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Article III

Blank Rome LLP

Ninth Circuit Clarifies Class Member Standing in Healy v. Milliman

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The Ninth Circuit’s decision in Healy v. Milliman, Inc., No. 24-3327, --- F.4th ----, 2026 WL 71863 (9th Cir. Jan. 9, 2026), carries significant implications for class action defense and litigation strategy across the Ninth...more

Goldberg Segalla

Asbestos Plaintiff’s Declaratory and Injunctive Relief Claims Dismissed as Nonjusticiable

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Jurisdiction: United States District Court for the Eastern District of Louisiana - The Avondale defendants, Huntington Ingalls Inc. and its alleged liability insurers, moved to dismiss plaintiff Dennis Arceneaux’s claims for...more

Freeman Mathis & Gary

[Webinar] Litigating Data Breaches: Trends, Risks and Strategies - February 18th, 2:00 pm - 3:00 pm EST

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Join us Wednesday, February 18, from 2 to 3 p.m. EST for the first of our series of six webinars covering trending topics in the Data Security, Privacy & Technology space – “Litigating Data Breaches: Trends, Risks and...more

Venable LLP

Supreme Court to Decide Whether Jarkesy Jury-Trial Right Extends to Federal Communications Commission Monetary Penalties

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The Supreme Court has agreed to resolve a circuit split on whether the Seventh Amendment's jury-trial guarantee and Article III permit a statutory scheme that allows the Federal Communications Commission (FCC) to impose...more

Foley Hoag LLP - Environmental Law

Can the Administration Persuade States Not to Bring Climate Litigation?

Last year, the United States sued the State of Michigan, seeking a preemptive court order preventing Michigan from filing suit against firms in the “fossil fuel industry”.  Michigan moved to dismiss, arguing that the case was...more

Cooley LLP

SEC in the Courts: SCOTUS to Review Disgorgement Powers (Again), District Court Upholds Follow-On Administrative Proceedings

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2026 is off to a rousing start for the US Securities and Exchange Commission (SEC), with two notable developments related to the agency’s civil enforcement authority....more

Venable LLP

Federal Court Upholds SEC's Ability to Pursue Industry Bars in Administrative "Follow-On" Proceedings After Jarkesy

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The U.S. District Court for the District of Columbia confirmed that a recent Supreme Court decision limiting the Securities and Exchange Commission's (SEC) use of its administrative forum—SEC v. Jarkesy—did not eliminate the...more

Foley & Lardner LLP

SEC Administrative Courts Survive Industry Ban Challenge

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For years, there have been efforts to chip away at the Securities and Exchange Commission’s (SEC) administrative enforcement powers. In particular, in 2024, the Supreme Court ruled in SEC v. Jarkesy, 603 U.S. 109 (2024), that...more

Fox Rothschild LLP

The Presumption of Innocence Podcast: Episode 77 - The Shadow Docket: Supreme Court Decisions That Shape America

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In recent years, the Supreme Court of the United States has issued decisions that have altered the course of American life and politics. Carolyn Shapiro joins host Matt Adams to take a look at some of these compelling...more

A&O Shearman

Seventh Circuit Affirms Dismissal Of Actions Claiming Market Manipulation Of Volatility Index

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On January 15, 2026, the United States Court of Appeals for the Seventh Circuit affirmed the dismissal of two actions brought by an investment advisor and an investment company asserting claims under the Commodity Exchange...more

Holtzman Vogel Baran Torchinsky & Josefiak

New York’s 11th Congressional District Found to Violate State Constitution

On January 21, 2026, in a decision in the case of Williams v. Board of Elections of the State of New York, a Manhattan Supreme Court Justice held that the boundaries of New York’s 11th Congressional District were in violation...more

Polsinelli

Sixth Circuit Holds the Line on FCA Qui Tam Challenges as Eleventh Circuit Looms

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Key Takeaways: Sixth Circuit FCA precedent remains intact. The Sixth Circuit declined to entertain constitutional challenges to the FCA’s qui tam provisions, emphasizing that binding circuit precedent forecloses arguments...more

Troutman Pepper Locke

Illinois Supreme Court Tightens Standing for No-Injury Consumer Claims — The Consumer Finance Podcast

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In this episode of The Consumer Finance Podcast, host Chris Willis is joined by his colleague Lou Manetti from the firm's Chicago office to unpack a significant new Illinois Supreme Court decision on standing in consumer...more

Robinson+Cole Class Actions Insider

Ninth Circuit Says Class Members Must Demonstrate Standing at Summary Judgment for Certified Damages Classes

A recent Ninth Circuit decision held that both named and unnamed class members in a class seeking monetary damages must come forward with sufficient evidence of Article III standing at the summary judgment stage—not merely at...more

Herbert Smith Freehills Kramer

The US Supreme Court To Resolve Circuit Disputes On Administrative Enforcement Powers

On January 9, 2026, the Supreme Court granted certiorari in three cases to resolve disputes regarding the scope of administrative enforcement powers by the Securities and Exchange Commission and the Federal Communications...more

Sheppard Mullin Richter & Hampton LLP

Class Standing Redux: Ninth Circuit Holds Plaintiffs Must Present Evidence of Class Member Injury at Summary Judgment

In Healy v. Milliman, Inc., — F.4th —-, 2026 WL 71863 (9th Cir. Jan. 9, 2026), the Ninth Circuit addressed a key Article III standing question left open by the Supreme Court in TransUnion LLC v. Ramirez, 594 U.S. 413 (2021) –...more

Orrick, Herrington & Sutcliffe LLP

D.C. District Court dismisses challenges to SEC ‘follow-on’ industry ban

On January 8, the U.S. District Court for the District of Columbia granted the SEC’s motion to dismiss a constitutional challenge to its follow-on administrative proceeding brought by two California-based investment advisers....more

DLA Piper

SEC Industry Bars Post-Jarkesy

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United States District Judge Christopher Cooper has rejected a post-Jarkesy challenge to the US Securities and Exchange Commission’s (SEC) authority to impose industry bars through administrative proceedings. In Michael...more

Womble Bond Dickinson

Ninth Circuit confirms all members of a certified damages class must establish standing to survive summary judgment in Healy v....

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The Ninth Circuit recently answered an important open question in the class action context that may provide defendants an additional exit ramp, specifically, whether “following class certification, both named and unnamed...more

Epstein Becker & Green

A Pattern of Uncertainty: Judicial Decision-Making During Federal Shutdowns

In the wake of this country’s longest federal shutdown, federal courts were facing unprecedented decision-making whether to stay civil proceedings implicating federal employees and agencies....more

Troutman Pepper Locke

Justices’ Separation-Of-Powers Revamp May Hit States Next

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Trump v. Slaughter, argued before the U.S. Supreme Court in December, likely will put an end to the era of independent federal regulatory agencies. Even if the court does not formally overrule the 90-year-old precedent...more

Nelson Mullins Riley & Scarborough LLP

FTC Administrative Action Delayed as Dealer Group Presses for Reconsideration of Order Denying Constitutional Challenge

After a delay caused by the shutdown of the federal government last fall, Asbury Automotive Group (“Asbury”), one of the largest automobile dealer groups in the country, has resumed its constitutional challenge to the...more

Bradley Arant Boult Cummings LLP

The Impact of Jarkesy on the Right to a Jury in Bankruptcy Proceedings

A recent Supreme Court case has brought a long-standing question in bankruptcy practice back to the fore: When do parties have the right to a jury trial? In the summer of 2024, the Supreme Court decided Securities and...more

Troutman Pepper Locke

Court Denies Injunction Seeking to Halt FERC Enforcement Proceedings

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On November 24, 2025, the U.S. District Court for the Middle District of North Carolina denied American Efficient LLC’s (American Efficient) preliminary injunction seeking to halt FERC’s civil enforcement proceedings for...more

Zelle  LLP

Court Dismisses “Reese’s Shapes” Packaging Suit Against Hershey

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The Southern District of Florida granted The Hershey Company’s motion to dismiss a proposed class action alleging deceptive packaging for its seasonal Reese’s Peanut Butter Shapes, holding that the plaintiffs failed to allege...more

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