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
A consortium that was on the losing side of a $238-million arbitration over the construction of the third set of locks for the Panama Canal is asking the United States Supreme Court to review a circuit court opinion that...more
This week Sam Hess of Inside EPA asked me if I had an opinion as to why there were fewer lawsuits (so far) challenging EPA's eighth attempt to durably determine the reach of the Federal Clean Water Act than there were...more
On March 31, the Supreme Court issued its opinion in Badgerow v. Walters, significantly narrowing federal courts’ jurisdiction to confirm or vacate an arbitration award under the Federal Arbitration Act....more
On March 31, 2022, the U.S. Supreme Court decided Badgerow v. Walters, No. 20-1143, reversing the Fifth Circuit, and holding that federal courts may only look to the application to confirm or vacate an arbitral decision in...more
The U.S. Supreme Court significantly limited the jurisdiction of federal courts to confirm or vacate arbitral awards under Sections 9 and 10 of the Federal Arbitration Act (FAA) in Badgerow v. Walters. The Court confirmed its...more
Ruling on an important Federal Arbitration Act (FAA) procedural issue that has divided the circuit courts, the U.S. Supreme Court has decided that the “look-through” approach often used in determining whether federal...more
On August 26, 2021, the U.S. Supreme Court issued an order vacating the Centers for Disease Control and Prevention’s latest eviction moratorium. Earlier this month the CDC issued an order banning evictions of residential...more
On June 29, 2021, the Supreme Court denied an application by a group of real estate agents and associations to lift the eviction moratorium issued by the Centers for Disease Control and Prevention (the “CDC”). Originally...more
The United States Supreme Court granted certiorari in Badgerow v. Walters, No. 20-1143 on May 17, 2021. The question presented is “[w]hether federal courts have subject matter jurisdiction to confirm or vacate an arbitration...more
On October 28, 2020, the en banc Eleventh Circuit reversed the Northern District of Georgia’s approval of a class settlement, holding that the settlement was invalid because the named plaintiff did not have standing to sue...more
Seila Law and the CFPB filed their briefs yesterday in the U.S. Supreme Court. Both briefs address the question presented in Seila Law’s certiorari petition, which is whether the CFPB’s...more
On November 8, 2017, the Supreme Court issued an unanimous opinion in Hamer v. Neighborhood Housing Services of Chicago, Case No. 16-658, clarifying that an appeal filing deadline prescribed by statute is “jurisdictional,”...more
In most countries, it is uncontroversial that a court sitting at the situs of an arbitration has jurisdiction to adjudicate a petition to confirm or vacate or modify an award issued in that arbitration. In the United States...more