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Civil Procedure Constitutional Law

Read Civil Procedure updates, alerts, news, and legal analysis from leading lawyers and law firms:

Supreme Court Declines Review of Standing in Data Breach Class Actions

by Carlton Fields on

Counsel hoping for Supreme Court guidance on standing issues dividing the circuit courts will have to wait a bit longer. On February 20, the Court denied a petition for writ of certiorari in Attias v. CareFirst to resolve a...more

Church Provides No Sanctuary: Sixth Circuit’s FDCPA Decision May Breathe New Life into TCPA Spokeo Arguments

by Dorsey & Whitney LLP on

A number of Circuit Courts of Appeal have addressed Spokeo challenges to consumer protection statutes in the 646 days (and counting) since the U.S. Supreme Court handed down Spokeo, Inc. v. Robins, ––– U.S. ––––, 136 S. Ct....more

Toyota Requests Adverse Judgment After University of Minnesota is Dismissed from IPR on the Basis of Sovereign Immunity

by Knobbe Martens on

A closely watched case on sovereign immunity, Reactive Surfaces Ltd., LLP, v. Toyota Motor Corp., IPR2017-00572, has now been terminated by the patent owner’s request for adverse judgment....more

Court Dismisses Credit Union’s Challenge to Mulvaney’s Appointment

by Weiner Brodsky Kider PC on

A federal court has dismissed a lawsuit filed by a New York credit union that challenged the President’s appointment of Mick Mulvaney as the Acting Director of the CFPB. The credit union had sought a declaratory judgment...more

Ag-Gag Law Update

by Husch Blackwell LLP on

On January 16, 2018, we updated our blogging on so-called “ag-gag” laws – statutes designed to prevent undercover recording of unlawful practices on farms and processing centers. ...more

Court Agrees, Agencies Overstepped Their Authority. What’s Next for CLO Managers?

by White & Case LLP on

Recent Developments in the Application of US Risk Retention to CLOs - On February 9, 2018, the United States Court of Appeals for the District of Columbia Circuit (the "DC Circuit Court") issued an opinion addressing...more

Spokeo IV: Cert Denied and the Circuit Splits Left Behind

by Bryan Cave on

On January 22, 2018, the United States Supreme Court denied a petition for writ of certiorari in Spokeo v. Robins – bringing an end to an appellate saga that started in the Ninth Circuit Court of Appeals before heading up to...more

D.C. Circuit Upholds CFPB’s Constitutionality: Why the PHH Case Underscores the Importance of Internal Agency Discipline

by Dorsey & Whitney LLP on

On January 31, the U.S. Court of Appeals for the D.C. Circuit issued a plurality opinion en banc that confirmed the constitutionality of the Consumer Financial Protection Bureau’s (“CFPB”) governance by a sole Director, while...more

Supreme Court Will Not Look at Spokeo Again, Leaving Lower Courts to Grapple with Article III Uncertainties

by Foley & Lardner LLP on

On January 22, 2018, the United States Supreme Court, quietly and without commentary, declined to review the Ninth Circuit Court of Appeals’ recent decision in the storied Spokeo, Inc. v. Robins case. In 2016, the Supreme...more

11th Circuit Affirms Dismissal of Ex-NFL Coach's Defamation Action

by Ballard Spahr LLP on

A federal appeals court has ruled that a former Miami Dolphins coach—accused of bullying a player—did not have a valid defamation claim against a law firm that investigated the team's locker room culture....more

Washington Redskins’ Us Trademark Registrations Reinstated By The Fourth Circuit

by Ladas & Parry LLP on

On January 18, 2018, the U.S. Court of Appeals for the Fourth Circuit reinstated the Washington Redskins’ federal trademark registrations originally cancelled by the Trademark Trials and Appeals Board (“TTAB”) in 2014 in...more

Supreme Court Rejects Spokeo Review

Once was enough, the U.S. Supreme Court signaled when it denied a writ of certiorari filed by Spokeo, Inc., seeking further clarification on Article III standing....more

Sovereign Immunity for State Plaintiffs in Antitrust Class Actions?

The Third Circuit recently denied a petition for rehearing en banc a panel’s earlier decision in the In re Flonase Antitrust Litigation. In that case, the panel decision addressed the degree to which class settlements can...more

Five amicus briefs filed in support of English appeal

by Ballard Spahr LLP on

Five amicus briefs have been filed in the U.S. Court of Appeals for the D.C. Circuit in support of Leandra English. Ms. English has appealed the district court’s denial of her preliminary injunction motion in her action...more

Web Exclusive: January 2018: The Top 18 Labor And Employment Law Stories

by Fisher Phillips on

It’s hard to keep up with all the recent changes to labor and employment law. While the law always seems to evolve at a rapid pace, there were an unprecedented number of changes each month in 2017—and if January is any...more

Just Before the Super Bowl, the D.C. Circuit in PHH Mortgage gives Industry a Field Goal, Withholds Touchdown

Following nearly three years of litigation, the D.C. Circuit handed down a 7 to 3 ruling in PHH Corp. v. Consumer Financial Protection Bureau. The two hundred fifty page opinion addressed not only the constitutional...more

Arizona Court of Appeals Declares Trial Court's Media Restrictions Unconstitutional

by Ballard Spahr LLP on

The Arizona Court of Appeals issued a unanimous opinion late last month reaffirming the strict requirements for limiting the media's ability to disseminate public information and strongly cautioning trial courts against...more

Win Some, Lose Some: Trump Gets A Loss And A Win In The Fight To Control The CFPB

by Seyfarth Shaw LLP on

Seyfarth Synopsis: One court upholds protection of Dodd-Frank limiting the President’s removal authority, while another court stifles a challenge against Mulvaney serving as acting Director of CFPB....more

American Citizen Secures Aboriginal Rights in Canada

The British Columbia Supreme Court (BCSC) affirmed in R. v. DeSautel (DeSautel) that the constitutional protection of aboriginal rights in s. 35 of the Constitution Act, 1982 extends to an aboriginal group that resides in the...more

B.C.’s Bitumen Blockade: Selected Legal Options Available to Producers and Shippers

Recently, the Government of British Columbia released an announcement to consider a series of proposed measures to restrict the shipment of diluted bitumen from Alberta oil sands operations by rail or pipelines, setting the...more

Allenhurst, NJ Sued Under RLUIPA One Day and Settles the Next

The Borough of Allenhurst, New Jersey has settled a lawsuit against an Orthodox Jewish group just one day after the group filed suit in federal court alleging violations of RLUIPA’s unreasonable limits and exclusions and...more

Abbvie Inc. v. Medimmune Limited

by Knobbe Martens on

Federal Circuit Summaries - Before Prost, Dyk and Chen. Appeal from the United States District Court for the Eastern District of Virginia. Summary: A party may not seek a declaratory judgment to obtain piecemeal...more

Federal Circuit Bleeps Lanham Act Ban on Immoral or Scandalous Marks

by McDermott Will & Emery on

Following the Supreme Court of the United States’ 2017 decision in Matal v. Tam (i.e., the Slants case) finding the proscription on the registration of disparaging trademarks under § 2(a) of the Lanham Act to be an...more

State Waived Sovereign Immunity by Asserting Challenged Patents in District Court

by McDermott Will & Emery on

In a rare order by an expanded panel that included the chief, deputy chief and vice chief judges, the Patent Trial and Appeal Board (PTAB) denied the patent owner’s motions to dismiss based on sovereign immunity under the...more

U.S. Supreme Court Decides Tolling Provision Stops the Clock

by Weiner Brodsky Kider PC on

The U.S. Supreme Court recently held, in a 5-4 decision, that the federal supplemental jurisdiction statute’s tolling provision stops the clock on the statute of limitations for state claims joined with a federal claim during...more

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