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

The statistics of relists over the past five terms: The more things change, the more they stay the same

The statistics of relists over the past five terms: The more things change, the more they stay the same

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Regular readers of SCOTUSblog know that in addition to flyspecking the Supreme Court’s docket most weeks to identify cert petitions that the justices are considering repeatedly at consecutive conferences (a practice called “relisting” cases), we periodically crunch the numbers to determine what relisting portends about what the court is likely to do with those cases it has relisted. Relists are a hint that at least some justices want to take a closer look at a case, which is often … Read the rest