Analysis

Volatility May Follow As Justices Make Agency Firings Easier​​​​​​​

By Sarah Jarvis

The policies and enforcement priorities of federal agencies may fluctuate more rapidly based on who is president, as a result of the U.S. Supreme Court's Monday decision finding that presidents have unlimited authority to fire members of independent agencies, experts told Law360.

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Justices Strike Down Humphrey's Presidential Firing Limits

By Katie Buehler

The president has unlimited authority to fire members of independent agencies, the U.S. Supreme Court ruled Monday in a major win for President Donald Trump's campaign against officials at the Federal Trade Commission and beyond.

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Analysis

High Court Gives Fed Independence A 'Fragile' Reprieve

By Jon Hill

The U.S. Supreme Court has thrown its weight behind Federal Reserve independence by rejecting President Donald Trump's bid to immediately oust Fed Gov. Lisa Cook, but experts say the fight over central bank control may not be finished — just moving to a new phase.

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High Court Lets Fed's Lisa Cook Keep Job For Now

By Jon Hill

The U.S. Supreme Court ruled Monday that Federal Reserve Gov. Lisa Cook cannot be immediately removed from her post, a setback for President Donald Trump as he seeks to further remake the central bank's leadership.

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High Court OKs Late-Arriving Ballot Counts

By Katie Buehler

The U.S. Supreme Court on Monday upheld Mississippi's law allowing state election officials to count mail-in ballots that arrive up to five days after Election Day, paving the way for the Magnolia State and 14 others, along with the District of Columbia, to count late-arriving ballots in this year's midterm elections.

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Justices To Weigh If Asylum Termination Bars Green Cards

By Britain Eakin

The U.S. Supreme Court said Monday it will review a split Second Circuit decision holding that noncitizens whose asylum status was terminated after criminal convictions are no longer eligible to seek green cards.

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Top Court Won't Hear Trump Appeal Of $5M Carroll Verdict

By Cara Salvatore

The U.S. Supreme Court refused Monday to review President Donald Trump's appeal of a $5 million sexual abuse and defamation verdict in favor of writer E. Jean Carroll.

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Justice Jackson Tops High Court Book Earnings In 2025

By Ryan Boysen

U.S. Supreme Court Justice Ketanji Brown Jackson made nearly $1.2 million in book royalties last year, bringing her total to $4.14 million and making her the most highly compensated author on the high court, according to financial disclosure forms released Monday.

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3rd Circ. Preview: DuPont Pensions, Detainees' Court Access

By Carla Baranauckas

An appeal testing the limits of ERISA fiduciary liability goes before the Third Circuit in July when DuPont and Corteva seek to overturn a district court ruling that a corporate spinoff damaged employees' retirement benefits. The court will also hear argument on whether heavy equipment giant Caterpillar forced a competitor out of business by pressuring a vendor. Here are some highlights from the court's July calendar.

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Brief

NC 'Faithful Slaves' Monument Suit To End In Settlement

By Abigail Harrison

North Carolina residents are nearing a settlement in their lawsuit against a county alleging a monument that commemorates "faithful slaves" considered loyal to the South during the Civil War is unconstitutional, according to a notice filed in North Carolina federal court.

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Justices Turn Away Case Challenging SEC's 'Gag Rule'

By Jessica Corso

The U.S. Supreme Court on Monday said it would not hear a constitutional challenge to a now-rescinded U.S. Securities and Exchange Commission policy that prohibited defendants from denying allegations against them when settling an enforcement action with the agency.

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Justices Will Resolve Circuit Split Over Pipeline Payouts

By Keith Goldberg

The U.S. Supreme Court on Monday agreed to resolve a circuit court split over how to determine what gas infrastructure project developers should pay landowners in eminent domain proceedings, a move encouraged by the Trump administration.

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US Pays Duke Energy $129M To Drop NC Offshore Wind Lease

By Hayley Fowler

Duke Energy Corp. has agreed to give up an offshore wind project off the coast of North Carolina in exchange for a $129 million payment by the Trump administration, according to an announcement Monday by the U.S. Department of the Interior.

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Nokia Sues US Over $3 Billion Superfund Cleanup Bill

By Jared Foretek

Nokia on Monday claimed the federal government wrongly left it on the hook for a disproportionate share of the massive Superfund cleanup of the New Jersey's lower Passaic River in a new lawsuit against the U.S. Department of Justice and U.S. Environmental Protection Agency.

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Supreme Court To Review Wash. Youth Gender Care Law

By Jared Foretek

The U.S. Supreme Court will hear a challenge to Washington state's law permitting shelters not to notify the parents of runaway teens who seek gender-affirming treatment, reviving a lawsuit that a Ninth Circuit panel unanimously shot down after a district judge found the plaintiffs could only show speculative injury.

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PBMs Drop Fight To Pause Insulin Case Amid Deal Talks

By Matthew Perlman

Optum, Caremark and Express Scripts on Monday dropped their appeal in a case challenging the constitutionality of the Federal Trade Commission's in-house administrative process, and the pharmacy benefit managers are working to settle the commission's remaining insulin-pricing claims.

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Hospital That Halted Gender Care Must Show Cause

By Zach Dupont

A Colorado state court judge issued a citation on Friday to Children's Hospital Colorado ordering it to show cause for why the hospital refuses to provide gender-affirming care to patients in violation of a preliminary injunction order issued by the Colorado Supreme Court. 

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Roundup

Supreme Court Shuts Down 4 Patent Cases

By Theresa Schliep and Dani Kass

The U.S. Supreme Court turned down four petitions over patent law Monday, meaning it won't review questions related to prosecution laches, jury verdicts, patent eligibility and marking.

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Justices Won't Hear Mom's Copyrighted School Survey Fight

By Ivan Moreno

The U.S. Supreme Court on Monday declined to take up a Kentucky mother's bid to resolve whether federal or state courts have authority to decide if copyright's fair use doctrine allows her to obtain a copy of a student mental-health survey from her child's school district.

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High Court Blocks Roy Moore's Bid To Preserve $8.2M Win

By Kelcey Caulder

The U.S. Supreme Court on Monday rejected an emergency stay request from former Alabama Supreme Court justice Roy Moore, shooting down his attempt to save an $8.2 million defamation verdict he was awarded for his claims that a Democratic PAC ad suggested he solicited a minor for sex.

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High Court Passes On UT Professor's Speech-Chilling Suit

By Spencer Brewer

The U.S. Supreme Court on Monday refused to take up a University of Texas at Austin professor's appeal alleging the university punished him for his conservative speech and criticism of university leadership.

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Judge Voids DOT Freeze On NY-NJ Gateway Tunnel Funds

By Linda Chiem

A Manhattan federal judge on Monday barred the Trump administration from freezing funds for New York and New Jersey's $16 billion rehabilitation of aging commuter train tunnels under the Hudson River, saying the administration's unilateral cancellation of federally obligated grant funds was unlawful.

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Fla. Says Fear Of ICE Doesn't Justify Anonymous CDL Suit

By David Minsky

Florida's motor vehicle agency asked a federal court to deny foreign truckers' motion for anonymity in their lawsuit challenging the agency's decision to stop issuing commercial driver's licenses to certain noncitizens, arguing their fear of reprisal by U.S. Immigration and Customs Enforcement doesn't justify that request.

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Kalshi's Sports Betting Temporarily Halted In Michigan

By Lauren Berg

A Michigan judge Monday issued an order temporarily blocking Kalshi from offering sports wagers to residents, as the state's attorney general pursues a lawsuit alleging the prediction market is running an unlicensed online sports betting platform.

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ShinyHunters Likely Hacked NAIC's Credit Agency Data

By Abraham Gross

The National Association of Insurance Commissioners suspended its designated ratings for insurer investments after hackers suspected of belonging to the ShinyHunters group captured nonpublic information, including ratings determinations of insurer investments.

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Brief

Insurers Seek NJ Mass Tort For No Surprises Act Suits

By George Woolston

Five of the largest health insurers in the Garden State have asked the New Jersey Supreme Court to designate 160 pending cases seeking the enforcement of alleged independent dispute resolution payment determinations issued under the federal No Surprises Act as multicounty litigation, according to a notice to the Bar Association.

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Trump Picks Acting DOL Head To Serve As Labor Secretary

By Max Kutner

President Donald Trump said Monday that he plans to nominate acting Labor Secretary Keith Sonderling to formally serve in the role, which has been vacant since the departure of Lori Chavez-DeRemer amid an internal watchdog investigation. 

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26 States Sue To Nix Medicaid Work Rule For Medically Frail

By Rae Ann Varona

More than two dozen states sued the Trump administration Monday in Massachusetts federal court in a bid to strike down new Medicaid work requirements for certain enrollees, saying the administration did not consider the consequences the requirements would have on vulnerable Medicaid enrollees.

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Feds Sue Mich., Other States For Not Sharing SNAP Records

By Lauren Berg

The U.S. Department of Justice is asking federal courts to force Kentucky, Michigan, Minnesota and Pennsylvania to turn over their Supplemental Nutrition Assistance Program applicant data that the Trump administration claims it needs to uncover billions of dollars in overpayments and fraud.

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FLRA Union Case Management Rule Struck Down As 'Arbitrary'

By Hailey Konnath

A Massachusetts federal judge on Monday vacated a Federal Labor Relations Authority rule changing its process for handling union representation cases, agreeing with a coalition of unions that the decision to transfer power from the FLRA's regional directors to its members was arbitrary and capricious.

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Wash. Teachers Win $120M In 23-Year Retirement Dispute

By Ben Adlin

Washington's Department of Retirement Systems owes nearly $120 million to a class of more than 26,000 public school teachers after decades of wrongfully withholding interest and investment returns from their retirement accounts, according to a state judge's ruling in a long-running employee benefits case.

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1st Circ. Won't Order Judge To Rule On 'Loyalty' Question

By Julie Manganis

The First Circuit declined a request by three federal worker unions to formally order a Massachusetts district judge to pick up the pace in ruling on their challenge to a Trump administration policy asking job applicants for their views on the president's agenda, something the plaintiffs are calling an unlawful "loyalty" question.

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Calif. Federal Judge Speeds Up Review Of FEMA Staffing Cuts

By Emily Brill

A California federal judge won't block staffing cuts at FEMA now, but she will quickly resolve allegations that the cuts violate the Administrative Procedure Act, she said, denying a union-led coalition's request for an injunction but granting its request for expedited resolution of the claims.

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Brief

Gov't Arg. For DOGE Access Stay Is 'Red Herring,' Judge Says

By Nadia Dreid

The Trump administration can't convince a Maryland federal judge to rescind her order opening discovery into allegations the Department of Government Efficiency flouted her orders to stop accessing sensitive Social Security Administration data.

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Analysis

The End Of An 'Independent' FTC

By Bryan Koenig

Federal Trade Commission members, responsible for merger review, antitrust enforcement, consumer protection safeguards and rulemaking, and industry analysis, no longer serve at a remove from presidential authority, thanks to Monday's U.S. Supreme Court ruling that could dramatically remake the FTC and other independent agencies.

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House Sends Kids Online Safety Bill To Skeptical Senate

By Allison Grande

The U.S. House of Representatives on Monday passed legislation to boost online data privacy and safety protections for children and teens, moving the measure along to the U.S. Senate, where key lawmakers have already come out against the proposal for what they say are insufficient mechanisms for holding major technology companies accountable. 

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ChatGPT Helped FSU Shooter Plan Attack, Survivor Says

By Carolina Bolado

A survivor of the deadly April 2025 shooting at Florida State University alleges OpenAI's ChatGPT program helped the shooter plan the details of his attack on the school's campus and failed to alert anyone to his mental health issues.

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Colo. Justices Say Dad Missed Deadline In Fatal Crossing Suit

By MJ Koo

The Colorado Supreme Court ruled Monday that a father cannot proceed with his lawsuit against a city and utility over his daughter's death after being struck by a car, finding that the one-year deadline to bring survival claims applies even when no legal representative was appointed before the victim's death.

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Ill. Judge Says Claims Court Must Hear DEI Grant Fight

By Ganesh Setty

Two organizations' lawsuit challenging the Trump administration's decision to discontinue two education grants must be heard by the U.S. Court of Federal Claims, an Illinois federal court ruled, while finding jurisdiction likely still exists over the plaintiffs' First Amendment claims.

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Baltimore, Academic Groups Drop Suit Over Trump DEI Orders

By Grace Elletson

The city of Baltimore and two academic groups have dropped their constitutional challenge to two Trump administration executive orders that sought to cancel diversity, equity and inclusion-related government grants, stating they were content with a Fourth Circuit ruling that clarified the "narrow scope" of the president's directives.

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German Steel Antidumping Duty Misses Mark Again, CIT Finds

By Dylan Moroses

The U.S. Department of Commerce must further justify various aspects of its latest analysis reaching a new antidumping margin for a German exporter of steel forged fluid end blocks, according to an opinion published Monday by the U.S. Court of International Trade.

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Va. Has Nation's First Electricity Tax On Data Centers

By Maria Koklanaris

Virginia, the state with the country's largest number of data centers, enacted a budget Monday that includes a first-in-the-nation electricity tax on the centers.

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Spain To Cut Tax On Electricity Producers

By Kevin Pinner

The Spanish government has decided to cut its 7% tax on electricity producers starting this year, reaching a 0% rate in 2028 as costs for the country's electricity system become less expensive, the country's cabinet said Monday. 

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Fla. Adjusts Property Tax Millage Rate Calculations

By Jaqueline McCool

Florida will change the calculation of the maximum allowed for local property tax millage rates under a bill signed by Republican Gov. Ron DeSantis.

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Ore. Court Says No Urban Zone Farm Tax Break After 25% Sale

By Sanjay Talwani

The conveyance of a 25% undivided interest in a 36-acre Oregon property within an urban growth boundary constituted a sale disqualifying it from a tax break for farm properties, the state tax court ruled.

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SoCal Cities Call Warrantless ICE Raids 'Campaign Of Terror'

By Bonnie Eslinger

A group of 22 Los Angeles-area governments urged a California federal judge to issue a preliminary injunction blocking U.S. Immigration and Customs Enforcement from making certain warrantless immigration arrests in a litigation claiming the agency is conducting a "campaign of terror" targeting Latino individuals in their communities.

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California Asks Court To Halt 'Catastrophic' ICE Facility

By Isaac Monterose

The state of California and Santa Clara County told a California federal court to block the federal government and a real estate investment firm from going forward with an immigrant detention facility allegedly planned for a 24.5-acre site, saying it would cause "significant and potentially catastrophic environmental and public health harms."

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Judge Limits Vegas Trip For BigLaw Insider Trading Defendant

By Julie Manganis

A Massachusetts federal magistrate judge said Monday a defendant described by prosecutors as a "lynchpin" in the BigLaw insider trading case must limit a planned visit to Las Vegas next month to just two nights, saying she also has "concerns about the validity" of a financial statement he provided to obtain a federal defender.

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Justices Asked To Revive Fight Over Texas Sacred Site

By Crystal Owens

Two members of a Native American church are asking the Supreme Court to reverse a Fifth Circuit decision that said the city of San Antonio's plans for a park expansion did not substantially burden their religious rights, arguing that the appellate court "joined the wrong side of two existing circuit splits."

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Blackfeet Tribe Wants Mont. Water Rights Dispute Tossed

By Crystal Owens

The Blackfeet Nation has asked a district court to dismiss a challenge to a Milk River water rights settlement between the tribe, Montana and the federal government, arguing that if successful, the case will deprive the tribe of its most significant property rights.

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FCC Set To Block Call Traffic From Telecom Over Robocalls

By Nadia Dreid

The Federal Communications Commission is ready to block a Denver-based voice call provider from operating in the United States if it doesn't quickly answer the agency's questions about what it's doing to stop illegal robocalls from being transmitted on its network.

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Verizon Asks Justices To Send Privacy Fine Back To 2nd Circ.

By Christopher Cole

Verizon urged the U.S. Supreme Court on Monday to allow it to contest an already-paid $47 million data privacy fine in the Second Circuit after the justices upheld the Federal Communications Commission's penalty powers but found them subject to court review.

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Rural Network Providers Seek FCC Waiver To Alter Routers

By Nadia Dreid

Now that the Federal Communications Commission has given some telecommunications trade groups permission to make changes to foreign-made routers that the agency has banned from being imported, those groups are asking the agency to let suppliers make the changes themselves.

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US Needs To Emphasize Orbit Power Limits, Report Says

By Christopher Cole

A group of satellite policy experts pressed for updated power limits for low Earth orbit satellites during the run-up to the World Radiocommunication Conference.

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Justices Toss 3rd Circ. Pot Gun Ruling, Leave 5th Circ. Intact

By Sam Reisman

The U.S. Supreme Court on Monday disposed of two cases questioning whether a federal law barring users of marijuana from lawful gun ownership runs afoul of the Second Amendment, following the justices' recent ruling on a similar matter.

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RI Seeks End To Pot License Freeze After Law Change

By Sam Reisman

Rhode Island cannabis regulators are urging a federal judge to lift a preliminary injunction that halted social equity and adult-use cannabis licensure, saying recently enacted legislation removes the specific elements of the state's marijuana law that drew a constitutional challenge in the first place.

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Brief

Cannabis Atty Org. Urges DEA To Air Rescheduling Hearings

By Sam Reisman

The International Cannabis Bar Association on Monday urged the U.S. Drug Enforcement Administration to make public, in real time, agency hearings on a proposal to move marijuana from Schedule I to Schedule III under the Controlled Substances Act.

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High Court Will Hear Arizona Voter ID Challenge

By Crystal Owens

The Supreme Court on Monday agreed to take a petition from the Republican National Committee seeking to undo a Ninth Circuit decision to partially invalidate certain provisions of two Arizona laws that require proof of citizenship to vote by mail and in presidential elections.

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High Court Passes On Texas Ban On Paid 'Vote Harvesting'

By Spencer Brewer

The U.S. Supreme Court on Monday declined to take up an appeal by voting rights advocates who claim a Texas law banning so-called vote harvesting violates the First Amendment.

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Justices Seek SG's Input On Undated Mail Ballots In Pa.

By Matthew Santoni

The U.S. Supreme Court has asked the federal government to weigh in on a case to determine if defects like missing or incorrect dates can invalidate mail-in ballots, after the Republican National Committee intervened to uphold such a rule in Pennsylvania.

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Trump Admin To Appeal Block On Voter Database Expansion

By Aneeta Mathur-Ashton

The Trump administration is appealing a D.C. federal judge's decision to block its expansion of a database that allows states to screen voters.

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Judge Rebukes Feds For Demanding Pennsylvania Voter Info

By Matthew Santoni

A Pennsylvania federal judge rebuked the U.S. Department of Justice for demanding the state's voter rolls, ruling Saturday that the federal government lacked legal authority to seek records that include voters' private information.

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Colo. Justices Nix Group's Fine For Not Disclosing Donors

By Rachel Konieczny

A conservative political organization that spent more than $4 million on Colorado ballot initiatives during the 2020 election is not an issue committee under the state's constitution and can't be fined for not disclosing its donors, the Colorado Supreme Court unanimously held Monday.

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Fla. Justices Want Judge To Be Fined Over Political Donations

By Rose Krebs

Florida's highest court has rejected a proposed public reprimand for a state court judge who donated nearly $30,000 through more than 900 total contributions to political organizations, finding the judge should also have to pay a fine.

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Ex-Pa. AG, Trump Defense Firm Want Malpractice Claims Axed

By James Boyle

An elections nonprofit is seeking to keep alive its malpractice claim against the former acting attorney general of Pennsylvania and his firm, van der Veen Hartshorn & Levin, filing a quick response over the weekend to a motion to dismiss its amended complaint in Pennsylvania federal court.

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9th Circ. Revives Felon's Case Over Cash Nicked By FBI Agent

By Bonnie Eslinger

An Ohio man who pled guilty to drug trafficking charges will have a second shot at arguing that he should get back $218,000 that was found in his safe but stolen by an FBI agent, under a Ninth Circuit decision issued Monday.

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Justices' FCC Fine Ruling May Weaken Agency Leverage

The U.S. Supreme Court's decision in Federal Communications Commission v. AT&T upheld the commission's forfeiture framework as consistent with Jarkesy, but it is also likely to reduce the effectiveness of the commission’s forfeiture proceedings as a collection and deterrence tool, say attorneys at Venable.

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Takeaways From 1st Del. Ruling Applying Moelis Amendments

Delaware corporations should carefully review contractual arrangements and governance documents following the Court of Chancery's recent enforcement of a non-Delaware forum selection clause in a CEO's employment agreement under 2024 amendments to the state's General Corporation Law, say attorneys at Morgan Lewis.

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Google Antitrust Case Puts Spotlight On De Facto Exclusivity

Mozilla's recent amicus filing in U.S. v. Google arguing that its agreement to make Google the default search engine did not amount to de facto exclusivity highlights the growing debate over traditional indicators of exclusivity, with implications for any business that uses rebates, preferred contracts or volume incentives, says Chris Gowen at WilmU Farnan School of Law.

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Class Actions At The Circuit Courts: June Lessons

In this month's review of class action appeals, Mitchell Engel at Shook Hardy discusses five recent rulings from cases involving allegations of internet data misuse, consumer fraud claims, immigration, insurance and First Amendment violation claims.

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Ill. Law Firm MSO Bill Clashes With Court Power, Ethics Rules

An Illinois bill prohibiting law firms from certain business arrangements with management service organizations, sent to the governor for signature last week, encroaches upon the courts' constitutional powers and goes beyond the Illinois Rules of Professional Conduct in regulating investment in law-related services, says Matthew O’Hara at Smith Gambrell.

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Harris Beach Murtha To Combine With Peabody & Arnold

By Christine DeRosa

Harris Beach Murtha Cullina PLLC is set to expand its footprint in the Northeast through a combination with Boston firm Peabody & Arnold LLP.

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Texas Supreme Court Weighs New Rules To Tackle AI Misuse

By Lynn LaRowe

The Texas Supreme Court has proposed rule changes intended to address the misuse of artificial intelligence, including outlining possible sanctions and requiring signatories to attest to a filing's accuracy, just as a recent state bar survey showed AI use among Lone Star State lawyers more than doubling since 2024.

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DC Ethics Counsel Conflicted In Ethics Case, DOJ Atty Says

By Emily Sawicki

A former interim U.S. attorney for Washington, D.C., is urging the D.C. federal court to disqualify the District of Columbia ethics counsel from pursuing an ethics case against him, arguing that the attorney and another lawyer from his office are conflicted and that their impartiality is in question.

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McCarter & English Missed Key Docs In $20M Loans, Court Told

By Brian Steele

A McCarter & English LLP attorney botched two multimillion-dollar loan deals by failing to secure an ironclad repayment obligation from a New York town or include mandatory documents in the closing packages, a Connecticut state court heard Monday as a long-awaited malpractice trial got underway.

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Sotomayor Says 7th Circ. 'Clearly Wrong' In Immunity Ruling

By Parker Quinlan

The U.S. Supreme Court on Monday refused to take up a case over whether qualified immunity was correctly granted to two Wisconsin prison guards who left a naked man in an often freezing cold cell for 23 hours, drawing a dissent from Justices Sonia Sotomayor, Elena Kagan and Ketanji Brown Jackson.

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Analysis

Justices Look To Shed Light On Jury Role In Pepsi TM Battle

By Ivan Moreno

The U.S. Supreme Court's decision to hear a trademark fight over PepsiCo's "Mtn Dew Rise Energy" drink gives the justices a chance to clarify when juries, rather than judges, should decide whether a mark is inherently strong — a narrow question that attorneys say could affect how often infringement cases survive summary judgment.

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Catching Up With Delaware's Chancery Court

By Jarek Rutz

The Delaware Chancery Court this past week handled disputes involving controlling stockholders, executive compensation, take-private transactions, books and records demands and board governance, while the Delaware Supreme Court issued decisions in two corporate records cases previously decided in the Chancery.

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