On June 8, 2023, the U.S. Supreme Court decided Dubin v. United States, No. 22-10, holding § 1028A(a)(1), aggravated identity theft, is violated when the defendant’s misuse of another person’s means of identification is at...more
On June 8, 2023, the U.S. Supreme Court decided Allen v. Milligan, Nos. 21-1086 & 21-1087, holding that Alabama’s redistricting plan adopted for the 2022 congressional elections likely violated Section 2 of the Voting Rights...more
Under the timeline imposed by the EU’s Directive of the European Parliament and of the Council on Representative Actions for the Protection of the Collective Interests of Consumers, the EU’s 27 member states were required to...more
3/2/2023
/ Class Action ,
Collective Redress ,
Consumer Fraud ,
Corporate Counsel ,
EU ,
France ,
Germany ,
Macedonia ,
Member State ,
Netherlands ,
Portugal ,
UK
On September 28, 2022, the European Commission adopted two proposals that adapt liability rules to the digital age, circular economy and the impact of global value chains. These proposals are related to (i) the Revised...more
On June 29, 2022, the U.S. Supreme Court decided Oklahoma v. Castro-Huerta, No. 21-429, holding that the State of Oklahoma has concurrent jurisdiction to prosecute crimes committed by non-Indians against Indians in Indian...more
On June 30, 2022, the U.S. Supreme Court decided West Virginia v. Environmental Protection Agency, No. 20-1530, holding that the Environmental Protection Agency does not have the authority to require existing coal-fired power...more
On June 27, 2022, the U.S. Supreme Court decided Kennedy v. Bremerton School District, No. 21-418, holding that a football coach’s quiet prayers of thanks after three football games were protected under the Free Exercise and...more
Is the decision to submit a 510(k) application versus a Premarket Application (PMA) at the sole discretion of a medical device manufacturer? The answer is not always clear to product liability lawyers, judges, and juries. FDA...more
How demanding is the causation standard in a California failure to warn claim when a learned intermediary testifies that he would have read and incorporated more stringent warnings if they had been available? Is the plaintiff...more
On March 15, 2022, the Georgia Supreme Court revived a negligent design claim that had been brought against Snapchat, Inc. (n/k/a Snap, Inc.) involving Snap’s “Speed Filter.” As one of the few decisions across the country...more
4/1/2022
/ Appeals ,
Causation ,
Design Defects ,
Electronics ,
GA Supreme Court ,
Mobile Apps ,
Motion to Dismiss ,
Remand ,
Reversal ,
Snapchat ,
Software
On March 31, 2022, the U.S. Supreme Court decided Badgerow v. Walters, No. 20-1143, reversing the Fifth Circuit, and holding that federal courts may only look to the application to confirm or vacate an arbitral decision in...more
A frequent and vexing issue for corporate defendants, in products liability and other cases, is the demand for a deposition of the company’s CEO or depositions of other senior executives. Even when these executives were not...more
On June 29, 2021, the U.S. Supreme Court decided PennEast Pipeline Co. v. New Jersey, No. 19-1039, holding that the Federal Government had properly delegated to private companies federal authority to condemn necessary...more
6/30/2021
/ Certificate of Public Convenience and Necessity ,
Condemnation ,
Easements ,
Eminent Domain ,
FERC ,
Natural Gas ,
Natural Gas Act ,
PennEast Pipeline Co. v New Jersey ,
Pipelines ,
Right of Way ,
SCOTUS ,
Sovereign Immunity ,
Takings Clause
On June 25, 2021, the U.S. Supreme Court decided HollyFrontier Cheyenne Refining LLC v. Renewable Fuels Association, No. 20-472, holding that a small refinery can apply for a hardship exemption from the Environmental...more
On April 29, 2021, the U.S. Supreme Court decided Niz-Chavez v. Garland, holding that, to constitute a notice to appear sufficient to stop a nonpermanent resident alien’s continuous presence in the country under 8 U.S.C. §...more
On January 14, 2021, the U.S. Supreme Court decided Chicago v. Fulton, holding that mere retention of a debtor’s property after the filing of a bankruptcy petition does not violate the automatic stay provided by §362(a) of...more
Out with the old, in with the new: the Florida Supreme Court closed out 2020 with a key decision that eliminates Florida’s previous summary judgment standard in favor of the federal standard articulated in the Celotex...more
On June 18, 2020, the U.S. Supreme Court decided Department of Homeland Security v. Regents of the University of California, holding that the Department of Homeland Security’s rescission of Deferred Action for Childhood...more
6/22/2020
/ Administrative Procedure Act ,
Arbitrary and Capricious ,
Citizenship ,
DACA ,
Department of Homeland Security (DHS) ,
Department of Homeland Security v Regents of the University of California ,
Educational Institutions ,
Path To Citizenship ,
Rescission ,
SCOTUS ,
Trump Administration ,
Trump v NAACP ,
USCIS ,
Wolf v Vidal ,
Work Permits
On March 23, 2020, the U.S. Supreme Court decided Allen v. Cooper, No. 18-877, holding that the Copyright Remedy Clarification Act of 1990 (CRCA) lacks a valid constitutional basis to strip the states of their sovereign...more
On March 23, 2020, the U.S. Supreme Court decided Comcast Corporation v. National Association of African American-Owned Media, No. 18-1171, holding that the but-for causation standard applies to claims of racial...more