News & Analysis as of

Judicial Authority

Venable LLP

Enduring Delegations - Supreme Court Rejects Nondelegation Challenges to the FCC’s Administration of the Universal Service Fund in...

Venable LLP on

The nondelegation doctrine prevents Congress from giving away too much of its legislative power to other entities. After a strong showing in 1935, the nondelegation doctrine has remained dormant, with the Supreme Court...more

Nossaman LLP

Sheetz Loses Again: Legislatively Enacted Fees Satisfy Nolan/Dollan

Nossaman LLP on

In 2024, in what was heralded as a big win for developers in California, the U.S. Supreme Court upended decades of California precedent and held that legislatively enacted development impact fees must satisfy the “essential...more

King & Spalding

NJ Supreme Court Held that Charity Care is Not Unconstitutional Taking

King & Spalding on

On July 16, 2025, the New Jersey Supreme Court unanimously ruled that the state’s charity care requirement—which mandates that hospitals must treat patients regardless of their ability to pay—does not amount to...more

Troutman Pepper Locke

Post-McLaughlin TCPA Chaos Begins With Contradictory Rulings on Text Messages

Troutman Pepper Locke on

Earlier this month, the U.S. Supreme Court held that district courts are not bound by the Federal Communication Commission’s (FCC) interpretations of the Telephone Consumer Protection Act (TCPA), 47 U.S.C. §227. See...more

Stevens & Lee

The Administrative State, a Three-Legged Stool, the Supreme Court and FCC v. Consumers’ Research

Stevens & Lee on

The U.S. Supreme Court recently handed down its decision in Federal Communications Commission v. Consumers’ Research, a case involving the question whether Congress’s delegation of authority to the FCC to implement provisions...more

Morrison & Foerster LLP

Supreme Court Lets CPSC Firings Stand—For Now

Capping off two months of legal drama, the Supreme Court has stayed the ruling of U.S. District Judge Matthew J. Maddox, which ordered the immediate reinstatement of the three U.S. Consumer Product Safety Commission (CPSC)...more

Steptoe & Johnson PLLC

U.S. Supreme Court Supports Religious Exemption for Catholic Charities in Wisconsin

Steptoe & Johnson PLLC on

The U.S. Supreme Court (SCOTUS) recently determined that religious discrimination occurs when legal criteria discriminate between religions based on their “theological practices” or “inherently religious choices” as opposed...more

Nossaman LLP

California Court of Appeal Confirms Legislatively Enacted Development Impact Fee

Nossaman LLP on

In 2024, in what was heralded as a big win for developers in California, the U.S. Supreme Court upended decades of California precedent and held that legislatively enacted development impact fees must satisfy the “essential...more

Marshall Dennehey

Superior Court Reverses Dismissal, Holds Electronically Signed Praecipe Timely Filed Upon Receipt by Prothonotary

Marshall Dennehey on

Scheibe v. Woodloch Resort, 2025 Pa. Super. 109 (Pa. Super. May 20, 2025) - The Superior Court of Pennsylvania ruled that a praecipe for writ of summons was deemed to be timely filed as of the date it was initially received...more

Ladas & Parry LLP

Federal Circuit: it’s not easy being green for colour marks

Ladas & Parry LLP on

Legal updates: case law analysis and intelligence - - The TTAB, applying the Milwaukee test, rejected an application for a dark green colour mark for medical gloves on the ground that it was generic - The Federal Circuit...more

Ballard Spahr LLP

Appeals court puts reinstatement of two Democratic members of NCUA board on hold

Ballard Spahr LLP on

The reinstatement of two Democratic NCUA board members has been put on hold by the U.S. Circuit Court of Appeals for the District of Columbia....more

Haynes Boone

Arbitration in the Fifth – June 2025

Haynes Boone on

June 2025 saw opinions from the Fifth Circuit Court of Appeals addressing issues including the authority of a court to dismiss a case that had been stayed pending an arbitration and the sequence of decision-making when a...more

Kilpatrick

Eighth Circuit rules OptumRx waived arbitration of two year-old claims but delegated arbitrability of newly-pled claims to an...

Kilpatrick on

The Eighth Circuit partially reversed a district court ruling denying OptumRx, Inc. (“OptumRx”)’s motion to compel arbitration of Lackie Drug Store, Inc. (“Lackie”)’s putative class action, concluding OptumRx waived...more

Cozen O'Connor

Pennsylvania Perspective for Monday, July 28, 2025

Cozen O'Connor on

PA NIOSH Employees Uncertain About Their Future- The United States Supreme Court handed the Trump Administration a victory, allowing the President to conduct mass firings at federal agencies. Now, Pittsburgh-area employees...more

Holtzman Vogel Baran Torchinsky & Josefiak

Hochul Faces Legal and Political Roadblocks to Mid-Decade Redistricting in New York

New York Governor Kathy Hochul recently suggested that the Empire State could undertake a mid-decade redistricting of its congressional districts, apparently as a form of political retaliation against Republican-led states...more

Marshall Dennehey

Trial Court Allows Punitive Damages Claim to Proceed in Campground Bleacher Fall Case, Citing Monroe Standard

Marshall Dennehey on

K.H. v. Mill Run Campground, Docket No. 2197 of 2023, G.D. (Pa. Com. Pl., Fayette Cnty, Mar. 10, 2025) - A Pennsylvania trial court overruled primary objections to claims of punitive damages when the plaintiffs’ alleged...more

Stinson LLP

Challenges in the CPSC: What Has Happened and What Comes Next

Stinson LLP on

The first six months of the second Trump Administration have brought a variety of transformations to the federal government. As many of these changes unfold on nearly a daily basis, it can be difficult to ascertain exactly...more

McDonnell Boehnen Hulbert & Berghoff LLP

Federal Circuit Special Committee Recommends Continued Suspension for Judge Newman

Inexorable, inevitable, and regrettable are three words that come to mind with publication from the Report from Special Committee of the Federal Circuit (composed of Chief Judge Moore and Judges Prost and Taranto)...more

Charles E. Rounds, Jr. - Suffolk University...

Employing a trust-law hypothetical to illustrate the universal preliminary injunction’s incompatibility with equity doctrine that...

A federal trial judge in the course of adjudicating a controversy temporarily enjoins nationwide enforcement of a law. The universal preliminary injunction (UPI), however, is incompatible with the Anglo-American legal...more

Stevens & Lee

Another Step Toward Overruling Humphrey’s Executor and Granting Plenary Presidential Removal Authority

Stevens & Lee on

Recently, the Supreme Court in a case involving President Trump’s without cause firing of the Democratic Commissioners on the Consumer Products Safety Commission stayed an order that had been issued by the U.S. District Court...more

Oliva Gibbs

A river ran through it: State v. Riemer and what happens to the mineral rights when the water runs dry

Oliva Gibbs on

Lake Meredith is a reservoir located about 30 miles northeast of Amarillo in the Texas Panhandle. It was formed when the State of Texas built the Sanford Dam on the Canadian River in 1965. When the dam was completed the...more

Burr & Forman

Illinois District Court Holds Text Messages Not Subject to DNC Registry/Internal DNC Requirements

Burr & Forman on

Jones, et al. v. Blackstone Medical Services, LLC, No. 1:24-cv-01074-JEH-RLH, 2025 WL 2024764 (C.D. Ill. July 21, 2025) - On June 20, 2025, the United States Supreme Court released McLaughlin Chiropractic Assocs., Inc. v....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

Jackson Walker on

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

ArentFox Schiff

Overcoming the ‘Settled Expectations’ Doctrine: Guidance From Intel v. Proxense

ArentFox Schiff on

Last month, we provided an overview of the Patent Trial and Appeal Board’s (PTAB) application of the “settled expectations” doctrine, articulated in recent PTAB director-level decisions. Interim Director Coke Morgan Stewart...more

1,055 Results
 / 
View per page
Page: of 43

"My best business intelligence, in one easy email…"

Your first step to building a free, personalized, morning email brief covering pertinent authors and topics on JD Supra:
*By using the service, you signify your acceptance of JD Supra's Privacy Policy.
- hide
- hide