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Appellate Courts Constitutional Challenges

Amundsen Davis LLC

Can Employers Block NLRB Proceedings? What the Circuit Split Means for Your Organization

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There is a growing circuit split between the Third and Fifth circuits over whether employers can block National Labor Relations Board (NLRB) proceedings while raising constitutional challenges. The disagreement centers on the...more

Stevens & Lee

Third Circuit to Decide Reverse Employment Discrimination Standard for New Jersey Cases

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In Massey v. Borough of Bergenfield, argued before the U.S. Court of Appeals for the Third Circuit on Oct. 28, 2025, the parties dispute the legality of the current, employer-friendly, “background circumstances” test applied...more

Ballard Spahr LLP

DEI Executive Orders Under Fire: Two Major Appellate Court Challenges Spotlight Legal Ambiguity and Uncertainty

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Two cases involving challenges to the Trump Administration’s Executive Orders on Diversity, Equity, and Inclusion (DEI) are making waves in the federal appellate courts—each raising fundamental questions about the scope and...more

Saul Ewing LLP

Fourth Circuit Lifts Injunction on DEI Executive Orders

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On February 6, 2026, the Fourth Circuit vacated a preliminary injunction which had been in place for nearly a year and which enjoined enforcement of several provisions of two Executive Orders: "Ending Radical and Wasteful...more

Freeman Mathis & Gary

Capping catastrophe: Is Ohio’s catastrophic-injury limit constitutional?

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Last week, the Supreme Court of Ohio was asked if Ohio’s cap on noneconomic damages in medical malpractice actions was constitutional. On one side, John Paganini argued it was not as applied to him and asked the Court to...more

Davis Wright Tremaine LLP

Supreme Court Schedules Argument in FCC CPNI Civil Forfeiture Cases

The U.S. Supreme Court will hear oral argument on April 21, 2026, in two consolidated cases that could significantly alter how and when the Federal Communications Commission (FCC)—and potentially other federal agencies—may...more

Jones Day

Federal Court Finds Texas Energy Anti-Boycott Statute Unconstitutional

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The district court's ruling reopens opportunities for financial and other companies to do business with Texas state investment funds and other government entities, but the ruling may not be the final word on the issue. On...more

Bradley Arant Boult Cummings LLP

What Importers Need to Know as the Supreme Court Decides the Fate of IEEPA Tariffs

The U.S. Supreme Court is currently considering consolidated cases that will determine whether President Trump has authority under the International Emergency Economic Powers Act (IEEPA) to unilaterally impose tariffs....more

McDermott Will & Schulte

Blackbeard’s revenge: State sovereign immunity ends long running copyright battle

The US Court of Appeals for the Fourth Circuit reversed a 2021 district court ruling and vacated a subsequent 2024 ruling in a decade-long legal battle over copyright infringement claims related to the pirate Blackbeard’s...more

McDonnell Boehnen Hulbert & Berghoff LLP

Allen v. Cooper (4th Cir. 2026)

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

Proskauer - Law and the Workplace

Fourth Circuit Allows DEI-Related Executive Orders to Proceed

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

Troutman Pepper Locke

Circuit Split Emerges on State Marijuana Residency Rules, With Ninth Circuit Finding Dormant Commerce Clause Inapplicable

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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

Constangy, Brooks, Smith & Prophete, LLP

Court lifts nationwide injunction on Trump’s DEI orders

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

Littler

Fourth Circuit Allows Implementation of DEI Executive Orders to Proceed

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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

Robinson & Cole LLP

Legal Update: The Status of the NLRB - New Year, New Uncertainty?

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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

Gray Reed

Crude Oil Traders Fend Off the Tax Man

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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

Holland & Knight LLP

Age Limits on Bodybuilding, Weight-Loss Supplements Survive First Amendment Challenge

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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

Blake, Cassels & Graydon LLP

Federal Court of Appeal Upholds Order Designating Plastics as Toxic Substances

On January 30, 2026, the Federal Court of Appeal (Court of Appeal) released its unanimous decision in Canada (Attorney General) v. Responsible Plastic Use Coalition, overturning the Federal Court’s November 2023 ruling (2023...more

Bradley Arant Boult Cummings LLP

Supreme Court Holds That Restitution Is a Criminal Penalty; Decision Portends New Constitutional Arguments

On January 20, 2026, in Ellingburg v. United States, 607 U.S. ____ (2026), the Supreme Court considered whether the Ex Post Facto Clause applies to the Mandatory Victim Restitution Act (MVRA), the statutory basis for most...more

Proskauer - Labor Relations Update

Denied: Full D.C. Circuit Declines To Review Former NLRB Member Wilcox’s Suit Challenging Her Termination

On January 28, 2026, the D.C. Circuit declined former National Labor Relations Board (“NLRB” or “Board”) member Gwynne Wilcox’s request for en banc review of its prior decision upholding her termination...more

Mayer Brown

Civil Liability - The Supreme Court of the French Judicial System Establishes a General Duty of Environmental Vigilance

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The second half of 2025 was marked by the Cour de cassation’s recognition of a general duty of vigilance in environmental matters. More precisely, by two decisions published in its official report (Cass. civ. 1st, 24...more

Maynard Nexsen

Alabama Supreme Court Appellate Alert: Decisions from January 30, 2026

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The Alabama Supreme Court issued its weekly release list on Friday, January 30, which included the following opinions of interest to the Alabama business community...more

DLA Piper

Charter Rights In Civil Contempt: Ontario Says Yes, Alberta Says No

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Section 11 of the Canadian Charter of Rights and Freedoms (the Charter) affords protections to persons "charged with an offence." But does s. 11 of the Charter apply to civil contempt proceedings in Alberta? We recently...more

Mintz - Energy & Sustainability Viewpoints

Sustainable Energy & Infrastructure Litigation Updates — February 2026

On January 9, 2026, the Ninth Circuit Court of Appeals held oral argument on the Chamber of Commerce’s challenge to California’s mandatory climate disclosure laws. These laws had been upheld by the Federal District Court, but...more

Carlton Fields

Florida Appeals Court Decisions Week of January 26 - 30, 2026

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U.S. Eleventh Circuit Court of Appeals - USA v. Rodgers - Fifth Amendment, right to silence - Hughes v. Locure - § 1983, qualified immunity - USA v. Ott - sentencing - Lewis v. Fulton Cnty Sheriff - blind inmate,...more

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