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Constangy, Brooks, Smith & Prophete, LLP

Supreme Court restricts universal injunctions, but plaintiffs find a “workaround”

At the end of its 2024-25 term, the U.S. Supreme Court held in Trump v. CASA, Inc. that federal district courts do not have equity power to issue so-called “universal” (also known as “nationwide”) injunctions. At issue in...more

UB Greensfelder LLP

FTC’s Proposed “Click-to-Cancel” Rule Struck Down by Eighth Circuit

UB Greensfelder LLP on

On July 8, 2025, less than a week before the “click-to-cancel” rule would have gone into effect, the United States Court of Appeals for the Eighth Circuit struck down the proposed rule (Custom Communications, Inc. v. Federal...more

Venable LLP

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

Venable LLP on

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

Hogan Lovells

Supreme Court decides interim storage case on procedural grounds in NRC v. Texas

Hogan Lovells on

On Wednesday, June 18, 2025, the Supreme Court of the United States issued its opinion in NRC v. Texas to resolve a circuit split over the storage of spent nuclear fuel between the Tenth Circuit, D.C. Circuit, and Fifth...more

DLA Piper

FTC “Click-to-Cancel” Rule to Take Effect May 14

DLA Piper on

In October 2024, the Federal Trade Commission (FTC) finalized significant updates to the Negative Option Rule, which are slated to take effect on May 14, 2025. A negative option is a contract term under which a buyer agrees...more

Holland & Knight LLP

CFPB Seeks Dismissal of Pending UDAAP Examination Manual Litigation

Holland & Knight LLP on

The CFPB on April 30, 2025, filed a joint stipulation to dismiss its appeal pending before the U.S. Court of Appeals for the Fifth Circuit regarding an agency policy that expands the scope of antidiscrimination oversight....more

Morgan Lewis - Health Law Scan

Courts Diverge in Challenges to CMS's Minimum Staffing Requirements for LTC Facilities

On May 10, 2024, the Centers for Medicare and Medicaid Services (CMS) published its Final Rule to implement minimum staffing standards for long-term care (LTC) facilities in the United States. However, as discussed in our...more

Jones Day

Judge Blocks FDA Regulation of Laboratory-Developed Tests

Jones Day on

On March 31, 2025, a judge in the Eastern District of Texas struck down a 2024 Final Rule (the "Final Rule") by the Food and Drug Administration ("FDA") that exerted jurisdiction over the regulation of laboratory-developed...more

Perkins Coie

CPUC Did Not Abuse its Discretion in Issuing a Driverless AV Deployment Permit for Fared Passenger Service to Waymo

Perkins Coie on

The California Public Utilities Commission did not abuse its discretion in issuing a Phase I driverless AV deployment permit to Waymo to operate fared passenger service in San Francisco and parts of San Mateo County. Waymo’s...more

Knobbe Martens

U.S. Supreme Court Defers to Agency Decision-Making in FDA’s Denial of Premarket Approval of Flavored E-Cigarette Products

Knobbe Martens on

We previously reported a decision by the U.S. Food and Drug Administration (FDA), denying the premarketing authorization of several flavored e-cigarette product. On April 2, 2025, the Supreme Court of the United States...more

Ropes & Gray LLP

District Court Embraces Loper Bright and Overturns FDA Laboratory Developed Test Rule – What Lies Ahead?

Ropes & Gray LLP on

On March 31, 2025, Judge Sean D. Jordan of the U.S. District Court for the Eastern District of Texas issued an opinion and judgment in American Clinical Laboratory Association v. FDA (“ACLA v. FDA”), a closely watched case...more

Epstein Becker & Green

The LDT Final Rule Bites the Dust: Examining the Repercussions of the Federal Court’s Vacatur and What the Future May Hold

On March 31, 2025, Judge Sean D. Jordan of the U.S. District Court for the Eastern District of Texas ruled that the Food and Drug Administration (FDA) lacks the statutory authority to regulate laboratory developed tests...more

Faegre Drinker Biddle & Reath LLP

Supreme Court Decides Bondi, Attorney General, et al. v. Vanderstok, et al.

On March 26, 2025, the Supreme Court decided Bondi, Attorney General, et al. v. Vanderstok, et al., No. 23-852, and held that the Bureau of Alcohol, Tobacco, Firearms, and Explosives’ (ATF) rule interpreting the Gun Control...more

(ACOEL) | American College of Environmental...

Port Arthur Community Action Network (PACAN) v. Texas Commission on Environmental Quality—A Nut Case?

In Port Arthur Community Action Network (PACAN) v. Texas Commission on Environmental Quality, the Texas Supreme Court clarified the statutory definition of “Best Available Control Technology”(BACT) under the Texas Clean Air...more

Dorsey & Whitney LLP

NEPA Regulations Unravel

Dorsey & Whitney LLP on

The National Environmental Policy Act, or NEPA, is in the midst of a major judicial and regulatory shakeup. In the past three months, four major events have thrown the validity of NEPA regulations into doubt ...more

Ballard Spahr LLP

Appeals Court strikes down FCC telemarketing, robocall rule that required specific consent

Ballard Spahr LLP on

The 11th Circuit Court of Appeals has struck down the FCC rule that would have prohibited telemarketing or advertising robocalls to consumers unless they consent to calls from only one entity at a time, and that they consent...more

Carlton Fields

Piecing Alpine Together

Carlton Fields on

Is FINRA constitutional? According to the D.C. Circuit’s November 2024 opinion in Alpine Securities Corp. v. FINRA, FINRA proceedings may be unconstitutional in one narrow set of circumstances. ...more

Oliva Gibbs

No Risk, No Reward: The Liberty v. NDIC Decision Holds That Risk Penalties Can be Recovered From Total Unit Production

Oliva Gibbs on

In Liberty Petro. Corp. v. N.D. Indus. Comm’n, the Supreme Court of North Dakota addressed whether nonconsent risk penalties must be assessed on a well-by-well basis or can be recovered from overall unit production. The court...more

BakerHostetler

Federal Court Blocks FDA’s Graphic Cigarette Warning Rule: The Limits of Regulatory Authority

BakerHostetler on

On Monday, a federal judge from the Eastern District of Texas, Judge J. Campbell Barker, ruled that the U.S. Food and Drug Administration (FDA) exceeded its authority under the Tobacco Control Act by requiring cigarette...more

Cozen O'Connor

SCOTUS Poised to Expand District Court Review of FCC Orders

Cozen O'Connor on

Yesterday, the Supreme Court heard oral argument in a case that will likely determine whether a federal district court or the Federal Communications Commission (FCC) has the final say on how to interpret the Telephone...more

Perkins Coie

Why the FCC’s Net Neutrality Rules Were Struck Down

Perkins Coie on

The decades-long fight over net neutrality appears to be over. In one of the first appellate decisions since the Supreme Court of the United States overturned Chevron deference in Loper Bright Enterprises v. Raimondo...more

Bass, Berry & Sims PLC

Title IX Regulations Enjoined in Four More States as Department of Education Appeals Earlier Injunctions

Bass, Berry & Sims PLC on

On July 2, Judge John Broomes of the U.S. District Court for the District of Kansas handed down yet another preliminary injunction blocking the Title IX regulations issued in April, following on the heels of similar orders...more

Nilan Johnson Lewis PA

Federal Courts Turn Away Challenges to FDA's e-Cig Regulations

Nilan Johnson Lewis PA on

On Monday, December 16, 2019, the U.S. District Court for the Southern District of Mississippi granted the U.S. Food and Drug Administration’s motion to dismiss a lawsuit filed by trade organization United States Vaping...more

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