Practice area · Civil Procedure
35 published articles in this practice area.
In Comanche Nation v. Ware, the court holds that IGRA's abrogation clause reaches suits by any tribe, not just compact parties, while Ex parte Young does not open the door to official-capacity RICO claims absent an enforcement connection.
Court rules ITC's investigation into Gregory Sidak for violating a protective order was based on an unconstitutionally appointed ALJ's action.
A D.C. federal judge said Vanda Pharmaceuticals must press its Appointments Clause fight over FDA's refusal of its tradipitant application in the court of appeals, not district court.
The Ninth Circuit declined to revisit a Second Amendment challenge to California's switchblade regulations, leaving intact a panel ruling that rejected a facial attack on the law.
Judge Randolph D. Moss said Brian Edward Moore appeared to have already received the release-related relief he sought and had previously lost on similar arguments.
A published panel ruling says a public PPP database and a company website did not, on this record, bar a qui tam suit accusing CalCon of misrepresenting its loan eligibility.
The panel said the SBA acted within its emergency authority when it treated commonly controlled nursing homes as one corporate group for Paycheck Protection Program limits.
The panel said the SBA could apply a $20 million corporate-group limit to commonly controlled nursing homes seeking Paycheck Protection Program forgiveness.
The panel said the dog-import rule fits the CDC's inspection authority and was rationally tied to preventing rabies and vaccination-document fraud.
A District of Columbia federal judge granted a pro se plaintiff pauper status but dismissed his complaint without prejudice, finding its allegations too frivolous to support jurisdiction.
A District of Columbia federal judge adopted a magistrate judge's recommendation and ordered a hearing officer to further explain parts of an IDEA decision involving extended school year services and compensatory education.
The justices adopted an amendment to the federal hearsay rule that is slated to take effect Dec. 1, 2026, absent congressional action.
Justice Sonia Sotomayor said the court should have taken up whether indigent prisoners suing together must each pay a full federal filing fee.
The Fifth Circuit said neighbors challenging a New Orleans hospital’s relocated helipad must wait for final judgment before appealing a ruling that blocked their requested permanent injunction.
Judge Richard J. Leon said the plaintiffs did not oppose WMATA's partial dismissal bid and had not pleaded serious, verifiable emotional distress.
Justice Sonia Sotomayor said Mississippi's rule for proving prejudice from counsel's mishandling of a Batson challenge is likely wrong, but the case was not a proper vehicle for review.
The justices reversed a Louisiana appellate ruling that applied a state public-health emergency immunity statute to defeat federal claims against a physical therapy provider.
Justice Samuel Alito issued an administrative stay of a Fifth Circuit order while the Supreme Court awaits a response to Danco Laboratories' application.
Chief Justice John G. Roberts Jr. stayed a D.C. Circuit mandate involving Catherine Herridge while the Supreme Court considers a stay application.
The U.S. Supreme Court partly granted a request for divided argument and expanded time while denying an amici bid to take part.
Justice Sonia Sotomayor recalled and stayed a Second Circuit mandate while the Supreme Court considers an application from a class representative for judgment creditors of the Ferdinand Marcos estate.
The emergency order gives the First Circuit time to rule on the government’s bid to stay Rhode Island federal court directives requiring full November SNAP funding.
Justice Sonia Sotomayor denied a stay request after the government said disputed funds would remain in the United States while any certiorari petition is pending.
The panel affirmed more than $793,000 in attorneys' fees for surface landowners, while a concurrence said the district court's lodestar analysis erred but did not warrant reversal.
A D.C. federal judge stayed Julie Beberman's case while a related Virgin Islands action over Foreign Service grievance proceedings may be transferred to Washington.
The Supreme Court denied review in a Humboldt County case, but Justice Gorsuch said the justices should soon reconsider precedent refusing to apply the Seventh Amendment civil jury right to the states.
The justices held that candidates have standing to challenge vote-counting rules in their own elections, sending Rep. Michael Bost's challenge to Illinois' post-election mail-ballot receipt deadline back to the lower courts.
The justices said Chevron plausibly tied challenged World War II crude-oil production to federal aviation-gasoline refining duties, vacating a Fifth Circuit remand ruling.
The justice said the standard for reviewing whether a child is well settled under the Hague Convention has divided federal appeals courts, but changed circumstances made the case a poor vehicle for review.
The Supreme Court held that the 30-day deadline for removing civil cases to federal court cannot be equitably tolled, sending Michigan's Line 5 lawsuit against Enbridge back to state court.
The FTC said 365 Retail must sell Cantaloupe's Three Square Market business to Seaga to resolve concerns that the micromarket kiosk deal would raise prices and weaken interoperability competition.
The U.S. Supreme Court said the FAAAA's motor-vehicle safety exception saves a negligent-hiring claim against C.H. Robinson from federal preemption.
The Supreme Court said cruise lines may face Title III liability for using Havana port docks confiscated after the Cuban Revolution, even though Havana Docks' concession would have expired before the cruises at issue.
Northrop Grumman is asking the Federal Trade Commission to reopen and set aside a 2018 consent order that imposed supply and firewall obligations after its Orbital ATK acquisition.
The Eighth Circuit held that the government cannot use the Debt Collection Improvement Act to sidestep the five-year limitations period for collecting OSHA civil penalties.