News & Analysis as of May 15, 2025

Appellate Courts

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The United States Supreme Court is the highest court of the United States and is charged with interpreting federal law, including the United States Constitution. The Court's docket is largely discretionary with only a limited number of cases granted review each term. The Court is comprised of one chief justice and eight associate justices, who are nominated by the President and confirmed by the Senate to hold lifetime positions. less -

CTA: Government's Emergency Application to Supreme Court to Impose Stay – What's Next?

Holland & Knight LLP on 1/10/2025

As reported by Holland & Knight on Dec. 27, 2024, companies and individuals impacted by the Corporate Transparency Act (the CTA) reasonably could have believed there was a respite from the "off again, on again, off again"...more

Supreme Court “relist” of CFPB petition for certiorari threatens prolonged legal limbo

Orrick, Herrington & Sutcliffe LLP on 2/22/2023

The Supreme Court recently had the opportunity to grant the CFPB’s pending petition for certiorari seeking review of the U.S. Court of Appeals for the Fifth Circuit’s holding in Community Financial Services Association of...more

Supreme Court Declines to Clarify FCA Pleading Standard

Bradley Arant Boult Cummings LLP on 12/15/2022

How much detail must a plaintiff allege to meet the heightened pleading standards that apply in an FCA case? Appellate courts have taken different approaches but given a chance to address a seeming circuit split, the Supreme...more

American Axle: After Solicitor General Weighs In, Neapco Responds and Court Sets Conference

Holland & Knight LLP on 6/10/2022

I first wrote on American Axle back in 2019. Nearly three years and dozens of hits for "American Axle" on hklaw.com later, we'll finally get an answer to whether the U.S. Supreme Court will hear another Section 101 dispute....more

High Court to Review Whether Assignor Estoppel Prevents Assignor from Filing an IPR or Relying on a Prior Invalidity Decision

Bradley Arant Boult Cummings LLP on 1/12/2021

Last spring in Hologic, Inc. v. Minerva Surgical, Inc., the Federal Circuit ruled that the doctrine of assignor estoppel does not prevent an assignor from lodging a validity challenge of either patent in an IPR proceeding. In...more

A New Kind Of “Merit” Badge: The Petition For Writ Of Certiorari

Fox Rothschild LLP on 10/8/2020

A writ of certiorari is a discretionary, extraordinary writ—and is therefore never granted as a matter of right. See, e.g., King v. Taylor, 188 N.C. 450, 451, 124 S.E. 751, 751 (1924) (explaining that the writ “is allowed...more

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