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Recent Articles from Pat Murphy
SCOTUS upholds FCC ‘universal service’ funding scheme
The Supreme Court ruled 6-3 that the FCC’s universal service fund does not violate the Constitution’s nondelegation doctrine, reversing the 5th Circuit.
Justices clarify deadlines for immigration petitions for review
Supreme Court rules a BIA order in withholding-only cases is not a final removal order, impacting deadlines for filing immigration appeals.
Texas can’t go to court to block nuclear storage site, justices rule
The U.S. Supreme Court rules Texas can’t go to court to challenge a license issued by the Nuclear Regulatory Commission to construct a facility in West Texas to store spent nuclear fuel.
Justices recognize limited jury trial right in prisoner cases
Supreme Court rules 5-4 that juries can decide if prisoners met PLRA exhaustion requirements when facts overlap with civil rights claims.
EPA’s denial of state plans subject to regional review, SCOTUS rules
SCOTUS rules that challenges to EPA state implementation plan denials in Oklahoma and Utah have venue within the regional circuit, not the D.C. Circuit, under the Clean Air Act.
SCOTUS: Retailers can challenge FDA’s rejection of vaping products
The Supreme Court ruled 7-2 that vape retailers can challenge FDA denials of e-cigarette marketing applications under the Tobacco Control Act.
SCOTUS resuscitates challenge to Calif. emission rules
SCOTUS rules 7–2 that fuel producers have standing to challenge EPA approval of California’s electric vehicle and emissions regulations.
SCOTUS widens window for combat vets’ disability claims
The U.S. Supreme Court’s unanimous decision in Soto v. United States confirms that Combat-Related Special Compensation claims are not subject to the Barring Act’s six-year limit.
Justices clarify rules for reopened times for appeal
The U.S. Supreme Court rules that a litigant who files a notice of appeal after the original appeal deadline but before the court grants reopening need not file a second notice after reopening.
Justices cement high bar for serial habeas petitions
U.S. Supreme Court affirms that a second habeas petition filed while the first is on appeal is “second or successive” under AEDPA, requiring appellate authorization.
SCOTUS: Tax Court couldn’t hear taxpayer’s due process appeal
Supreme Court rules the U.S. Tax Court lacked jurisdiction to hear a taxpayer’s appeal from an adverse decision in a collection due process hearing conducted pursuant to 26 U.S.C. §6330 once the Internal Revenue Service abandoned its efforts to levy against her property.
SCOTUS revives tort claims over FBI search of wrong house
The Supreme Court revives a lawsuit against the FBI for a 2017 wrong-house raid, clarifying the scope of the Federal Tort Claims Act.
Business Law
- Economy forces attorneys to get down to business
- Business Court judges trawl for customers
- Va. company's Web site did not subject business to personal jurisdiction in S.C., appeals panel rules
- Former running back from S.C. wins courtroom victory in contract dispute
- Contract – Government Contract – Qui Tam – False Claims Act
- Licenses & Permits – Beer & Wine Permit – Restrictive Covenant – Suitable Location
- Consumer Protection – FCRA – Auto Loan – Bank Accounting Errors
- Licenses & Permits – Veterinarian – Vaccine Maintenance
- Tort – Business Tort – Va. Computer Crimes Act – Trade Secrets
- Textile firm, railroad settle Graniteville train wreck lawsuit
- State regulators look at car dealer accused of lying to customers
- Subprime mortgage meltdown hits securities law
Commentary
- When the client brings ChatGPT to the consultation
- Where is she now, this model who was so beautiful?
- Content Marketing: Where law firms lose referrals and how to prevent it
- Your best people are not leaving for more money — they are leaving because you stopped paying attention
- Best at Work Insights: The choice we’re making about AI
- Beyond burnout: The case for workplaces where people thrive
- The December question every leader should anticipate
- Best at Work Insights: Don’t Import 996: Why America Should Reject Overwork Culture
- Law ‘n History: The beer, scandal and haunted mansion of the Lemp dynasty
- Using QALY to quantify emotional distress in legal cases
- Building relationships strengthens law firms, professional growth
- Lawyers face new guidance on AI, tech competence
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