Federal Court Strikes Down FDA Rule on LDTs - Thought Leaders in Health Law®
Episode 18 | Unpacking the Packing: A Perspective on the Efforts to Expand the Supreme Court
While a case must be filed in the court system that has the authority to adjudicate it, the specific venue is often a more flexible choice. To that end, selecting the right venue can be a key part of case strategy....more
On May 14, 2025, the California Court of Appeal issued a decision in Rose v. Hobby Lobby Stores, Inc., addressing whether the California Labor and Workforce Development Agency (LWDA) can be held liable for an employer’s...more
On May 1, 2025, the United States Court of Appeals for the Second Circuit issued its decision in Solomon v. Flipps Media, Inc., affirming the dismissal of a putative class action alleging violations of the Video Privacy...more
In appellate practice, there was once comfort in formality. You started with the standard of review, cited black-letter law, and walked the court through a step-by-step application of precedent to facts. But a subtle shift...more
A federal Judge for the United States District Court for the Northern District of Oklahoma recently granted the motions of several public entities to dismiss the amended complaint of a pro se plaintiff who brought claims...more
On April 16, 2025, the Patent Trial and Appeal Board (PTAB) denied institution of inter partes review (IPR) for several claims of U.S. Patent No. 7,187,307, owned by Universal Connectivity Technologies, Inc. HP Inc., Dell...more
In what is certain to become a landmark decision, the Federal Circuit has resolved a long-standing question that divided patent litigators and judges alike: does IPR estoppel apply to physical systems (“system art”) described...more
As reported in our March 31, 2025, blog item, on March 21, 2025, the U.S. Court of Appeals for the District of Columbia Circuit heard oral argument in a case challenging the U.S. Environmental Protection Agency’s (EPA) May 3,...more
A recent decision from the United States District Court for the District of Columbia continues to give significant deference to the U.S. Department of Health and Human Services’ (HHS) interpretation of the Anti-Kickback and...more
As I think I have admitted previously, I have what some might consider an unusual habit. When I have a longer drive to make, I listen to oral arguments at the United States Supreme Court. It keeps me awake and my mind sharp,...more
The final judgment of your family court case was rendered; you are very dissatisfied and feel that somehow this decision was wrong. What recourse do you have to right this wrong? Filing an appeal is a tactic that can be used...more
On April 2, the United States District Court for the Eastern District of Virginia dismissed a whistleblower’s False Claims Act (FCA) action after the relator attempted to dismiss the government as a plaintiff-intervenor in...more
The Patent Trial and Appeal Board (PTAB) recently designated its decision in Cambridge v. Sfara (IPR2024-00952) as an informative decision.[1] This designation addresses an important issue in inter partes review (IPR)...more
In litigation challenging unclaimed property examination findings, the Michigan Supreme Court took a first step towards curtailing the seemingly never-ending examination process, but left open an opportunity for the State to...more
On March 10, 2025, U.S. District Judge Jed S. Rakoff of the Southern District of New York issued a decision in the case of United States v. Tavberidze, finding Section 3E1.1(b) of the United States Sentencing Guidelines in...more
On February 7, 2025, Texas Supreme Court Chief Justice James D. Blacklock asked the Supreme Court Advisory Committee (the “Committee”) to “study and make recommendations on eliminat[ing] [ ] the Court’s current practice of...more
Everyone who works with our court systems, including those who work in civil litigation, are invested in the idea of rule of law. Whether our case has to do with governmental powers or not, whether it involves civil rights or...more
All civil judicial proceedings must be in the form of an action – unless otherwise authorized by statute, i.e. in the form of a special proceeding (see CPLR 103[b]). While most lawsuits are brought solely in the form of...more
Having recently transitioned from being a litigator to serving as a discovery neutral, I've gained a distinct perspective on the role of discovery neutrals in our legal system. This experience has highlighted both the...more
In a unanimous panel opinion filed on February 18, 2025, the First Circuit held that False Claims Act cases predicated on violations of the Anti-Kickback Statute (“AKS”), require proof that alleged kickbacks were the...more