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
The U.S. Supreme Court decision yesterday that likely will get the most attention is Medina v. Planned Parenthood South Atlantic, in which a 6–3 Court that lined up according to the conservative vs. liberal stereotype, held...more
In Realtek Semiconductor Corporation v. ITC (23-1187), the Federal Circuit concluded that it lacked jurisdiction to decide whether the International Trade Commission (ITC) correctly denied Realtek’s motion for sanctions...more
"Wrong-house" raids by law enforcement can cause terror and physical injury, significant property damage, and potentially innocent civilian deaths. Suits for damages almost always follow....more
On June 18, the U.S. Supreme Court issued two decisions that clarify a deceptively simple question under the Clean Air Act: Where should lawsuits challenging EPA actions be filed? The rulings – EPA v. Calumet Shreveport...more
The U.S. Supreme Court, in a 6-3 decision, ruled that the Medicaid Act’s any-qualified-provider provision does not confer individual rights enforceable under 42 U.S.C. §1983. This decision reverses the Fourth Circuit’s...more
In a new 6-3 opinion, the US Supreme Court has cast further doubt into TCPA litigation. The decade-old underlying case, McLaughlin Chiropractic Associates, Inc. v. McKesson Corporation et al., was filed after the defendant...more
On Tuesday, June 24, 2025, the California Court of Appeal heard argument in Sheetz v. County of El Dorado. You may recall that the California Court of Appeal previously held that legislatively enacted development impact fees...more
U.S. District Court Judge Barbara J. Rothstein granted, in part, the CFPB's motion to withdraw its amicus brief filed by the Biden-era CFPB regarding the "proper interpretation of the Fair Debt Collection Practices Act's...more
IN RE: VETEMENTS GROUP AG - Before Prost, Wallach, and Chen. Appeal from the Trademark Trial and Appeal Board. A party opposing application of the doctrine of foreign equivalents has the burden to show that the ordinary...more
On June 20, 2025, the U.S. Supreme Court issued its ruling in McLaughlin Chiropractic Associates, Inc. v. McKesson Corp., holding that the federal Hobbs Act does not bind district courts in civil enforcement proceedings to a...more
On June 5, 2025, the U.S. Supreme Court issued a unanimous decision in Ames v. Ohio Department of Youth Services, holding that courts may not impose heightened evidentiary requirements on Title VII plaintiffs simply because...more
On June 18th, the U.S. Supreme Court issued two rulings determining where challenges to Environmental Protection Agency (EPA) actions under the Clean Air Act must be filed. The Court held challenges to EPA actions that are...more
The Supreme Court’s recent opinion in Thompson v. United States may have significant implications for the False Claims Act (FCA). In Thompson, the Court was tasked with interpreting 18 U.S.C. § 1014, which prohibits...more
On June 20, 2025, the U.S. Supreme Court delivered an opinion that could dramatically change the landscape of class actions under the Telephone Consumer Protection Act (TCPA)....more
Suppose an administrative agency issues a rule governing private conduct. And suppose no one uses an available judicial review process to challenge that rule before it takes effect. If that rule is then invoked against a...more
On June 20, 2025, in Stanley v. City of Sanford, the United States Supreme Court concluded that a retiree who could no longer work because of a disability is not a “qualified individual” entitled to protection under Title I...more
The U.S. Supreme Court issued a pair of decisions in EPA v. Calumet Shreveport Refining and Oklahoma v. EPA on June 18, 2025, resolving two related circuit splits regarding proper venue for challenging certain U.S....more
In civil litigation, the trial court’s judgment is often not the last word. If you lose at that the trial court, you may still have a chance to prevail if you can convince the appellate court that the trial court judge...more
On June 20, 2025, the Supreme Court of the United States issued six decisions: Diamond Alternative Energy, LLC v. Environmental Protection Agency, No. 24-7: This case addresses fuel producers’ Article III standing to...more
As noted in our prior blog post, on March 25, 2025, significant amendments to the General Corporation Law of the State of Delaware (the DGCL), were adopted by the Delaware General Assembly and signed into law by Governor Matt...more
On June 5, 2025—in the midst of heightened scrutiny of diversity, equity, and inclusion (“DEI”) initiatives triggered by executive orders issued by President Trump as well as various federal agency guidance—the Supreme Court...more
In Opsis Airport Services Inc. v. Quebec (Attorney General), 2025 SCC 17 (Opsis), the Supreme Court of Canada (SCC) held that a statute can be declared constitutionally inapplicable to an enterprise carrying on activities...more
Last week in Troy Grove v. NLRB, No. 23-1164 (D.C. Cir., June 13, 2025), the United States Court of Appeals for the D.C. Circuit delivered a sharp rebuke to the National Labor Relations Board, finding “irrational” the Board’s...more
The recent federal district court decision in Faulk Company, Inc. v. Xavier Becerra, et al., No. 24-cv-00609-P (N.D. Tex. 2025) significantly alters the primary mechanism used by the U.S. Department of Health and Human...more
The Supreme Court’s decision in NRC v. Texas gives nuclear energy generators and storage facilities, as well as NRC, the latest win in the decades-long struggle over used-fuel storage....more