Steve Lash

August 15, 2024 | National Law Journal

The only honest way to assess performance in the Supreme Court is to divide the number of Supreme Court reversals by the number of appeals the circuit decided the previous year. On that metric, the Fifth Circuit was reversed only one time for every 1,000 appeals.

By Brian T. Fitzpatrick

4 minute read

August 14, 2024 | National Law Journal

The Supreme Court's holding in Truck Insurance Exchange v. Kaiser Gypsum ensures that insurers who have long been silenced in Chapter 11 proceedings will now be heard.

By David Casazza, Elizabeth Kiernan and Addison Bennett

6 minute read

August 08, 2024 | National Law Journal

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 Alan B. Morrison

4 minute read

August 05, 2024 | National Law Journal

"Importantly, the court also finds that Google has exercised its monopoly power by offering supracompetitive prices for general search text ads. That conduct has allowed Google to earn monopoly profits," wrote U.S. District Judge Amit Mehta of Washington, D.C.

By Steve Lash and Maydeen Merino

3 minute read

August 05, 2024 | National Law Journal

Arguing Class Actions is a monthly column by Adam J. Levitt for the National Law Journal.

By Adam J. Levitt

7 minute read

August 04, 2024 | National Law Journal

"Of course, anything useful can be abused, and federalism is no exception," U.S. Supreme Court Justice Neil Gorsuch writes in his forthcoming book. "The cry of 'states' rights' was used to justify slavery and Jim Crow laws and to defy federal civil rights legislation."

By Neil Gorsuch

7 minute read

July 30, 2024 | National Law Journal

The broad and flexible interpretations of the word "sex" have surely surpassed the expectations of the bill's authors, and even more so its detractors who added the word itself.

By Joseph Sellers

7 minute read

July 25, 2024 | National Law Journal

There are reasons why the First Amendment may not be TikTok's strongest claim, and instead why the court should strike down the act as a violation of the constitutional prohibition on Congress passing Bills of Attainder.

By Alan B. Morrison

7 minute read

July 22, 2024 | National Law Journal

Any regulations from the FTC report will likely face numerous hurdles—especially since those regulations will need to survive arbitrary and capricious review and a renewed skepticism of regulatory schemes generally, thanks to Chevron's overturn.

By Thomas Stratmann

5 minute read

July 15, 2024 | National Law Journal

Lawmakers' attention should focus first on the most glaring weakness of the Uniformed Service Employment and Reemployment Rights Act—its enforcement structure, which is split among three federal agencies.

By Bradford J. Kelley and James A. McGehee

5 minute read