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By Jimmy Hoover | August 16, 2024
Only the U.S. Supreme Court can resolve the sharp division among federal circuit courts regarding standards of online liability, Cox Communications says.
New York Law Journal | Analysis
By Benjamin M. Daniels and Ileana Polanco Cavazos | August 16, 2024
"'Jarkesy' is another case in a line of cases that question the authority of administrative agencies," write Robinson & Cole's Benjamin M. Daniels and Ileana Polanco Cavazos.
By Jimmy Hoover | August 15, 2024
"They [the justices] overturned me a couple times and I thought they were wrong," said retired Judge Thomas Griffith, who served 15 years on a federal appellate court. "But that doesn't mean that my reaction to that ought to be to change the composition of the court."
National Law Journal | Commentary
By Brian T. Fitzpatrick | August 15, 2024
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 Theresa A. Driscoll | August 15, 2024
Until now, a successful reorganization assumed the debtor could confirm a plan with nondebtor releases and injunctions based on less than full creditor consensus. Now that nonconsensual releases in Chapter 11 plans are no longer permitted, will debtors have a more difficult time obtaining a 105(a) injunction?
By Mayling Blanco, Katey Fardelmann, Sarah Perlin and Andrey Spektor | August 15, 2024
In fraud and corruption cases, the Supreme Court and the US government are marching in opposite directions. The DOJ continues to embrace new tools from Congress and the White House—including a newly-passed anti-corruption law—while the Supreme Court has increasingly cut back on the DOJ's broad theories of prosecution. This article examines the implications from the Court's latest opinion, Snyder v. United States, which, if applied to other bribery statutes, could severely limit the DOJ's view that gifts to government officials are no different than bribes.
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 Avalon Zoppo | August 13, 2024
"I'm not saying it wouldn't be a difficult political slog if somebody thought that there was some disadvantage to their side," Judge Diane Wood said. "But I frankly see no constitutional barrier."
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 Emily Saul | August 9, 2024
"This case presents an extreme example of that overreach, in an area of law that demands clarity yet has become perilously muddled," reads the writ from Barry Berke, Dani James and Darren LaVerne of Kramer Levin Naftalis & Frankel.
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