News & Analysis as of

Oral Argument

Fisher Phillips

Overtime Shockwaves: Federal Appeals Court to Decide Fate of Salary Basis Test in Wake of Groundbreaking SCOTUS Decision

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If one Texas employer has its way, we wouldn’t be fighting over whether the Department of Labor has the right to raise the floor of the salary basis test for determining OT exempt status – we’d instead conclude that the...more

Fox Rothschild LLP

Fast Talk: Compressed Oral Arguments in N.C. Court of Appeals

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Oral argument in the appellate courts typically last an hour, with 30 minutes allotted to each side to present arguments. But might a shorter oral argument period be more productive if the parties knew ahead of time the...more

ArentFox Schiff

Investigations Newsletter: FCA Enforcement & Compliance Digest — Summer 2024 False Claims Act Newsletter

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Welcome to the Summer 2024 issue of “FCA Enforcement & Compliance Digest,” our quarterly newsletter in which we compile essential updates on False Claims Act (FCA) enforcement trends, litigation, agency guidance, and...more

McManis Faulkner

Preserving the Practice of Oral Argument

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Oral argument is an integral part of the judicial process. Before the advent of case law and written opinions, lawyers relied primarily on oral argument to advocate for their clients. Today, judges and lawyers alike will tell...more

Ballard Spahr LLP

Fifth Circuit Court of Appeals Schedules Oral Arguments in CARS Rule Challenge for Oct 7

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The Fifth Circuit Court of Appeals has set oral arguments for Oct. 7 in the challenge of the Federal Trade Commission’s Combating Auto Retail Scams Rule (“CARS Rule”). The petition, filed on January 5, 2024 by the National...more

Ballard Spahr LLP

7th Circuit Holds ECOA Protections Apply to Prospective Applicants

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In a major win for the CFPB, in CFPB v. Townstone Financial, a panel of the U.S. Court of Appeals for the Seventh Circuit (7th Circuit) recently held that the Regulation B provision prohibiting discrimination under the Equal...more

Cozen O'Connor

Supreme Court Orders Stand Down on Insurance Neutrality Test for Standing

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On June 6, 2024, the United States Supreme Court issued its long-awaited ruling in Truck Insurance Exchange v. Kaiser Gypsum Co., Inc., et al.,1 nullifying the insurance neutrality test for insurer standing in bankruptcy...more

Ward and Smith, P.A.

The Importance of Oral Arguments in Appellate Courts: Insights for Trial and Appellate Practitioners

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Recent stats show an interesting trend in the U.S. Court of Appeals for the Fourth Circuit: oral arguments are held in just 13% of cases. This differs from other circuits like the D.C. Circuit, where almost 50% of cases get...more

Goldberg Segalla

U.S. Supreme Court Holds that Insurers are Parties in Interest in Bankruptcy Proceedings and Can Object to Reorganization Plans

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Companies faced with numerous mass tort claims, such as asbestos claims, often seek bankruptcy protection. Reorganization plans may include § 524(g) channeling injunctions in which insurance assets are put into a trust to pay...more

White and Williams LLP

Supreme Court Endorses Broad Insurer Standing in Bankruptcy Reorganizations

The Supreme Court reversed the Fourth Circuit Court of Appeals in favor of insurance companies in a unanimous decision written by Justice Sotomayor. In short, the United States Supreme Court held today that insurers facing...more

Seyfarth Shaw LLP

Glimmer of Hope? Judge Suggests Some Claims in AI Image Case May Survive

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We are still waiting for a formal ruling on the Andersen v. Stability AI defendants’ second round of motions to dismiss, but so far it’s looking like most of the case may be allowed to proceed to discovery. The judge heard...more

Holtzman Vogel Baran Torchinsky & Josefiak

Early Returns Law and Politics with Jan Baran: A Supreme Path: From Latin to Campaign Finance Law, to 38 Oral Arguments – Kannon...

Arguing before the Supreme Court increasingly has become a specialty of an elite group of lawyers. A former Scalia judicial law clerk, Kannon Shanmugam has argued 38 cases at the court. In this episode, Jan speaks with...more

Holtzman Vogel Baran Torchinsky & Josefiak

A Supreme Path: From Latin to Campaign Finance Law, to 38 Oral Arguments – Kannon Shanmugam

Arguing before the Supreme Court increasingly has become a specialty of an elite group of lawyers. A former Scalia judicial law clerk, Kannon Shanmugam has argued 38 cases at the court. In this episode of the Early...more

Holland & Knight LLP

U.S. Supreme Court May Soon Discard or Modify Chevron Deference

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For nearly 40 years and in more than 18,000 judicial opinions, federal courts have used the Chevron doctrine to defer to an agency's reasonable interpretation of an ambiguous statute. Under the doctrine, named for the 1984...more

Ballard Spahr LLP

Preliminary Injunction Hearing in Federal Court on Colorado DIDMCA Opt-Out Challenge

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On May 16, the U.S. District Court for the District of Colorado held a hearing in NAIB, et al v. Weiser, et al. on a motion filed by three financial services industry trade groups to preliminarily enjoin Colorado from...more

ArentFox Schiff

Four Months Out: Private Fund Advisors Prepare for September Compliance Deadline Amidst Challenge in the Fifth Circuit

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In September 2023, we covered the Rules (Rule) published by the US Securities and Exchange Commission (SEC), developed to promote transparency for investors by increasing visibility into compensation schemes, sales practices,...more

Troutman Pepper

How High Court SEC Case Could Affect the ITC

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On Nov. 29, 2023, the U.S. Supreme Court heard oral argument in SEC v. Jarkesy. Originally published in Law360 - February 16, 2024....more

Carlton Fields

Prepping for the Panel (Or Not)

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When you have an appeal in a new jurisdiction, add to your checklist a note to look at the court’s procedures for announcing oral argument panels. Courts vary in their approaches to announcing panel composition in advance of...more

Seyfarth Shaw LLP

Supreme Court Allows Copyright Damages Recovery Outside Three-Year Limitations Period—But Questions Regarding Accrual of Claims...

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The U.S. Supreme Court affirmed the Eleventh Circuit’s holding in Warner Chappell Music v. Nealy that copyright plaintiffs bringing timely claims of infringement may recover damages for acts occurring outside the three-year...more

Proskauer - Labor Relations Update

Sixth Circuit Panel Questions Board’s Emergency Pay Increase Ruling

On May 9, 2024, the U.S. Court of Appeals for the Sixth Circuit heard oral argument regarding the National Labor Relations Board (“NLRB”) exception allowing an employer to unilaterally make decisions during an emergency. The...more

Holland & Hart LLP

Chevron Deference Destined for Change in Loper Bright & Relentless

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Practical Guidance: Litigation, Professional Perspective - Chevron Deference Destined for Change in Loper Bright & Relentless - Editor's Note: This Professional Perspective addresses how the US Supreme Court's impending...more

Holland & Hart - Your Trial Message

Ground Your Hypotheticals

Last week, the U.S. Supreme Court heard oral arguments on yet another momentous legal issue – this time, the claim of absolute immunity from criminal prosecution for claimed official acts by former President, Donald Trump who...more

Foley Hoag LLP

Oral Arguments in FDA v. Alliance for Hippocratic Medicine: Mifepristone Case Likely to Turn on Article III Standing Requirements

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Nearly two years after the Court overturned Roe v. Wade in June 2022, additional challenges are being brought that may limit access to abortion in the U.S. Mifepristone was originally approved in 2000 by the U.S. Food and...more

Fisher Phillips

Starbucks Asks SCOTUS for Clearer Standard for NLRB Injunctions: What Employers Need to Know

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In a case before the Supreme Court, Starbucks says it fired several employees for violating valid company policies — but the National Labor Relations Board convinced a lower court to reinstate the employees while a legal...more

Epstein Becker & Green

Today’s Argument Was More Consequential Than Issued Opinions - SCOTUS Today

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The Supreme Court heard arguments yesterday morning in the case of Joseph Fischer, one of more than 300 people convicted of corruptly obstructing an official proceeding: the congressional certification on January 6, 2021, of...more

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