreign states and...more

Epstein Becker & Green

Presidential Deportation Powers Still Subject to Due Process - SCOTUS Today

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Late on Friday, May 16, in the case of A.A.R.P. v. Trump, the U.S. Supreme Court enjoined the Trump administration from carrying out further deportations under the Alien Enemies Act of 1798 (the “Act”) of 176 Venezuelan...more

Offit Kurman

Due Process in South Carolina Then and Now: Lessons from George Stinney's Case

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George Stinney was fourteen years old when he was arrested for the murder of Betty June Binnicker and Mary Emma Thames in Alcolu, South Carolina. He is one of the youngest Americans sentenced to death and executed in the 20th...more

Arnall Golden Gregory LLP

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

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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

Bricker Graydon LLP

Land banking after Tyler: No government taking where there’s a process (so says federal 6th Cir.)

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Land banking advocates across the country took notice of the U.S. Supreme Court’s decision in Tyler v. Hennepin County that found a “government taking” occurred when a Minnesota county sold a tax-foreclosed home to recover...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

Perkins Coie

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

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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

Hinch Newman LLP

Another U.S. Supreme Court Ruling Erodes Traditional FTC Enforcement Authority Amounting to a Win for Digital Advertisers

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On April 14, 2023, the U.S. Supreme Court afforded defendants the ability to directly challenge the structural constitutionality and existence of the Federal Trade Commission (and the Securities and Exchange Commission) in...more

Fisher Phillips

Federal Appeals Courts Add to Employers’ Confusion by Disagreeing on Whether to Dismiss Out-of-State Plaintiffs in FLSA Collective...

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Over the past several years, many federal courts have weighed in on whether a key Supreme Court decision requires them to dismiss non-resident opt-in plaintiffs in federal wage and hour collective actions, and there is now...more

Dorsey & Whitney LLP

Supreme Court Cert Denial Closes Book on Storied VARA Dispute

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As you may recall from our prior posts regarding the advisory jury verdict and subsequent district court ruling in the 5Pointz litigation (Cohen et al v. G&M Realty LP et al.), in 2018, Judge Block in the U.S. District Court...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

Spilman Thomas & Battle, PLLC

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

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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

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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

Mintz - Intellectual Property Viewpoints

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

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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

(ACOEL) | American College of Environmental...

A Hard Look at the Environmental Rule of Law

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Years in the making, the first global report on the Environmental Rule of Law (ERL) was issued by the United Nations Environment Program and the Environmental Law Institute (ELI) in January 2019.  The report is a...more

Troutman Pepper Locke

Attorney General’s Office May Weigh In on Constitutionality of IPRs involving Pre-AIA Patents

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The 2011 America Invents Act (AIA) provided a variety of new ways to administratively challenge patents, including the now widely used inter partes review (“IPR”) procedure. In two recent appeals of IPR decisions, Genentech...more

Holland & Knight LLP

Amtrak Performance Rules Won’t be Revived

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• The Supreme Court declines to review a lower court ruling that the Surface Transportation Board cannot assume regulatory authority that Congress unconstitutionally delegated to the Federal Railroad Administration and...more

Holland & Knight LLP

Eighth Circuit Strikes Down STB Rules Defining "On-Time" Passenger Performance

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In Union Pacific Railroad Company v. Surface Transportation Board, No. 16-3307, the U.S. Court of Appeals for the Eighth Circuit has held that the Surface Transportation Board (STB) exceeded its authority when it promulgated...more

Orrick, Herrington & Sutcliffe LLP

New Court Decisions Expose Non-U.S. Banks With U.S. Branches To New Risks Of Litigation In American Courts

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Non-U.S. banks with branches in New York and elsewhere in the United States find themselves sued or otherwise exposed to judicial orders in American courts with regularity. The cases reflect the full range of U.S. legal...more

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