Courts are supposed to decide only the necessary things. They’re supposed to avoid weighing in on issues that don’t need a decision. Those principles came to a head in the Supreme Court of Virginia last month in Rebh v...more
On November 17, 2023, the U.S. Court of Appeals of the District of Columbia Circuit (“D.C. Circuit”) denied petitions challenging FERC’s approval of recent changes to the PJM Interconnection, L.L.C.’s (“PJM”) Open Access...more
In a case of first impression, the U.S. Court of Appeals for the Ninth Circuit was tasked with determining whether the alleged extracting and retaining of consumer data and tracking of customers using an online payment...more
On November 22, the Securities and Exchange Commission (SEC) issued an order postponing the Share Repurchase Disclosure Modernization Rule (the Repurchase Rule). The SEC’s announcement followed the U.S. Court of Appeals for...more
In an interim order, the U.S. Supreme Court has temporarily stayed an order by the D.C. Circuit Court of Appeals upholding a gaming compact between the state of Florida and the Seminole Tribe of Florida, which would allow the...more
On June 20, 2023, the United States Court of Appeals for the District of Columbia Circuit, in Heating, Air Conditioning & Refrigeration Distributors Int'l v. Envtl. Prot. Agency, No. 21-1251, (D.C. Cir. June 20, 2023),...more
On August 1, the U.S. Court of Appeals for the Tenth Circuit upheld a trial court’s order granting summary judgment in favor of a debt buyer holding that claim preclusion barred the plaintiff’s claims brought under the Fair...more
In Powers v. Receivables Performance Management, LLC, the First Circuit Court of Appeals considered the defendant’s interlocutory appeal of the denial of a motion to reconsider an underlying denial of its motion to compel...more
While looking at the recoverability of damages, the High Court has taken a look at whether you can contract with yourself. When thought of in humans terms, the answer seems obvious: surely my left arm cannot contract with my...more
The U.S. Court of Appeals for the Seventh Circuit has ruled that a plaintiff in a putative class action had standing to assert FDCPA claims against the purchaser of her debt and the purchaser’s servicer based on the $3.95 she...more
Yesterday afternoon, the Supreme Court of Appeals of West Virginia issued its decision in State v. AFL-CIO and upheld the constitutionality of West Virginia's “Right-Work-Act” (the Workplace Freedom Act). Justice Jenkins...more
The Supreme Court of Appeals of West Virginia's recent decision in Musick v. University Park at Evansdale marks an important affirmation of West Virginia law on taxation of leasehold interests. It has important and positive...more
As has been reported in a number of news and industry outlets recently, West Virginia lags very far behind neighboring Ohio and Pennsylvania in developing new base load power plants that are powered and supplied by the...more
In Reed v. Exel Logistics, Inc., No. 17-0864, 2018 WL 2769041 (W. Va. June 6, 2018), the Supreme Court of Appeals of West Virginia clarified the circumstances necessary for an employer to claim overpayment of temporary total...more
A key consideration in the structuring of any business or transaction is that of tax. As stated by Lord Tomlin in the Duke of Westminster case...more
In the reportable case of Smyth v Investec Bank Ltd (674/2016) [2017] ZASCA 147, the Supreme Court of Appeal held that the beneficial owners of shares in a company are not eligible to join as co-applicants with the relevant...more
On 28 March 2017, a judgment was handed down by the Supreme Court of Appeal (SCA) regarding capital gains tax owed by a taxpayer on the proceeds of a sale agreement from 2007 that was cancelled more than three years later....more