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Supreme Court of the United States › Statutory Authority › Appeals

The United States Supreme Court is the highest court of the United States and is charged with interpreting federal law, including the United States Constitution. The Court's docket is largely discretionary... more +
The United States Supreme Court is the highest court of the United States and is charged with interpreting federal law, including the United States Constitution. The Court's docket is largely discretionary with only a limited number of cases granted review each term.  The Court is comprised of one chief justice and eight associate justices, who are nominated by the President and confirmed by the Senate to hold lifetime positions. less -
Venable LLP

Judge Rejects President Trump’s “At-Will” Firing of Democratic FTC Commissioner

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A U.S. district judge in the District of Columbia held on July 17 that President Trump did not have statutory authority to remove FTC commissioner Rebecca Kelly Slaughter without cause. ...more

Jenner & Block

Client Alert: Federal Circuit Denies Rehearing in Takings Case on Eviction Moratorium

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In a win for landlords, on June 6th, 2025, the Federal Circuit denied the government’s petition for panel rehearing and rehearing en banc in Darby Development Company, Inc. v. United States. Darby arose out of a nationwide...more

McDermott Will & Emery

FedEx Defeats Government’s Loper Bright Gambit

McDermott Will & Emery on

On February 13, 2025, a Tennessee federal district court handed FedEx Corporation its second win in a refund action involving the application of foreign tax credits to what are known as “offset earnings.”[1] Offset earnings...more

Holland & Knight LLP

Supreme Court Hears Oral Argument in Nuclear Waste Storage Cases

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The U.S. Supreme Court on March 5, 2025, heard oral argument in two cases related to the U.S. Nuclear Regulatory Commission's (NRC) authority to license temporary spent fuel storage facilities that are not co-located with a...more

Pierce Atwood LLP

Split D.C. Circuit Discards CEQ’s NEPA Regulations

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On November 12, 2024, a split panel of the D.C. Circuit Court of Appeals declined to address whether the FAA complied with the White House Council on Environmental Quality (CEQ) NEPA regulations because those regulations are...more

Pillsbury Winthrop Shaw Pittman LLP

DC Circuit Rules White House CEQ Lacks Authority to Issue Binding NEPA Regulations

Pillsbury Winthrop Shaw Pittman LLP on

The White House Council on Environmental Quality (CEQ) lacks statutory authority to issue binding regulations implementing the National Environmental Policy Act (NEPA). While the decision does not invalidate any actions...more

Eversheds Sutherland (US) LLP

In Rawat, DC Circuit construes the Code and regulations without deference, providing an example of statutory and regulatory...

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On July 23, 2024, the United States Court of Appeals for the District of Columbia Circuit (Court of Appeals) released a decision in Rawat v. Commissioner (available here). The case considers whether the portion of a non-US...more

Schwabe, Williamson & Wyatt PC

Future of Non-Compete Agreements Uncertain After July Court Decisions

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The Federal Trade Commission has issued a final rule that largely bans all post-employment non-compete agreements, with limited exceptions. Two decisions in July addressed the FTC’s ban. One found the ban on post-employment...more

Bass, Berry & Sims PLC

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

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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

McDonnell Boehnen Hulbert & Berghoff LLP

Cuozzo Speed Technologies, LLC v. Lee (2016) -- Question 2 -- PTAB Shenanigans and Reviewability

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The saga of the first-filed IPR petition (IPR2012-00001) came to a close today when the Supreme Court decided the Cuozzo Speed Technologies, LLC v. Lee case. We have been following this case ever since the PTAB issued its...more

McDonnell Boehnen Hulbert & Berghoff LLP

Cuozzo Speed Technologies, LLC v. Lee

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The Supreme Court on Friday granted certiorari to review the Federal Circuit's decision that the U.S. Patent and Trademark's Patent Trial and Appeal Board was entitled to perform claim construction in inter partes review...more

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