SCOTUS: Case Removed on Federal Question Grounds Must Be Remanded if Federal Claim Is Dismissed
In a seminal opinion, the United States Supreme Court held that a case removed on federal question grounds is properly remanded when the plaintiff amends his or her complaint and dismisses the federal claims.
SCOTUS Hears Arguments on Judicial Interpretation of Agency Authority Under the TCPA
On January 21, 2025, the Supreme Court heard oral arguments in McLaughlin Chiropractic Associates, Inc. v. McKesson Corporation, et al., a case and decision that may have an outsized impact on the nature of judicial review of federal agency legal interpretations. At issue before the Court was whether the Hobbs Act requires district courts to follow the Federal Communications Commission’s (FCC) interpretation that the Telephone Consumer Protection Act (TCPA) does not prohibit unsolicited advertisements via fax.
Supreme Court to Decide: Can Class Actions Be Certified If Some Class Members Lack Standing?
On January 24, 2025, the U.S. Supreme Court granted certiorari in Laboratory Corporation of America Holdings v. Davis, No. 24-304, and will attempt to resolve a circuit split regarding whether federal district courts can certify a class action under Rule 23(b)(3) of the Federal Rules of Civil Procedure if some members of the proposed class lack a cognizable injury under Article III. The Supreme Court’s decision in this matter may send shockwaves through the class action legal field and could alter how class action law is treated in the years to come.
Third Circuit Illustrates Federal Court Presumption for Exercising Concurrent Jurisdiction
Arsenis highlights just how strongly federal courts favor exercising concurrent jurisdiction with a related case pending in state court.
