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Regulatory Requirements › Appellate Courts

Hendershot Cowart P.C.

EKRA Gets Its Second Major Court Test: What the Schena Decision Means for Lab Marketing and Sales Compensation

Hendershot Cowart P.C. on

On July, 11, 2025, the Ninth Circuit Court of Appeals affirmed laboratory operator Mark Schena’s conviction under Eliminating Kickbacks in Recovery Act (EKRA). This is the first time a higher court has addressed the lab...more

Woods Rogers

New Requirements for Briefs Amicus Curiae in the Court of Appeals of Virginia and Supreme Court of Virginia

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The Supreme Court of Virginia adopted amendments to the Rules concerning non-parties filing an amicus curiae brief in the Court of Appeals of Virginia or the Supreme Court of Virginia. (Rules 5:30, 5A:23) These amendments go...more

Constangy, Brooks, Smith & Prophete, LLP

Appellate court orders disclosure of contractors’ EEO-1 Reports

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The Ninth Circuit rules that FOIA does not protect data from disclosure.  As we previously reported, the Center for Investigative Reporting and its reporter Will Evans are battling the U.S. Department of Labor over its...more

Faegre Drinker Biddle & Reath LLP

Florida Courts of Appeal Scrutinizing Punitive Damages Claims

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It is not uncommon for a product liability plaintiff to base a claim for punitive damages on little more than the same allegations that undergird a strict liability or negligence claim, while adding that the defendant knew...more

Shook, Hardy & Bacon L.L.P.

Proposition 12 in the Crosshairs—Again: With Cert Denied in IPPA and a New Federal Lawsuit Filed, the Legal Battle Continues

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It has been just over a year since the U.S. Supreme Court rebuffed a challenge to California’s controversial Proposition 12, which prohibits the sale of certain meat products within the state unless the animals were raised...more

Bradley Arant Boult Cummings LLP

Fourth Circuit Ruling Provides New Guidance as to Furnishers’ Duty to Investigate Legal Disputes Under the FCRA

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The Fair Credit Reporting Act (FCRA) has been a notoriously active area for litigation, especially class-action litigation, in recent years. One issue that continues to be litigated in FCRA cases involving data furnisher...more

Bradley Arant Boult Cummings LLP

We Never Know How High We Are Until We Are Called to Rise: Protecting Alabama’s Medical Cannabis Program

Bradley Arant Boult Cummings LLP on

There’s a great scene in the movie Wall Street when the up-and-coming Charlie Sheen (pre-Tiger Blood and now that I think about it maybe the precursor to the “winning!” mantra that seems to resonate today) is playing the role...more

Vorys, Sater, Seymour and Pease LLP

Ohio Appellate Court Holds Commission’s Approvals of Nominations for Leasing State Lands Are Not Subject to Appeal

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Recently, in Save Ohio Parks v. Oil & Gas Land Mgt. Comm., 2025-Ohio-847, Ohio’s Tenth District Court of Appeals held that R.C. 119.12 does not provide a right to appeal the decisions of the Oil & Gas Land Management...more

Bradley Arant Boult Cummings LLP

Appellate Court Paves Way for Launch of Alabama Medical Cannabis Program: Watch What Happens Now

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It takes a big person to admit when they are wrong. But I’ll raise my hand and say I was wrong when I predicted that the Alabama Court of Civil Appeals would rule in favor of the Alabama Medical Cannabis Commission in late...more

Pullman & Comley, LLC

Jurisdiction 101: Connecticut Supreme Court Hands Down Win For Taxpayers

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In a victory for taxpayers across the nutmeg state, the Connecticut Supreme Court recently held in 7 Germantown Rd., LLC v. City of Danbury, No. 21024, 2025 WL 309848 (Conn. Jan. 28, 2025) (“Germantown”) that the appraisal...more

Bradley Arant Boult Cummings LLP

Never Get Out of This Maze? Or a Path Forward for Alabama’s Medical Cannabis Program?

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“The overhead view is of me in a maze.” I don’t know what it says about me that the great Trey Anastasio and Tom Marshall of Phish fame were able to encapsulate my feelings so neatly – and the feelings of so many...more

Vicente LLP

Virginia’s ‘Total THC’ Hemp Law Upheld by Fourth Circuit: What It Means for the Hemp Industry

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On January 7, 2025, the Fourth Circuit Court of Appeals issued its long-awaited decision in Northern Virginia Hemp & Agriculture v. Commonwealth of Virginia, holding that Virginia could implement “total THC” standards for...more

Foley & Lardner LLP

California Appellate Court Empowers Privacy Agency to Immediately Enforce CPRA Regulations.

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On February 9, a California appellate court issued a decisive ruling in favor of the California Privacy Protection Agency (the Agency), allowing the state to immediately begin enforcement of its new regulations, effectively...more

Benesch

Two Out Of Three Ain’t Bad: The Seventh Circuit Enters a Huge Win for the Freight Brokerage Industry

Benesch on

The freight brokerage industry began humming Meat Loaf’s 1977 power ballad earlier today when the U.S. Court of Appeals for the Seventh Circuit became the third federal appellate court to consider the extent to which...more

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