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7.24.25

Texas Senate Continues to Push Broad Ban on Hemp-Derived THC in Special Session

Takeaways The Texas Legislature kicked off a special session Monday, July 21, 2025, to address more than a dozen matters, including responding to Governor Greg Abbott’s recent veto of a full THC ban…

7.14.25

Decision Alert: Supreme Court Affirms Retailers’ Right To Judicial Review Under The Tobacco Control Act

The Supreme Court held in Drug Administration v. R.J. Reynolds Vapor Co. that retailers of e-cigarette products are “persons adversely affected” by an FDA denial order under the Family Smoking…

7.14.25

Decision Alert: Supreme Court Affirms Rule 60(b)’s High Bar to Reopen Final Judgments

In a unanimous and notable decision, the Supreme Court in BLOM Bank SAL v. Honickman reaffirmed the strict threshold imposed by Federal Rule of Civil Procedure 60(b)(6), holding that a party may not…

7.14.25

Decision Alert: Supreme Court Clarifies Venue for Environmental Challenges

In a 6-2 decision authored by Justice Thomas, the Supreme Court held in consolidated cases Oklahoma v. EPA and PacifiCorp v. EPA that the Environmental Protection Agency (EPA)’s disapprovals of 21…

7.14.25

Decision Alert: Supreme Court Clears the Way for Executive Control

A divided Ninth Circuit panel declined to push the pause button on a San Francisco-based district court’s nationwide injunction blocking the government from carrying out President Trump’s executive…

7.14.25

Decision Alert: Supreme Court Rejects Nondelegation Challenge to FCC’s Universal Service Program

In a 6-3 decision, the Supreme Court held that the Federal Communications Commission (FCC)’s Universal Service Program (USP) does not violate the nondelegation doctrine. Justice Kagan wrote the…

7.14.25

Decision Alert: Supreme Court Rules District Courts Lack Power to Issue Universal Injunctions

The Supreme Court ruled 6-3 in Trump v. CASA, Inc. that federal district courts lack authority under the Judiciary Act of 1789 to issue universal (or nationwide) injunctions. Justice Barrett wrote the…

7.14.25

Decision Alert: The Supreme Court Holds That Fuel Producers Have Standing to Sue EPA

The Supreme Court held 7-2 in Diamond Alternative Energy v. Environmental Protection Agency that fuel producers have standing to challenge the Environmental Protection Agency (EPA)’s approval of…

7.09.25

The Minnesota Consumer Data Privacy Act Is the Next Evolution in Consumer Privacy Rights

Key Takeaways: Summary: Starting July 31, Minnesota will join the growing list of U.S. states with its own comprehensive consumer data privacy law, but with a key difference. Signed into law in 2024,…

7.07.25

Texas Governor’s Hemp Product Veto Highlights National Legal Uncertainty—Even as Cited Ruling Is Overturned

Key Takeaways: As every reader of this blog should know, on June 21, 2025, Texas Governor Greg Abbott vetoed Senate Bill 3, a measure that would have effectively banned consumable hemp products…

7.01.25

CRA’s July 2025 Updated Disciplinary Guidelines: A Much-Needed Lifeline

Takeaways During last week’s CRA quarterly public hearing, Executive Director Brian Hanna indicated that the agency would be releasing updated disciplinary guidelines that would reflect a change in…

7.01.25

Decision Alert: Retirees Cannot Bring a Claim Under the ADA as a “Qualified Individual”

In Stanley v. City of Sanford, the Court held 7-2 that a retiree is not a “qualified individual” under Title I of the Americans with Disabilities Act of 1990 (ADA), as the statute applies only to…

7.01.25

Decision Alert: Supreme Court Calls for Judicial Deference to Agencies’ Factual Findings and Interpretation of Procedural Requirements

In Seven County Infrastructure Coalition v. Eagle County, Colorado, the Supreme Court unanimously determined 8-0 that the D.C. Circuit failed to afford the Surface Transportation Board (STB) the…

7.01.25

Decision Alert: Supreme Court Dismisses Labcorp v. Davis as Improvidently Granted

On June 5, 2025, in an 8-1 decision, the Supreme Court dismissed Laboratory Corporation of America Holdings v. Davis as improvidently granted—despite having already granted certiorari and heard oral…

7.01.25

Decision Alert: Supreme Court Eases Appeal Rules for Litigants Finding Missed Notice Unnecessary After Reopened Period

In an 8-1 decision authored by Justice Sotomayor, the Supreme Court in Parrish v. United States held that a litigant who files a notice of appeal after the original appeal deadline—but before a…

7.01.25

Decision Alert: Supreme Court Holds That Agencies’ Interpretations of the Hobbs Act Do Not Bind District Courts in Civil Enforcement Proceedings

In a 6-3 decision, the Supreme Court heldthat the Hobbs Act, which grants federal courts of appeals exclusive jurisdiction to review agency orders, does not prevent district courts from independently…

7.01.25

Decision Alert: Supreme Court Rules Texas Lacks Standing to Challenge Nuclear Regulatory Commission Licensing Decision

In a 6-3 decision, the Supreme Court held that the State of Texas and Fasken Land and Minerals Ltd., a private Texas-based company involved in oil and gas extraction and production, lack standing to…

7.01.25

Decision Alert: Supreme Court Unanimously Expands Scope of Wire Fraud

If you get what you paid for, can you still cry fraud? The Supreme Court answered that question in Kousisis v. United States, unanimously holding that the federal wire fraud statute, 18 U.S.C. § 1343,…

7.01.25

Decision Alert: Supreme Court Unanimously Rejects Heightened Burden for Reverse Discrimination Plaintiffs

The Supreme Court issued a unanimous employment law decision in Ames v. Ohio Department of Youth Services, holding that Title VII of the Civil Rights Act applies equally to all individuals, regardless…

7.01.25

Decision Alert: The D.C. Circuit Has Exclusive Jurisdiction Over Small Refinery Exemption Challenges Under the Clean Air Act

In EPA v. Calumet Shreveport Refin., L.L.C., the Supreme Court ruled that all challenges to Environmental Protection Agency (EPA) denials of small refinery exemption (SRE) petitions under the Clean…