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Over Thirty Years after its Passage, Governments are Still Adjusting to the Effects of Colorado’s Taxpayer Bill of Rights... Less than a month into the second regular session of the 75th General Assembly, discussion of...more
Late last year a federal judge ruled that the tax sale system used by Cook County is unconstitutional, violating both the Fifth Amendment and Eighth Amendment. Cook County conducts an annual sale for properties with...more
The striking down of Texas’ law could set up broader constitutionality assessment for pro- and anti-ESG laws nationwide....more
On Feb. 6, a divided panel of the United States Court of Appeals for the Fifth Circuit upheld the Trump Administration’s policy to detain a large class of individuals targeted for deportation without the opportunity for bond,...more
Dickens’s Bleak House has long stood as an exemplar for the perils of interminable litigation where no one benefits (except, perhaps, the lawyers; see Jarndyce v. Jarndyce). In a case already somewhat notorious for its...more
Le 30 janvier 2026, la Cour d’appel fédérale (la « Cour d’appel ») a rendu une décision unanime dans l’affaire Canada (Procureur général) c. Coalition pour une utilisation responsable du plastique, rejetant la demande de...more
Fiscal year (FY) 2025 was a groundbreaking year for the False Claims Act (FCA) in several respects. Recoveries under the statute reached an all-time high of nearly $7 billion, more than double those in each of the prior...more
In a first-of-its-kind ruling on Oregon’s Plastic Pollution and Recycling Modernization Act (RMA or the Act), U.S. District Court Judge Michael Simon on February 6 ordered the Oregon Department of Environmental Quality (DEQ)...more
On February 6, 2026, in National Association of Diversity Officers in Higher Education v. Trump, the U.S. Court of Appeals for the Fourth Circuit vacated a nationwide preliminary injunction that had temporarily blocked key...more
When the government approves a private development that diminishes neighboring property values, can a property owner maintain a takings claim? According to a recent California court decision, the answer is no – governmental...more
In January, the U.S. Court of Appeals for the Ninth Circuit ruled 3-0 that the Dormant Commerce Clause does not prohibit states from imposing residency requirements for obtaining marijuana business licenses. The court found...more
On February 6, a federal judge in Oregon quietly issued a two‑page order that might have initially appeared to be a mundane procedural ruling, but it wasn’t. That order enjoined Oregon’s sweeping Extended Producer...more
Government gets a rare win relating to DEI executive orders. A three-judge panel of the U.S. Court of Appeals for the Fourth Circuit has ruled that two of President Trump’s executive orders targeting Diversity, Equity...more
On February 6, 2026, The U.S. Court of Appeals for the Fourth Circuit issued a final published opinion vacating the district court’s preliminary injunction against several elements of Executive Order 14151, Ending Radical and...more
In the past, a new presidential administration meant the beginning of a series of National Labor Relations Board (NLRB or Board) decisions that overruled prior precedents. While the White House flipped in January 2025, the...more
It’s hardly a win for the little guy against The Man, but in San Patricio County Appraisal District v. Gunvor USA LLC (consolidated with a similar suit against Devon Gas Services, agent for Glencore Ltd.), a Texas court...more
On February 6, 2026, the U.S. District Court for the District of Oregon issued a critical ruling in National Association of Wholesaler-Distributors (NAW) v. Feldon, a case challenging Oregon’s landmark Plastic Pollution and...more
In April 2025, Attorney General Pam Bondi signaled the Department of Justice’s (the “Department” or “DOJ”) heightened interest in pursuing “improper leaks” of “protected” government information and, to do so, relaxed DOJ’s...more
A middle school assistant principal was demoted to a teaching position after his Facebook post containing slurs and violent language relating to the Democratic National Convention. The Ninth Circuit Court of Appeals held that...more
On January 16, 2026, DOJ released its annual report on FCA enforcement statistics for the 2025 fiscal year. The report reveals over $6.8 billion in settlements and judgments—the highest single‑year total and over double the...more
Recently, the State of New York filed a motion to dismiss an amended complaint in a putative class action lawsuit challenging the constitutionality of New York’s Foreclosure Abuse Prevention Act (FAPA)...more
When the New York Legislature decided to prohibit the sale of bodybuilding and weight-loss supplements to minors, it directed the state health department to promulgate a list of covered ingredients. The governor vetoed the...more
Policymakers at the federal, state, and local levels have questioned whether investment decisions can or should hinge on environmental, social, and governance (ESG) factors, with courts in Texas a particular hotspot for...more
In 2025, the U.S. Department of Justice (“DOJ”) wielded the False Claims Act (“FCA”) to obtain the highest dollar value of settlements and judgments in the statute’s history: $6.8 billion....more
We previously reported on a district court's dismissal of a class action lawsuit against a baby food manufacturer in which plaintiffs alleged that the baby food contained harmful levels of heavy metals. ("Economic Harm Claims...more