5 Key Takeaways | Petitions for Expungement or Reexamination of the Trademark Modernization Act
JONES DAY TALKS®: Supreme Court Rules on Constitutionality of Administrative Patent Judges
JONES DAY TALKS®: Appointments of PTAB Judges Ruled Unconstitutional ... What Now?
In a closely watched decision, the Supreme Court has upheld the authority of the U.S. Preventive Services Task Force (Task Force), preserving the Affordable Care Act’s (ACA) requirement that health plans cover preventive...more
If the wide-ranging decisions that ended the U.S. Supreme Court’s 2024 term on Friday have anything in common, it is their length, with some of their syllabi running to five small-print pages and more, and with a plethora of...more
Today, on the last day of the 2024-2025 term, the Supreme Court of the United States issued five decisions: Trump v. CASA, Inc., No. 24A884: This case addresses whether district courts had the authority to issue...more
On June 2, 2025, the Supreme Court denied a petition for writ of certiorari filed by Alpine Securities Corporation challenging a D.C. Circuit ruling granting only limited, preliminary relief to Alpine. Alpine argued that...more
On January 10, 2025, the Supreme Court agreed to hear an appeal in Becerra v. Braidwood Management, Inc. (“Braidwood”). The case (discussed in a prior Groom alert), on appeal from the Fifth Circuit, will determine if the...more
As we anticipated in our October 17, 2024, blog, both the Government and the Relator have appealed the district court’s decision in U.S. ex rel. Zafirov v. Florida Medical Associates, LLC, et al. (Zafirov), the first case to...more
Federal Government Urges Court of Appeals to Uphold Constitutionality of FCA Qui Tam Provisions - In a brief filed earlier this week, the US federal government has urged the Eleventh Circuit Court of Appeals to uphold the...more
In October of 2024, the United States appealed the federal district court’s judgment in United States ex rel. Zafirov v. Florida Medical Associates, LLC. In that case, the court held that the statute authorizing...more
A recent Florida district court decision declared that the False Claims Act’s (FCA) qui tam provision violates the Constitution by vesting executive power in private whistleblowers (relators) that have not been appointed by...more
Mandatory disclosure obligations significantly changed for federal grant recipients, sub-recipients, and applicants on October 1, 2024. The amended federal regulation establishing these mandatory disclosures (2 C.F.R. §...more
This landmark decision, if upheld on appeal, has the potential to drastically reduce the number of False Claims Act actions brought against government contractors. A U.S. District Court in Florida held that the qui tam...more
On September 30, 2024, a federal district court in Florida held the qui tam enforcement provision of the False Claims Act (“FCA”), which permits private citizens to pursue actions in the name of and on behalf of the...more
The Zafirov decision finds that the False Claims Act qui tam provision violates Article II of the US Constitution. On September 30, 2024, in United States ex rel. Zafirov v. Florida Medical Associates LLC, Judge Kathryn...more
On September 30, 2024, Judge Kathryn Kimball Mizelle of the U.S. District Court for the Middle District of Florida issued an order in United States ex rel. Clarissa Zafirov v. Florida Medical Associates, LLC, holding that the...more
A federal court in Florida this week ruled that the qui tam provision of the False Claims Act (FCA) is unconstitutional under the Appointments Clause in Article II of the U.S. Constitution, creating an opportunity for a split...more
On September 30, 2024, in U.S. ex rel. Zafirov v. Florida Medical Associates LLC, Judge Kathryn Mizelle in the Middle District of Florida dismissed a qui tam action under the False Claims Act (“FCA”) on the basis that the...more
Last year, Justice Clarence Thomas’s dissent in United States ex rel. Polansky v. Executive Health Resources, Inc., 599 U.S. 419 (2023) (“Polansky”), resurrected an old debate about whether the False Claims Act (FCA) qui tam...more
In recent months, False Claims Act (FCA) defendants have increasingly sought to challenge the constitutionality of the statute’s qui tam provisions. This trend gained momentum following Justice Thomas’s dissent in United...more
This July, we detailed the Supreme Court’s surprising revival in United States ex rel. Polansky v. Exec. Health Resources, No. 21-1052 (S. Ct. June 16, 2023) of the question of whether the qui tam provisions of the False...more
On June 20, 2023, the Supreme Court granted certiorari to review three questions about the Securities and Exchange Commission’s (SEC’s) administrative courts...more
The U.S. Supreme Court’s landmark decision unanimously reversing the Ninth Circuit in Axon Enterprise v. Federal Trade Commission is likely to represent a monumental shift in pre-enforcement challenges to administrative...more
A Delaware-based online payday lender and its founder and CEO (collectively, “petitioners”) recently submitted a petition for a writ of certiorari challenging the U.S. Court of Appeals for the Tenth Circuit’s affirmation of a...more
The Federal Circuit’s decision on May 27, 2022 in Arthrex Inc. v. Smith & Nephew Inc. et al., set forth that Patent Commissioner, Drew Hirshfeld, was within the bounds of the U.S. Supreme Court’s United States v. Arthrex...more
In June 2021, the Supreme Court issued its decision in U.S. v. Arthrex, Inc., Nos. 19-1434, 19-1452, 19-1458 (June 21, 2021) (slip opinion). Authored by Chief Justice Roberts, the Court ruled that the statutory scheme...more
On May 27, in Arthrex, Inc. v. Smith & Nephew, Inc., the Federal Circuit agreed that the Commissioner for Patents, performing the duties of the Director of the USPTO, had the authority to decide a request for rehearing of a...more