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On April 2, 2025, in a significant decision in FDA v. Wages and White Lion Investments, LLC, the Supreme Court unanimously upheld the Food and Drug Administration’s (FDA) decision denying marketing authorization for certain e-cigarette products. The Court held that the FDA’s decision was not “arbitrary and capricious,” finding it consistent with the agency’s pre-decisional guidance and statutory mandate.

Continue Reading Decision Alert: Supreme Court Upholds FDA Denial of E-Cigarette Products
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The Supreme Court is set to resolve a critical issue in Ames v. Ohio Dept. of Youth Services—whether majority-group plaintiffs must meet a higher evidentiary burden to prove reverse discrimination under Title VII. The case challenges the long-standing requirement that plaintiffs from majority groups must establish “background circumstances” suggesting discrimination, a standard not applied to minority-group plaintiffs.

Continue Reading Supreme Court To Rule on Additional Burden for Reverse Discrimination Claims
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In a significant and unanimous ruling, the Supreme Court held that reimbursement requests submitted to the E-Rate program qualify as “claims” under the False Claims Act (FCA) if any portion of the funds involved originates from the U.S. Treasury. The decision in Wisconsin Bell, Inc. v. United States ex rel. Heath is poised to have far-reaching implications for entities that receive federal funds through intermediaries, heightening litigation and raising the stakes for FCA compliance.

Continue Reading Decision Alert: Supreme Court Broadens False Claims Act Reach To E-Rate Reimbursement Requests
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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
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Earlier this month, in BLOM Bank SAL v. Honickman, the Supreme Court considered whether a court must balance the finality principles of Federal Rule of Civil Procedure 60(b) with the liberal amendment policies of Rule 15(a) when plaintiffs seek to reopen a final judgment to file an amended complaint.

Continue Reading The Supreme Court Weighs Rule 60(B) Finality Against Rule 15(A)
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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
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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
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Stanley v. City of Sanford raises significant questions about the scope of protections under the Americans with Disabilities Act (ADA) for individuals after employment.

Continue Reading Supreme Court Tackles Post-Employment Disability Discrimination
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In McLaughlin Chiropractic Associates v. McKesson Corporation, the Supreme Court is set to determine whether the Hobbs Act requires district courts to follow the Federal Communications Commission’s (FCC) interpretation of the Telephone Consumer Protection Act (TCPA)—specifically, the FCC’s understanding that the TCPA does not prohibit electronically received faxes, a mundane issue that involves seemingly extinct technology (fax machines), but arising in a case that holds potentially significant constitutional consequences.

Continue Reading Supreme Court To Clarify Finality of Federal Agency Orders
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In FDA v. R.J. Reynolds Vapor Co., the Supreme Court will decide whether an e-cigarette manufacturer can seek review of the FDA’s denial of its marketing application in a forum where it does not reside by joining a retailer who does.

Continue Reading Up in Smoke: The Supreme Court Explores Who Can Challenge FDA Orders Under the Family Smoking Prevention and Tobacco Control Act—and Where.