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US Supreme Court Hears Oral Arguments in Challenge to Chevron Deference

The US Supreme Court recently debated the future of the legal precedent known as Chevron deference in two separate cases arising out of the National Marine Fisheries Service’s statutory interpretation of the Magnuson-Stevens...more

Religious Accommodations: Us Supreme Court Heightens Undue Hardship Standard

The US Supreme Court issued a unanimous decision on June 29, 2023 in Groff v. DeJoy, revising the standard for undue hardship in the context of religious discrimination claims brought under Title VII. The Court held that an...more

Us Supreme Court: Affirmative Action in College Admissions Must Come to an End

The US Supreme Court issued a landmark decision on June 29, 2023 regarding challenges to race-conscious admissions programs at Harvard University and the University of North Carolina (UNC). In a 6–3 decision split along...more

Fifth Circuit Mifepristone Pile-on Decision: A Judicial Double Attack on FDA

While the US Court of Appeals for the Fifth Circuit has temporarily stayed the Texas district court’s ruling invalidating the US Food and Drug Administration’s (FDA’s) approval of mifepristone, the decision will still...more

Fifth Circuit: Solvent-Debtor Exception Is Alive and Well

A panel of the US Court of Appeals for the Fifth Circuit issued its long-anticipated decision in the Ultra Petroleum make-whole and post-petition interest dispute, with the majority holding that the solvent-debtor exception...more

Fifth Circuit Vacates Civil Money Penalty, Finds MD Anderson in Compliance with HIPAA

The US Court of Appeals for the Fifth Circuit issued its ruling in the landmark HIPAA case between The University of Texas MD Anderson Cancer Center (MD Anderson) and the US Department of Health and Human Services (HHS). The...more

Is the ACA’s Viability at Risk? Thoughts in Anticipation of the California v. Texas Supreme Court Argument

As the nation has turned its attention to fighting a global pandemic and the very real, human cost associated with that fight, the decade-old battle over the Affordable Care Act (ACA) is once again in the limelight. On...more

Constitutional Challenges to State Actions in Response to COVID-19

State government actions in response to the coronavirus (COVID-19) pandemic—from closing businesses and limiting travel to lifting those restrictions—raise potential constitutional questions. Federal lawsuits challenging the...more

Supreme Court Adopts Broad Interpretation of Primary Liability in SEC Antifraud Case

In a decision beneficial to the US Securities and Exchange Commission, the US Supreme Court has affirmed that those persons who disseminate statements containing material misrepresentations or omissions are primarily liable...more

Supreme Court Denies Certiorari Petition in Madden Case

Although it is reasonably unlikely that other circuit courts will follow the Second Circuit decision, it is uncertain whether application of the Madden case in the Second Circuit will be confined to its facts....more

DOJ Delays ADA Regulations For The Accessibility Of Private Websites To 2018

As litigation continues to surge, private businesses await clarity on whether access to people with disabilities under Title III is required for websites. Claims that websites are inaccessible to persons with hearing and...more

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