News & Analysis as of

Statutory Interpretation Appeals

Littler

High Court Eliminates “Background Circumstances” as a Requirement in “Reverse Discrimination” Cases

Littler on

On June 5, 2025, the Supreme Court in Ames v. Ohio Department of Youth Services unanimously struck down the Sixth Circuit’s “background circumstances” rule, which had required majority-group plaintiffs to meet a heightened...more

Miller Starr Regalia

Third District Holds County Could Require Supplemental Environmental Information From Grading Permit Applicant As Condition of...

Miller Starr Regalia on

Like a gift to land use lawyers that never stops giving, the strange and wondrous interrelationship between CEQA and the Permit Streamlining Act (“PSA”; Gov. Code, § 65920 et seq) continues to inspire litigation and require...more

Troutman Pepper Locke

Fifth Circuit Finds ANR Pipeline’s Tariff Does Not Require Simultaneous Delivery for Short-Notice Shipments

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On May 22, 2025, the U.S. Court of Appeals for the Fifth Circuit (“Fifth Circuit”) addressed a dispute between ANR Pipeline Company (“ANR”) and FERC. The case centered on the interpretation of ANR’s tariff and whether it...more

Amundsen Davis LLC

U.S. Supreme Court Upholds Catholic Charity’s Religious Exemption From Wisconsin Unemployment Tax

Amundsen Davis LLC on

In a 9-0 decision authored by Justice Sonia Sotomayor, the U.S. Supreme Court overturned a ruling by the Wisconsin Supreme Court, which held that Catholic Charities Bureau Inc. (the “Charities) and its subsidiaries were not...more

ArentFox Schiff

Court Ruling Rocks the Trump Trade Strategy

ArentFox Schiff on

At a critical stage of the Trump Administration’s aggressive global trade reset, a federal court has struck down a major statutory pylon of the White House trade strategy, potentially depriving President Trump of the most...more

Constangy, Brooks, Smith & Prophete, LLP

BREAKING: SCOTUS overrules higher standard for majority group asserting bias claims

On June 5th the U.S. Supreme Court held that majority-group plaintiffs do not have to show special “background circumstances” to support a Title VII discrimination claim. ...more

DLA Piper

Puerto Rico Supreme Court Issues Key Ruling: No Automatic Deference to Administrative Agencies’ Conclusions of Law

DLA Piper on

Litigants in Puerto Rico now have an easier path to challenge administrative agencies’ determinations after the Puerto Rico Supreme Court (PRSC) ruled in Vázquez v. Consejo de Titulares, 2025 TSPR 56, that courts shall not...more

Sheppard Mullin Richter & Hampton LLP

Will the California Supreme Court Put the Heads Back on Headless PAGA Suits?

Since our last coverage of “headless PAGA lawsuits”—i.e., lawsuits in which a plaintiff disavows his individual PAGA claim and opts to pursue the claim only on behalf of others—significant developments have further...more

Rumberger | Kirk

Supreme Court Sides with Alabama Plaintiffs Caught in “Catch-22”

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In Williams v. Reed, 145 S. Ct. 465 (2025), the United States Supreme Court reversed an Alabama Supreme Court decision affirming the dismissal of plaintiffs’ Section 1983 claims for lack of jurisdiction, based on the...more

Adams & Reese

Tariff Update: Pauses, New Tariffs, and Lawsuits

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President Trump continues to expand his trade policy by announcing proposed increased tariffs, while trading partners attempt to effectuate trade deals with the US, and as President Trump’s authority to impose his initial...more

A&O Shearman

Federal Circuit Rejects PTAB’s Implicit And Incorrect Claim Construction Of “Between 1 And 10”

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On May 23, 2025, the United States Court of Appeals for the Federal Circuit (“CAFC”) issued a precedential opinion reversing a final written decision from the U.S. Patent Trial and Appeal Board (“PTAB”) finding the challenged...more

Sheppard Mullin Richter & Hampton LLP

Undetectable Amount of Magnification IS Magnification

This Federal Circuit Opinion analyzes invalidity based on anticipation and obviousness, more specifically based on implicit claim construction of the claim limitation and inherent disclosures....more

McGlinchey Stafford

Timing is Everything: Retroactive Application of the Direct Action Statute Amendment

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Louisiana’s Direct Action Statute was recently amended to remove the right of an injured person or, if deceased, the statutory beneficiaries, to bring a direct action claim against a tortfeasor’s insurer, except in certain,...more

Beveridge & Diamond PC

Clean Water Act Citizen Suits in the Spotlight: Solicitor General Calls for Supreme Court Review

Key Takeaways - Federal citizen suits are likely to become more frequent as the federal government decreases its enforcement efforts. Federal courts are split on whether Clean Water Act (CWA) citizen suits can enforce...more

Jenner & Block

Client Alert: Tariffs Cancelled By Courts—Or Are They?

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Two courts this week invalidated the tariffs issued by the President under the International Emergency Economic Powers Act (IEEPA). First, late Wednesday night (May 28), the US Court of International Trade (CIT) in V.O.S. v....more

Dorsey & Whitney LLP

The Supreme Court Update - June 2, 2025

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The Supreme Court of the United States granted certiorari in four cases today: Bost v. Illinois State Board of Elections, No. 24-568: This case involves an Illinois law that required mail-in ballots to be counted as long...more

Robinson Bradshaw

Will the Supreme Court Weigh In on Ascertainability?

Robinson Bradshaw on

We’ve written previously about courts’ differing approaches to ascertainability — an implicit requirement under Rule 23 that class members must be identifiable. A pending petition for certiorari in Career Counseling, Inc. v....more

Ice Miller

Historic Rulings on Tariffs Set Stage for Potential Supreme Court Showdown

Ice Miller on

On May 29, 2025, the U.S. District Court for the District of Columbia issued two historic rulings in the case of Learning Resources, Inc., et al., vs. Donald Trump, et al. First, it ruled that the Court of International Trade...more

Weber Gallagher Simpson Stapleton Fires &...

PEOs, Pizza Sauce, and Penalties: New York Workers’ Compensation Appellate Roundup – May 2025

Four workers’ compensation decisions came down from the Appellate Division Thursday, May 29. It was a mixed bag: two good for defense, two not so much....more

Baker Botts L.L.P.

Second Circuit Rules on Scope of VPPA Protection

Baker Botts L.L.P. on

On May 1, 2025, the United States Court of Appeals for the Second Circuit issued its decision in Solomon v. Flipps Media, Inc., affirming the dismissal of a putative class action alleging violations of the Video Privacy...more

Cozen O'Connor

U.S. Court of International Trade Enjoins IEEPA Tariffs, But Federal Circuit Stays the Injunctions

Cozen O'Connor on

On May 28, 2025, the U.S. Court of International Trade (USCIT) issued a decision vacating and permanently enjoining many of the most economically significant tariff orders issued over the past four months by President Trump....more

Kilpatrick

Still Tariffed? What the Latest Federal Court Order Blocking Tariffs and the Subsequent Court of Appeals Ruling Means for You

Kilpatrick on

Summary - Recent rulings in courts throughout the country may signal more uncertainty in the tariff landscape. Here, we provide an overview of a May 28 ruling by the U.S. Court of International Trade (“CIT”) effectively...more

Mitchell, Williams, Selig, Gates & Woodyard,...

Solar Panels/Subdivision Covenant: Missouri Appellate Court Addresses Enforcement Issue

The Missouri Court of Appeals (Southern District) (“Appellate Court”) addressed in a May 13th Opinion an issue arising out of a homeowner installing solar panels in a subdivision. See Eikmeier v. Granite Springs Home Owners...more

Wiley Rein LLP

CIT Strikes Down Trump’s IEEPA Tariffs, Federal Circuit Grants Temporary Stay

Wiley Rein LLP on

On May 28, 2025, a three-judge panel of the U.S. Court of International Trade (CIT) invalidated President Trump's tariffs declared under the International Emergency Economic Powers Act (IEEPA). The next day, the U.S. Court of...more

Vorys, Sater, Seymour and Pease LLP

Supreme Court Sides with Trump Regarding Removal of NLRB and MSPB Members, and Suggests that the Federal Reserve is Different

The United States Supreme Court has granted the Trump Administration’s request to stay United States District Court Judge Beryl Howell’s order reinstating Gwynne Wilcox to the National Labor Relations Board (NLRB) and Cathy...more

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