News & Analysis as of

Appellate Courts Stays

Patterson Belknap Webb & Tyler LLP

The Divestiture Rule Explained: A Judge-Made Doctrine Doesn’t Necessarily Deprive a Lower Court of Ongoing Subject Matter...

The filing of an appeal in federal court generally divests the lower court of jurisdiction. This rule of appellate jurisdiction applies both to appeals from a district court to a court of appeals and from a bankruptcy court...more

Cozen O'Connor

U.S. Court of International Trade Enjoins IEEPA Tariffs, But Federal Circuit Stays the Injunctions

Cozen O'Connor on

On May 28, 2025, the U.S. Court of International Trade (USCIT) issued a decision vacating and permanently enjoining many of the most economically significant tariff orders issued over the past four months by President Trump....more

Carlton Fields

Fourth Circuit Applies Supreme Court’s Coinbase Decision Outside Context of Arbitration

Carlton Fields on

The Fourth Circuit Court of Appeals recently concluded that the U.S. Supreme Court’s decision in Coinbase Inc. v. Bielski is not limited to interlocutory appeals involving arbitration....more

Bergeson & Campbell, P.C.

EPA Postpones Effective Date of Certain Provisions of TCE Risk Management Rule to June 20, 2025

On April 2, 2025, the U.S. Environmental Protection Agency (EPA) announced that it is postponing the effectiveness of certain provisions of its December 17, 2024, final risk management rule for trichloroethylene (TCE) until...more

Fox Rothschild LLP

The U.S. Supreme Court Decides that Federal Courts Should Stay, Rather than Dismiss, Cases that Are Subject to Arbitration, If One...

Fox Rothschild LLP on

In May 2024, the U.S. Supreme Court decided an issue that has divided the federal courts of appeals. When the claims at issue in a federal court suit are subject to arbitration, does the court have authority to dismiss the...more

Orrick, Herrington & Sutcliffe LLP

D.C. Circuit to decide whether to stay district court Judge Jackson’s injunction in CFPB union case

As previously covered by this Orrick Insight, the U.S. District Court for the District of Columbia on March 28 enjoined the CFPB from “eliminat[ing] the agency before the Court has the opportunity to decide whether the law...more

Rothwell, Figg, Ernst & Manbeck, P.C.

Federal Circuit Denies Teva’s Request for En Banc Rehearing in Orange Book Patent Dispute

In our previous articles, we reported that the Federal Circuit affirmed the district court’s decision on December 20, 2024 ordering Teva Pharmaceuticals (“Teva”) to delist certain patents related to Teva’s ProAir® HFA...more

Sands Anderson PC

Legislation in Virginia General Assembly May Affect Appeals

Sands Anderson PC on

Senate Bill 999 has passed the Senate and been reported out of the Civil Subcommittee from the House Courts of Justice Committee. The bill, if passed by the House and signed by the Governor, would have two important...more

Orrick, Herrington & Sutcliffe LLP

DOJ contests court order blocking DOGE’s access to Treasury’s payment systems and records

On February 9, DOJ filed an emergency motion seeking to dissolve, modify or clarify a temporary restraining order issued by the U.S. SDNY, which prohibited certain political appointees and DOGE members from accessing the...more

Fox Rothschild LLP

Appellate Courts and Messy Kitchens

Fox Rothschild LLP on

Ever had to explain to a client why a sweet win in the lower courts doesn’t necessarily mean that it’s time to dig in and eat? In City of Martinsville, VA v. Express Scripts, a Fourth Circuit majority opinion used a...more

Patterson Belknap Webb & Tyler LLP

The Barton Doctrine: Suit Against Receiver Did Not Require Court Permission

The Barton doctrine provides that a court-appointed receiver cannot be sued absent “leave of court by which he was appointed.” Barton v. Barbour, 104 U.S. 126, 127 (1881). “An action against a receiver without court...more

Rothwell, Figg, Ernst & Manbeck, P.C.

Federal Circuit Stays Teva v. Amneal Ruling

In our previous article, we reported that the Federal Circuit affirmed the district court’s decision requiring Teva to delist certain patents related to its Teva’s ProAir® HFA metered-dose inhaler from the FDA’s Orange...more

Holland & Knight LLP

CTA: Government's Emergency Application to Supreme Court to Impose Stay – What's Next?

Holland & Knight LLP on

As reported by Holland & Knight on Dec. 27, 2024, companies and individuals impacted by the Corporate Transparency Act (the CTA) reasonably could have believed there was a respite from the "off again, on again, off again"...more

Bracewell LLP

Further Action From the Fifth Circuit Renders the Corporate Transparency Act Unenforceable Nationwide

Bracewell LLP on

On December 26, 2024, a merits panel for the US Court of Appeals for the Fifth Circuit (Fifth Circuit) vacated the previously reported December 23, 2024 stay, giving new life to the nationwide preliminary injunction of the...more

McNees Wallace & Nurick LLC

Continued commotion in Corporate Transparency Act compliance

Beneficial owners of reporting companies, as defined under the Corporate Transparency Act (31 U.S.C. § 5336) (the “CTA”), and anyone closely following recent activity surrounding the CTA and its Reporting Rule, are likely...more

Holland & Hart LLP

CTA Whiplash: Fifth Circuit Reinstitutes Nationwide CTA Injunction

Holland & Hart LLP on

On December 26th, just three days after the United States Court of Appeals for the Fifth Circuit effectively reinstated reporting obligations under the Corporate Transparency Act (CTA), the Fifth Circuit has now vacated its...more

Moritt Hock & Hamroff LLP

CTA Stayed Once Again – No BOI Reports Required At This Time

On December 26, 2024, the U.S. Court of Appeals for the Fifth Circuit reinstated the nationwide preliminary injunction enjoining enforcement of the Corporate Transparency Act (the “CTA”) and the rules and regulations...more

Best Best & Krieger LLP

Corporate Transparency Act Back and Forth Continues – 5th Circuit Reinstates Injunction

Best Best & Krieger LLP on

On December 26, 2024, the United States Court of Appeals for the Fifth Circuit (Fifth Circuit) vacated its December 23, 2024 order which reinstated filing obligations under the Corporate Transparency Act (CTA). The Fifth...more

Rothwell, Figg, Ernst & Manbeck, P.C.

Latest Update: Corporate Transparency Act Halted Again

Only days after lifting the nationwide preliminary injunction, the Fifth Circuit Court of Appeals vacated their decision to stay the district court’s preliminary injunction enjoining enforcement of the Corporate Transparency...more

Adams & Reese

“Christmas Chaos Continues” – Fifth Circuit Panel Blocks CTA Again as Filing Requirements Suspended

Adams & Reese on

Updated with FinCEN Response to Dec. 26 Fifth Circuit Decision - Chaos is officially the perfect word to describe the situation around the Corporate Transparency Act (“CTA”)...more

Chambliss, Bahner & Stophel, P.C.

Corporate Transparency Act Blocked Again by the Fifth Circuit

On December 26, 2024, three days after a Fifth Circuit panel lifted the nationwide preliminary injunction against enforcement of the Corporate Transparency Act (CTA), a different panel of the same court vacated the stay order...more

Neal, Gerber & Eisenberg LLP

Corporate Transparency Act Filing Requirements and Deadlines Again On Hold

On December 26, 2024, the U.S. Court of Appeals for the Fifth Circuit entered an order that has the effect of again prohibiting the enforcement of the Corporate Transparency Act (CTA) and staying all CTA filing deadlines. A...more

Proskauer Rose LLP

On Again, Off Again: Corporate Transparency Act Injunction Back in Effect

Proskauer Rose LLP on

On December 26, 2024, the Fifth Circuit of the United States Court of Appeals vacated the stay of the injunction on the Corporate Transparency Act (the “CTA”) that a panel had issued earlier in the week. As a result, the...more

White and Williams LLP

Corporate Transparency Act Déjà vu – The More Things Change The More They Stay The Same

White and Williams LLP on

The reporting requirements of the Corporate Transparency Act (“CTA”) are once again paused, according to a decision from the United States Court of Appeals for the Fifth Circuit (the “Fifth Circuit”) filed on December 26,...more

ArentFox Schiff

Does Your Neck Hurt? — Fifth Circuit Reverses Itself on Corporate Transparency Act Injunction

ArentFox Schiff on

Adding yet another chapter to the Corporate Transparency Act (CTA) saga, the US Court of Appeals for the Fifth Circuit on December 26 issued an order vacating its stay of the Texas federal district court’s preliminary...more

40 Results
 / 
View per page
Page: of 2

"My best business intelligence, in one easy email…"

Your first step to building a free, personalized, morning email brief covering pertinent authors and topics on JD Supra:
*By using the service, you signify your acceptance of JD Supra's Privacy Policy.
- hide
- hide