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Judicial Authority Administrative Procedure Act

Venable LLP

Eighth Circuit Cancels FTC Negative Option Rule: What Does It Mean?

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The U.S. Court of Appeals for the Eighth Circuit vacated the Federal Trade Commission’s Rule Concerning Subscriptions and Other Negative Option Plans (often referred to as the “Click-to-Cancel” rule) on July 8, just days...more

McDermott Will & Emery

The Employee Retention Credit: A court challenge to IRS guidance

Case: Stenson Tamaddon LLC v. IRS, No. CV-24-01123-PHX-SPL, 2025 WL 1725942 (D. Ariz. June 20, 2025) On June 20, 2025, the US District Court for the District of Arizona denied a motion for summary judgment that was filed...more

King & Spalding

Supreme Court Holds Universal Injunctions Exceed Courts’ Statutory Authority

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On Friday, June 27, the Supreme Court held that so-called universal injunctions (sometimes called nationwide injunctions) likely exceed federal courts’ equitable authority as granted by the Judiciary Act of 1789. The Court...more

Polsinelli

Supreme Court Halts Nationwide Injunctions with Major Implications for Ongoing Litigation

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On June 27, 2025, the U.S. Supreme Court held, in a 6-3 decision in Trump v. Casa, that federal courts lack the authority to issue nationwide injunctions under the Judiciary Act of 1789 (Judiciary Act). In doing so, the Court...more

Husch Blackwell LLP

Trump Administration Seeks Supreme Court Stay of Democratic CPSC Commissioners’ Reinstatement After Losses in District Court and...

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On June 23, 2025, Judge Matthew J. Maddox of the U.S. District Court for the District of Maryland denied a motion by President Donald J. Trump and other officials (“Defendants”) to stay his order reinstating three Democratic...more

King & Spalding

Texas Court Overturns Biden Administration’s Expansion of Abortion Privacy

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On June 18, 2025, Judge Matthew Kacsmaryk of the Northern District of Texas vacated the Health Insurance Portability and Accountability Act (HIPAA) Privacy Rule to Support Reproductive Health Care Privacy (the Rule). The...more

Wilson Sonsini Goodrich & Rosati

Texas District Court Vacates 2024 HIPAA Rule Designed to Enhance Reproductive Healthcare Privacy, Effective Nationwide

On June 18, 2025, the United States District Court for the Northern District of Texas vacated most of the rules designed to enhance reproductive healthcare privacy promulgated by the U.S. Department of Health and Human...more

Bradley Arant Boult Cummings LLP

Understanding the Postal Service’s Bid Protest Process

Contractors pursuing work with the U.S. Postal Service (USPS) must be aware that the Postal Service operates under a unique set of rules. Unlike most federal agencies, the USPS is not subject to the jurisdiction of the...more

Knobbe Martens

A Request for Sanctions Before the ITC Is Not Appealable to the Federal Circuit

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REALTEK SEMICONDUCTOR CORPORATION v. ITC - Before Reyna, Bryson, and Stoll. Appeal from the United States International Trade Commission. The Federal Circuit lacks jurisdiction to hear appeals of non-final determinations from...more

Saul Ewing LLP

Federal District Court Issues Opinion Vacating HHS Rule Protecting Reproductive Health Information

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On June 18, 2025, U.S. District Judge Matthew Kacsmaryk of the Northern District of Texas (the “District Court”) vacated a 2024 final rule issued by the U.S. Department of Health and Human Services (“HHS”) under the Biden...more

McGuireWoods LLP

Supreme Court Ends Use of Universal Injunctions

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On June 27, 2025, in a 6-3 opinion by Justice Amy Coney Barrett, the U.S. Supreme Court held in Trump v. CASA, Inc., No. 24A884, 606 U.S. ___ (2025), that federal courts lack the power to issue “universal injunctions,” a...more

Stinson LLP

Wisconsin Supreme Court Upholds State's Authority to Regulate PFAS Without Formal Rulemaking

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On June 24, 2025, the Wisconsin Supreme Court rejected a challenge to the authority of the Wisconsin Department of Natural Resources (WDNR) to compel the cleanup of perfluoroalkyl and polyfluoroalkyl (PFAS) substances under...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

Ward and Smith, P.A.

Supreme Court Limits Scope of Nationwide Injunctions—Is Nationwide Vacatur Next?

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In Trump v. CASA, the Supreme Court significantly narrowed federal courts’ power to issue “universal” or “nationwide” injunctions—broad orders that bar the government from enforcing a policy against anyone, not just the...more

Troutman Amin LLP

WAVE OF LITIGATION ENDED?: Are the TCPA’s Quiet Hour Rules Dead After Friday’s Supreme Court Ruling?

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As TCPAWorld.com readers know, 2025 has seen a massive rush of TCPA class litigation. Indeed such filings are up over 100 percent from last year– which was already the highest volume year in history. The biggest volume of...more

Dorsey & Whitney LLP

SCOTUS Curbs Universal Injunctions? So What Does That Mean for You?

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The United States Supreme Court issued a decision that curtailed the practice of “universal” or “nationwide” injunctions and may have a significant impact for individuals and organizations that seek redress from the courts,...more

WilmerHale

Supreme Court Limits Universal Injunctions

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On June 27, 2025, the U.S. Supreme Court held in a 6-3 decision in Trump v. CASA, Inc. that federal courts lack the authority to issue universal injunctions under the Judiciary Act of 1789. In so ruling, the Court granted the...more

Jackson Lewis P.C.

How a Texas Federal District Court Changed the HIPAA Reproductive Health Privacy Rule, But SCOTUS Decision May Say Not So Fast

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Explained in more detail below, under the recent vacatur of most of the HIPAA Privacy Rule to Support Reproductive Health Care Privacy (the “Reproductive Health Rule”): • The broad prohibitions on disclosing protected...more

Bradley Arant Boult Cummings LLP

Jurisdictional Boundaries of the Federal Circuit in ITC-Related Matters Are Limited

In Realtek Semiconductor Corporation v. ITC (23-1187), the Federal Circuit concluded that it lacked jurisdiction to decide whether the International Trade Commission (ITC) correctly denied Realtek’s motion for sanctions...more

Katten Muchin Rosenman LLP

Texas Federal Court Vacates Most of 2024 HIPAA Rule on Reproductive Health Information

In 2024, the U.S. Department of Health and Human Services’ (“HHS”) implemented a new privacy rule under the Health Insurance Portability and Accountability Act of 1996 (“HIPAA”) that applied specifically to reproductive...more

Warner Norcross + Judd

Federal Court Vacates HIPAA Rule on Reproductive Health Care Privacy

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Last year, the federal Office for Civil Rights (OCR) modified the Health Insurance Portability and Accountability Act (HIPAA) Privacy Rule to strengthen protections for reproductive health care information (the “2024 Rule”)....more

Eversheds Sutherland (US) LLP

Supreme Court: Hobbs Act does not require federal courts to defer to FCC

On June 20, 2025, the U.S. Supreme Court issued its ruling in McLaughlin Chiropractic Associates, Inc. v. McKesson Corp., holding that the federal Hobbs Act does not bind district courts in civil enforcement proceedings to a...more

Holland & Hart LLP

Supreme Court Clarifies Path for Nuclear License Challenges and NRC Authority

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The Supreme Court’s decision in NRC v. Texas gives nuclear energy generators and storage facilities, as well as NRC, the latest win in the decades-long struggle over used-fuel storage....more

Freeman Law

Tax Court Has De Novo Review Over Tax-Related Passport Denial/Revocation Cases

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In a recent case of first impression, the U.S. Tax Court has held that it does not have to rely solely upon the administrative record in determining whether the IRS erroneously certified a taxpayer as having a seriously...more

Fox Rothschild LLP

Other Transaction Authority: COFC Employs a “Principal Purpose” Test to Determine Whether Bid Protest Jurisdiction Exists

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Much has been written during recent years regarding the increasing volume of government acquisitions and spending effected under Other Transaction (OT) authority. These transactions are generally exempt from the requirements...more

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