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Statutory Interpretation Standing

Snell & Wilmer

First Circuit Upholds Denial of Preliminary Injunction Against Massachusetts’ Ban on Assault Weapons and Large-Capacity Magazines

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In April 2025, the U.S. Court of Appeals for the First Circuit decided Capen v. Campbell, a case arising from a challenge to Massachusetts’ ban on assault weapons and large-capacity magazines. The court affirmed a district...more

McDermott Will & Emery

No Article III Appellate Standing Under the Sun

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The US Court of Appeals for the Federal Circuit dismissed Incyte’s appeal of a Patent Trial & Appeal Board decision, holding that a disappointed validity challenger lacked appellate standing to challenge the Board’s final...more

Bradley Arant Boult Cummings LLP

Bid Protests in Utah

Bradley has been publishing an ongoing survey of state-level bid protest processes and procedures. For the next state in this series, we focus on the protest process in Utah. What Rules Apply? Protests of state-level...more

Holland & Knight LLP

Labcorp v. Davis: Will U.S. Supreme Court Resolve Circuit Split Over Article III Standing?

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The U.S. Supreme Court heard oral arguments in Labcorp v. Davis (No. 24-304), a case that arrived at the Court to resolve a fundamental question: "[w]hether a federal court may certify a class action pursuant to Federal Rule...more

Charles E. Rounds, Jr. - Suffolk University...

Fiduciary Litigators Beware: the Overlapping Coverage of the Uniform Trust Code and the Uniform Prudent Management of...

Some administered charitable gifts may qualify as “charitable trusts” under the Uniform Trust Code (UTC) and as “institutional funds” under the Uniform Prudent Management of Institutional Funds Act (UPMIFA). An “institutional...more

Hudson Cook, LLP

No Harm, No Foul: Statutory Violations and Consumer Harm

Hudson Cook, LLP on

"No harm, no foul" is a common saying. As it turns out, that saying is sometimes true in law. An important prerequisite for a lawsuit in federal court is that the plaintiff have standing to sue....more

Bradley Arant Boult Cummings LLP

One Domino Falls: Tennessee Supreme Court Reshapes Foreclosure Claims

With its long-awaited opinion in Terry Case v. Wilmington Trust, the Tennessee Supreme Court ushered in a sea change concerning constitutional standing in the state and clarified that Tennessee law does not recognize an...more

Vedder Price

TCPA Turnstile: TCPA Litigation Continues to Spring to Life in 2025 (TCPA Update Vol. 20)

Vedder Price on

TCPA litigation, like spring flowers, is in full bloom this season. Over the past several months, major decisions have come down related to the FCC’s one-to-one consent rule (which we covered in our last update) as well as...more

Morrison & Foerster LLP - Government...

Bid Protest Spotlight: Instructions, Price Evaluation, Standing

This month’s bid protest roundup highlights three protest decisions released by the Government Accountability Office (GAO) and the Court of Appeals for the Federal Circuit (Federal Circuit) in March. The first discusses an...more

Knobbe Martens

IPR Standing Arguments Not Presented to the Board Are Forfeited

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APPLE INC. v. GESTURE TECHNOLOGY PARTNERS, LLC - Before Moore, Prost, and Stoll. Appeal from the Patent Trial And Appeal Board. A patent owner forfeits its argument that an IPR petitioner lacks standing under 35 U.S.C....more

Carlton Fields

DNC Files First Challenge to Executive Order Seizing Power From Independent Regulatory Agencies, but With a Twist That May Limit...

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We recently covered executive order 14215, titled “Ensuring Accountability for All Agencies,” the second Trump administration’s most straightforward attack on the discretion of what it called “so-called independent regulatory...more

Troutman Pepper Locke

Eighth Circuit Finds State Standing to Challenge EEOC’s Pregnancy Accommodation Rules

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In Tennessee v. EEOC, the Eighth Circuit reversed a district court’s decision and reinstated a lawsuit by 17 states (led by the Tennessee and Arkansas attorneys general (AG)), holding that these states have standing to sue...more

Ballard Spahr LLP

Eighth Circuit Broadens Injunction Prohibiting Implementation of SAVE Federal Student Loan Repayment Plan, Calls Into Question...

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On February 18, 2025, the U.S. Court of Appeals for the Eighth Circuit—following up on its August 2024 unsigned order—resolved an expedited appeal concerning a district court injunction preventing the U.S. Department of...more

Orrick, Herrington & Sutcliffe LLP

California appellate court rules statutory damages don’t require proof of injury under state law

On February 13, in a decision from the California Court of Appeal, the court examined whether a consumer must establish actual damages to pursue statutory damages under California’s Fair Debt Buying Practices Act (FDBPA). The...more

Pullman & Comley, LLC

Jurisdiction 101: Connecticut Supreme Court Hands Down Win For Taxpayers

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In a victory for taxpayers across the nutmeg state, the Connecticut Supreme Court recently held in 7 Germantown Rd., LLC v. City of Danbury, No. 21024, 2025 WL 309848 (Conn. Jan. 28, 2025) (“Germantown”) that the appraisal...more

Shipkevich PLLC

Mid-Year TCPA Roundup: Navigating Recent Legislative and Litigation Developments

Shipkevich PLLC on

The Telephone Consumer Protection Act (TCPA) landscape continues to evolve as new legislation is implemented and courts across various jurisdictions grapple with complex issues regarding standing, agency, and consent. This...more

Ballard Spahr LLP

SCOTUS holds oral argument in two cases challenging Chevron deference

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On January 17, 2024, the U.S. Supreme Court heard oral argument in the two cases in which the question presented is whether the Court should overrule its 1984 decision in Chevron, U.S.A., Inc. v. Nat. Res. Def. Council, Inc. ...more

Carlton Fields

Chevron on the brink — the Supreme Court could revolutionize administrative law this term (but shouldn’t)

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In 1984, a six-Justice Supreme Court — the minimum needed for a quorum — issued Chevron, U.S.A., Inc. v. Natural Resources Defense Council, Inc.1 and introduced “Chevron deference” into the legal lexicon. Chevron provides a...more

McGlinchey Stafford

Can I Settle for Injunctive Relief in a Class Action? - McGlinchey Commercial Law Bulletin - April 20, 2023

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The Lanham Act- Lewis v. Acuity Real Estate Services, 6th Cir. 22-1406- In this appeal, the Sixth Circuit Court of Appeals affirmed the district court’s decision dismissing the complaint under the Lanham Act because such a...more

Burr & Forman

Standing Room Only – Eighth Circuit Holds that Non-Consumer Attorney Lacks Standing to Bring FDCPA Claim

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In Magdy v. I.C. Sys., Inc., No. 21-3010, 2022 WL 4075764, at *1 (8th Cir. Sept. 6, 2022), the Eighth Circuit Court of Appeals, faced with a matter of first impression, held that a non-consumer attorney could not bring an...more

Stradling Yocca Carlson & Rauth

Dismissal Of Marriott Data Breach Lawsuit Shows How Plaintiffs Still Face Standing Hurdles In The Post-CCPA Era

After the California Consumer Privacy Act (CCPA) took effect on January 1, 2020, a surge of class action lawsuits predicated on alleged CCPA violations hit businesses.  Because of the act’s novelty, it was unclear whether...more

Troutman Pepper Locke

Federal Circuit Review - Issue 278

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278-1. Federal Circuit Remands Patent Infringement Case to Answer Patent Ownership and License to Practice Questions - The Federal Circuit recently vacated a grant of summary judgment of non-infringement of a patent,...more

Carlton Fields

Real Property, Financial Services, & Title Insurance Update: Week Ending January 17, 2020

Carlton Fields on

Real Property Update - Condition Precedent / Summary Judgment: Master association was not an owner of the condominium association and lacked standing to defend litigation based upon condominium association’s alleged...more

Faegre Drinker Biddle & Reath LLP

Supreme Court Agrees To Review The Constitutionality of the TCPA

Given how often TCPA cases are filed—and how often they push the envelope of the statute’s scope and the courts’ jurisdiction—it should come as no surprise that the Supreme Court is often asked to bring some sanity to the...more

Best Best & Krieger LLP

Only A Contracting Party May Sue Under Government Code Section 1092

Calif. Supreme Court: San Diegans for Open Government v. Public Facilities Financing Authority of the City of San Diego - Only a party to a contract may bring a legal action under Government Code section 1092 to invalidate...more

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