The Supreme Court recently heard oral argument in Diamond Alternative Energy, LLC v. Environmental Protection Agency (No. 24-7), a case examining whether economic harm stemming from market forces influenced by environmental regulation can support Article III standing. At issue is California’s authority to enforce its own emission standards, through a waiver granted by the U.S. Environmental Protection Agency (EPA) under Section 209 of the Clean Air Act (CAA).Continue Reading Supreme Court Considers Standing to Challenge Clean Air Act Waiver Based on Market Impact
Supreme Court Considers Nondelegation Challenge to FCC’s Universal Service Program
In a case with potentially sweeping implications for administrative and constitutional law, the Supreme Court is weighing whether the Federal Communications Commission’s (FCC) administration of universal telecommunications services violates the nondelegation doctrine—a principle that limits Congress’s ability to transfer legislative authority to agencies or private entities.Continue Reading Supreme Court Considers Nondelegation Challenge to FCC’s Universal Service Program
Supreme Court Tackles Nuclear Regulatory Commission’s Powers and Nonparty Challenges to Final Orders
Nuclear Regulatory Commission v. Texas raises significant questions about the scope of the Nuclear Regulatory Commission’s decision-making and who can contest those decisions. The issues before the Court are whether the Nuclear Regulatory Commission (NRC) may license private companies to store depleted nuclear fuel and whether a nonparty can challenge the agency’s final orders.Continue Reading Supreme Court Tackles Nuclear Regulatory Commission’s Powers and Nonparty Challenges to Final Orders
Decision Alert: Supreme Court Unanimously Holds That Federal Courts Lose Jurisdiction Over State Law Claims After Plaintiff Purges Federal Law Claims
On January 15, 2025, in Royal Canin v. Wullschleger, the Supreme Court held that when a plaintiff amends a complaint to eliminate federal law claims—leaving only state law claims—federal courts lose jurisdiction over the remaining claims and must remand the case to state court (if the case was removed) or dismiss the case (if originally filed in federal court). Continue Reading Decision Alert: Supreme Court Unanimously Holds That Federal Courts Lose Jurisdiction Over State Law Claims After Plaintiff Purges Federal Law Claims
Supreme Court Examines Scope of Rule 60(b) Ability To Reopen Cases
In Waetzig v. Halliburton Energy Services, Inc., the Supreme Court will determine whether Federal Rule of Civil Procedure 60(b), which allows a district court to “relieve a party or its legal representative from a final judgment, order, or proceeding,” can be invoked when a party voluntarily dismisses its case.Continue Reading Supreme Court Examines Scope of Rule 60(b) Ability To Reopen Cases
Decision Alert: Supreme Court Confirms Standard of Proof for FLSA Exemptions
On January 15, 2025, the Supreme Court reaffirmed a fundamental principle of civil litigation: the preponderance of the evidence standard remains the default unless explicitly altered by statute or constitutional mandate. In E.M.D. Sales, Inc. v. Carrera, the Court clarified this standard for exemptions under the Fair Labor Standards Act (FLSA), resolving a dispute over the appropriate burden of proof for employers claiming such exemptions.Continue Reading Decision Alert: Supreme Court Confirms Standard of Proof for FLSA Exemptions
Supreme Court To Resolve NEPA Dispute Over Environmental Review Boundaries
In Seven County Infrastructure Coalition v. Eagle County, Colorado, the challenge before the Court is whether the National Environmental Policy Act (NEPA) mandates a federal agency to study environmental impacts beyond those within its regulatory authority.Continue Reading Supreme Court To Resolve NEPA Dispute Over Environmental Review Boundaries
Supreme Court Examines Standard of Proof for FLSA Exemptions
In E.M.D. Sales, Inc. v. Carrera, the Supreme Court will grapple with the question of whether the standard of proof for Fair Labor Standards Act (FLSA) exemptions is a preponderance of the evidence or clear and convincing evidence. Under the FLSA, employers must pay employees time-and-a-half for work exceeding 40 hours a week unless an exemption applies.Continue Reading Supreme Court Examines Standard of Proof for FLSA Exemptions
Supreme Court Grapples With Footnotes and Forum-Shopping
In Royal Canin v. Wullschleger, the Supreme Court will determine whether a plaintiff, whose state court action has been removed by the defendant to federal court, may seek to have the case remanded to state court by amending the complaint to remove all references to federal law.Continue Reading Supreme Court Grapples With Footnotes and Forum-Shopping
Sixth Circuit Issues Major False Claims Decision
On March 28, 2023, the U.S. Court of Appeals for the Sixth Circuit issued an important decision, US ex rel Martin, et al., v. Hathaway, et. al., Case No. 22-1413, regarding the Anti-Kickback Statute (AKS) and False Claims Act (FCA). In affirming the District Court’s dismissal of an FCA complaint against Oaklawn Hospital (Oaklawn) and a physician, the Sixth Circuit placed boundaries on the term “remuneration” under the AKS. Its decision is the first to define the scope of the term “remuneration” under the AKS. In addition, the Sixth Circuit adopted the “but-for” standard for causation to bring an AKS claim. This decision empowers healthcare providers, and other companies, with strong legal arguments to dismiss speculative and unsubstantiated lawsuits brought under the AKS and FCA.
Continue Reading Sixth Circuit Issues Major False Claims Decision