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3 Jul 2024, 10:43 am by Guest Author
Those aggrieved by SEC final agency action can appeal to the DC Circuit or their home circuit. [read post]
3 Jul 2024, 10:30 am by Dennis Crouch
Federal Circuit’s frequent use of Rule 36 no-opinion affirmances is an outlier among appellate courts. [read post]
3 Jul 2024, 10:15 am by Eileen McDermott
Court of Appeals for the Federal Circuit (CAFC) on Wednesday, July 3, affirmed a district court’s holding that a patent for e-signature technology was ineligible under Section 101. [read post]
3 Jul 2024, 10:15 am by Eileen McDermott
Court of Appeals for the Federal Circuit (CAFC) on Wednesday, July 3, affirmed a district court’s holding that a patent for e-signature technology was ineligible under Section 101. [read post]
3 Jul 2024, 8:00 am by Paul L. Singer
Court of Appeals for the 5th Circuit should reject Intuit’s appeal of the FTC’s order because: The States Contend Concurrent Enforcement by the FTC and State Governments is a Common, Widely Accepted Practice that Does Not Undermine the Validity of the FTC Order. [read post]
3 Jul 2024, 7:33 am by Eric Goldman
That close vote puts all future Section 230 appeals in the Fifth Circuit in a blender. [read post]
2 Jul 2024, 9:30 pm by Meredith Ervine
Late last week, Dave shared that the Fifth Circuit Court of Appeals, in National Association of Manufacturers v. [read post]
2 Jul 2024, 2:54 pm by Michael Hoenig
Lower Court Decisions A federal district court in Louisiana granted an injunction and the Fifth Circuit Court of Appeals largely upheld the lower court’s order reasoning that the government’s actions in effect coerced the platforms into becoming state actors and suppressed free speech. [read post]
2 Jul 2024, 1:15 pm by Lucas Thrun
Court of Appeals for the Federal Circuit (CAFC) to reconsider its use of Rule 36 when affirming decisions. [read post]
2 Jul 2024, 11:11 am by Dennis Crouch
”  In the appeal, the Federal Circuit provided substantial deference to this rule and sided with the PTO — writing that under Chevron, “we accept an agency’s construction of the statute even if the agency’s reading differs from what a court believes is the best statutory interpretation. [read post]
2 Jul 2024, 11:05 am by Amy Howe
Court of Appeals for the 5th Circuit upheld the law. [read post]
2 Jul 2024, 9:15 am by Lucas Thrun
Court of Appeals for the Federal Circuit (CAFC) to reconsider its use of Rule 36 when affirming decisions. [read post]
2 Jul 2024, 7:41 am by Eugene Volokh
You can read the majority and dissenting opinions in the Fifth Circuit here, and the petition, response, and reply here. [read post]
2 Jul 2024, 4:19 am
Federal and State Case Law and T.T.A.B. [read post]
1 Jul 2024, 9:01 pm by Michael C. Dorf
Court of Appeals for the Fifth Circuit rejected Judge Kacsmaryk’s invalidation of the original approval of mifepristone but affirmed his invalidation of subsequent FDA actions that made it more widely available—including a 2021 action that allowed the prescription of mifepristone without the need for an in-person medical visit.As in Murthy, so too here, the Court found that the plaintiffs lacked standing. [read post]
1 Jul 2024, 9:00 pm by Vikram David Amar
U.S. case affirming the Ninth Circuit Court of Appeal’s ruling upholding the federal Mandatory Repatriation Tax of 2017). [read post]
1 Jul 2024, 3:24 pm by Scott Bomboy
The 11th Circuit Court of Appeals ruled that the Florida law violated the social media companies’ First Amendment free speech rights, while the Fifth Circuit Court of Appeals upheld the Texas law. [read post]