News & Analysis as of

Regulatory Authority Appeals Jurisdiction

Troutman Pepper Locke

Court Denies Indian Tribe’s Injunction Request Pending Appeal in PACT Act Case

Troutman Pepper Locke on

We recently wrote about a federal case here and here involving key issues related to the Bureau of Alcohol, Tobacco, Firearms and Explosives’ (ATF) authority to enforce the Prevent All Cigarette Trafficking Act (PACT Act)...more

Sterne, Kessler, Goldstein & Fox P.L.L.C.

IP Hot Topic: Federal Circuit Leaves Open Questions Regarding Jurisdiction of Sanction Decisions

In an April IP Hot Topic, we noted that the Federal Circuit left open in RealTek Semiconductor Corp. v. ITC, Appeal, No. 23-1095 (March 18, 2025) the question whether a petitioner may avoid sanctions by simply terminating an...more

Oliva Gibbs

Get back in your lane: North Dakota Supreme Court limits NDIC’s adjudicatory authority over saltwater gathering disputes

Oliva Gibbs on

In a rare rebuke of the North Dakota Industrial Commission (“NDIC”), the Supreme Court held that saltwater gathering is a post-production cost — and that the NDIC lacks authority to adjudicate disputes over such costs between...more

Troutman Pepper Locke

The Right to Regulate: Kalshi, Federal Preemption, and the Fight for State Gaming Authority

Troutman Pepper Locke on

A lawsuit between KalshiEx LLC (Kalshi) and New Jersey state gaming regulators in the Third Circuit is testing the balance between federal commodities regulation and state authority regarding sports betting. Kalshi operates...more

Hanson Bridgett

Peer Review by Licentiates Only: Beware Health Care Service Plans!

Hanson Bridgett on

On February 19, 2025, the California Court of Appeal published a decision, Lin v. Board of Directors of PrimeCare Medical Network, Inc., 108 Cal.App.5th 1163, emphasizing California Business and Professions Code’s requirement...more

McGlinchey Stafford

Like A Good Neighbor…Not So Fast, Says 5th Circuit

McGlinchey Stafford on

The U.S. 5th Circuit Court of Appeals gave a big win to the EPA when it upheld a Biden-era ozone ruling affecting Louisiana and Texas, but there was also a set-back for the EPA when the Court both upheld the ability of such...more

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