Fourteen cases to watch from the Supreme Court’s end-of-summer “long conference”

Fourteen cases to watch from the Supreme Court’s end-of-summer “long conference”

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The Relist Watch column examines cert petitions that the Supreme Court has “relisted” for its upcoming conference. A short explanation of relists is available here.

Just before the Supreme Court begins its new term on the first Monday in October, the court gathers to consider all the hundreds of cert petitions that have built up over the summer. The court’s so-called “long conference” took place on Sept. 30 this year, and it yielded 15 granted cases so far. … Read the rest

The Saga’s Not Over – FTC Appeals Florida Court’s Stay of Non-Compete Rule

Just over a month ago, employers throughout the United States breathed a sigh of relief after Judge Ada Brown in the Northern District of Texas issued a summary judgment ruling in the Ryan v. FTC litigation setting aside the FTC’s rule banning the vast majority of non-competes (the “Rule”). In that decision, Judge Brown reasoned—just as she had in her order on the plaintiffs’ motion to stay and enjoin the Rule—that the FTC violated the APA because it “exceeded its … Read the rest

Pennsylvania Federal Court Refuses to Enjoin FTC’s Noncompete Rule, Creates Split in Federal Courts

As we previously reported, the U.S. Federal Trade Commission (FTC) issued a Final Rule which, on its anticipated effective date of September 4, 2024, will invalidate nearly all preexisting noncompetition agreements and bar employers from entering into such restrictions with workers in the future.

Since then, the Final Rule has been subject to legal challenges nationwide. Shortly before Independence Day, a Texas federal judge preliminarily enjoined the Final Rule on a limited basis, concluding that the plaintiffs in the case … Read the rest

Can Florida Courts Confirm Appraisal Awards and Appoint Umpires?

The property insurance policy calls for a court to appoint umpires. Parties typically file a petition to appoint an umpire and then a request to confirm the appraisal award after the appraisal panel renders a decision. A reader of this blog asked me to comment on the following ruling from a recent Florida appellate case:1 

State Farm Florida Insurance Company (‘State Farm’) appeals the final judgments entered in four related cases that confirmed appraisal awards set by a

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Proposed FY 2024 Funding Levels Would Hurt Courts and Public, Letter to Congress Says

The Judicial Conference has expressed “deep concern” about pending congressional appropriations legislation, saying proposed funding levels that are far below the Judiciary’s request would have detrimental impacts on federal courts and the public.
Judiciary News – United States CourtsRead the rest

Justices debate propriety of litigation in trial courts while defendants are on appeal seeking arbitration

Justices debate propriety of litigation in trial courts while defendants are on appeal seeking arbitration

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If anything is clear after Tuesday’s argument in Coinbase v. Bielski, it is that the justices are not going to agree on the answer. The case asks what a trial court should do if it denies a defendant’s motion for arbitration. The Federal Arbitration Act gives the defendant the right to an immediate (“interlocutory”) appeal, but it says nothing about a stay of litigation in the district court. So in these cases (proposed class actions against Coinbase, a … Read the rest