News & Analysis as of

Statutory Interpretation Appellate Courts

Proskauer - California Employment Law

“Headless” PAGA Action May Proceed In Court

CRST Expedited, Inc. v. Superior Court, 2025 WL 1874891 (Cal. Ct. App. 2025) - Espiridion Sanchez filed this PAGA action against his former employer on behalf of himself and other allegedly “aggrieved employees.”...more

CDF Labor Law LLP

CA’s Fifth Appellate District Wades Into “Headless” PAGA Debate

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While we are waiting for the CA Supreme Court in Leeper v. Shipt to address whether “headless” PAGA claims (i.e., where PAGA representative plaintiffs disavow the “individual” portion of a PAGA claim) are a permissible end...more

Littler

Courts Clarify California Whistleblower Law

Littler on

Earlier this month, the Court of Appeal and the California Supreme Court provided helpful guidance on whistleblower retaliation cases. The Court of Appeal addressed who is a prevailing party entitled to fee and cost recovery...more

Clark Hill PLC

California’s Fourth Appellate District provides much-needed clarity for summary judgment motions

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In the landscape of California civil litigation, few procedural devices carry the weight, complexity, and consequence of a motion for summary judgment (MSJ). Governed by California Code of Civil Procedure § 437c (which sets...more

Arnall Golden Gregory LLP

AGG Supports GHA and MAG in Latest Successful Step to Cap Wrongful Death Damages

On June 24, 2025, the Supreme Court of Georgia vacated the Georgia Court of Appeals’ decision refusing to apply Georgia’s $350,000 damages cap to reduce a $7.2 million award of wrongful death damages in a medical malpractice...more

Seyfarth Shaw LLP

PAGA Paraphrased – CRST Expedited, Inc. v. Super. Ct.

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The Fifth District Court of Appeal held that under pre-reform PAGA, headless PAGA actions in which plaintiffs seek civil penalties only on behalf of other employees and not for violations they personally experienced are...more

Smith Anderson

Court of Appeals Decision Adds to Evolving Marketable Title Act Framework

Smith Anderson on

In a recent unpublished decision, the North Carolina Court of Appeals provided further insight into how restrictive covenants interact with the state’s Marketable Title Act....more

Warner Norcross + Judd

Appeals Court Clarifies Limits on Deportation Following Denaturalization for Fraud

On June 11, the U.S. Court of Appeals for the Sixth Circuit vacated a removal order, holding that a naturalized U.S. citizen could not be deported following denaturalization for fraud, where he failed to disclose a recent...more

McGinnis Lochridge

26-Step Mechanical Framework For Interpreting Deeds? Texas courts reject "mechanical" deed interpretation while creating a 28-step...

McGinnis Lochridge on

The El Paso Court of Appeals recently published an opinion that provides what might be characterized as 26-step step system for analyzing a deed that (perhaps inadvertently) highlights a growing irony in Texas jurisprudence....more

Brownstein Hyatt Farber Schreck

Brownstein Appeals Case to the United States Supreme Court

On June 26, 2025, Brownstein filed a Petition for a Writ of Certiorari to the United States Supreme Court, seeking review of a Ninth Circuit Court of Appeals decision regarding the Fair Debt Collection Practices Act (FDCPA)....more

Hogan Lovells

Supreme Court sets new rules for Clean Air Act lawsuits

Hogan Lovells on

In Environmental Protection Agency v. Calumet Shreveport Refining, L.L.C., the Supreme Court set out the test for determining the proper venue for judicial review of EPA actions under the Clean Air Act (CAA). Challenges to...more

Polsinelli

In TCPA Case, SCOTUS Rules District Courts Are Not Bound by Final FCC Orders

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Key Takeaways: The U.S. Supreme Court has ruled that the Hobbs Act does not require district courts in civil enforcement proceedings to follow federal administrative agencies’ legal interpretations of federal statutes....more

Littler

Remand Rules: Oregon Supreme Court Clarifies What You Can Appeal

Littler on

On June 24, 2025, the Oregon Supreme Court held in Crosbie v. Asante that a trial court order of the scope of issues to be retried after reversal and remand cannot be immediately appealed....more

Troutman Amin LLP

A SHARP DISSENT: A Review Of The Dissent’s Take On The Supreme Court’s Ruling In McLaughlin.

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In McLaughlin Chiropractic Assocs., Inc. v. McKesson Corp., No. 23-1226, 2025 WL 1716136 (U.S. June 20, 2025), the Supreme Court determined that the Hobbs Act does not bind district courts in civil enforcement proceedings to...more

Orrick, Herrington & Sutcliffe LLP

U.S. Supreme Court holds district courts are not bound by agency interpretations in civil enforcement proceedings

On June 20, the U.S. Supreme Court reversed and remanded a lower court decision, holding that the Hobbs Act does not bind district courts in civil enforcement proceedings to an agency’s interpretation of a statute. In this...more

Goldberg Segalla

Venue Matters: Supreme Court Clarifies Where Clean Air Act Cases Belong

Goldberg Segalla on

On June 18, the U.S. Supreme Court issued two decisions that clarify a deceptively simple question under the Clean Air Act: Where should lawsuits challenging EPA actions be filed? The rulings – EPA v. Calumet Shreveport...more

Buckingham, Doolittle & Burroughs, LLC

Recent Sixth Circuit and Ohio Federal Court Interpretations of the Defend Trade Secrets Act vis-a-vis the Ohio Uniform Trade...

This article constitutes the first of a multi-part series which will analyze how recent Sixth Circuit Court of Appeals and Ohio Federal Courts address and analyze the Defend Trade Secrets Act, 18 U.S.C. § 1836, et seq....more

Perkins Coie

US Supreme Court’s Esteras Ruling on Factoring “Retribution” Into Supervised Release Decisions Will Likely Have Limited Practical...

Perkins Coie on

The Supreme Court of the United States’ decision last week in Esteras v. United States restricted the factors lower courts may consider in imposing prison sentences following supervised release revocations. Those awaiting the...more

McGlinchey Stafford

SCOTUS: Choose the Right Venue in Clean Air Act Issues

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On June 18th, the U.S. Supreme Court issued two rulings determining where challenges to Environmental Protection Agency (EPA) actions under the Clean Air Act must be filed. The Court held challenges to EPA actions that are...more

Holland & Knight LLP

Up in the Air: SCOTUS Creates New Venue Test for Clean Air Act Cases

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The U.S. Supreme Court issued a pair of decisions in EPA v. Calumet Shreveport Refining and Oklahoma v. EPA on June 18, 2025, resolving two related circuit splits regarding proper venue for challenging certain U.S....more

Felicello Law PC

Writing to Win: What Makes an Effective Appellate Brief

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In civil litigation, the trial court’s judgment is often not the last word. If you lose at that the trial court, you may still have a chance to prevail if you can convince the appellate court that the trial court judge...more

WilmerHale

SCOTUS to Decide the Scope of Federal Officer Removal for Federal Contractors

WilmerHale on

On Monday, June 16, 2025, the U.S. Supreme Court granted certiorari in Chevron U.S.A. Inc. v. Plaquemines Parish, a case about the extent to which federal contractors can remove lawsuits to federal court under the federal...more

ArentFox Schiff

Supreme Court Clarifies Venue Rules for Clean Air Act Challenges

ArentFox Schiff on

US Supreme Court Clean Air Act (CAA) decisions often result in big-picture changes to administrative law. Two CAA decisions this term deal with CAA’s venue-related provisions which specify where cases challenging US...more

Brownstein Hyatt Farber Schreck

Courts No Longer Have to Follow FCC Rulings

In a landmark decision released on June 20, the U.S. Supreme Court ruled 6-3 that the Hobbs Act does not require federal district courts to treat Federal Communications Commission (FCC) orders as binding precedent in private...more

Conn Maciel Carey LLP

D.C. Circuit Rejects NLRB’s “Irrational” View of Impasse

Conn Maciel Carey LLP on

Last week in Troy Grove v. NLRB, No. 23-1164 (D.C. Cir., June 13, 2025), the United States Court of Appeals for the D.C. Circuit delivered a sharp rebuke to the National Labor Relations Board, finding “irrational” the Board’s...more

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