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By Sulaiman Abdur-Rahman | August 14, 2024
"Novartis has not established on the current record that it is likely to suffer irreparable harm if injunctive relief is not granted," U.S. District Judge Dabney L. Friedrich wrote in her memorandum opinion denying Novartis's motion for a preliminary injunction without prejudice.
By Jimmy Hoover | August 14, 2024
One way to do that is by what scholars call "narrowing" precedents, such as by limiting them almost exclusively to the factual circumstances in which they arose. Critics have disparaged this practice as a form of "stealth overruling."
By Jimmy Hoover | August 12, 2024
After the court's June ruling overturning 40 years of deference to regulatory agencies, the "Humphrey's Executor" precedent has emerged as public enemy No. 1 of the anti-administrativist legal movement.
By Adolfo Pesquera | August 8, 2024
Two multi-billion dollar liquified natural gas projects have been put on hold because of a court ruling that FERC turned in an insufficient report.
National Law Journal | Commentary
By Alan B. Morrison | August 8, 2024
The high court's failure to address all questions presented in the case will result in much more litigation and uncertainty for private parties and many administrative agencies.
By Jimmy Hoover | August 2, 2024
At a time when the court's approval rating has sagged to near-historic lows, Elena Kagan has appeared sympathetic to progressive and Democratic critics who see the current court as driven by a conservative agenda.
By The Law Journal Editorial Board | August 2, 2024
We agree with the court's opinion and welcome it as a good tutorial on the law of contracts in the context of indemnification for first- and third-party claims.
By Scott Colesanti | August 1, 2024
Last month's demise of the judicial Chevron deference doctrine has been well- chronicled. This article vets key cases and pleading realities to weigh the effect of the court's dramatic repudiation.
By Adolfo Pesquera | July 31, 2024
A plasma cutting device used to extract stuck pipes used in oil and gas drilling is not a "new explosive" and its transport cannot be barred, a federal appeals court ruled.
By Jimmy Hoover | July 30, 2024
Led by the coal-mining state of West Virginia, a group of Republican attorneys general say the Environmental Protection Agency is trying to circumvent recent court decisions blocking earlier versions of its anti-coal agenda.
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