Appellate Law News and Insights

The Supreme Court’s Axon Decision And Its Effects On Federal Agency Adjudications

Published: May 02, 2023
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On April 14, the Supreme Court decided Axon Enterprise, Inc. v. Federal Trade Commission et al. — along with its companion case, Securities and Exchange Commission et al. v. Cochran. In these two cases, the court held that federal district courts have jurisdiction to hear challenges to the enforcement proceedings against the regulated...

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High Court Confines ‘Racial Ridicule’ Law To Advertisements, But Will The Statute Survive?

Published: Apr 28, 2023
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In Cerame v. Lamont, answering a question of law certified by the District of Connecticut, the Connecticut Supreme Court construed Conn. Gen. Stat. § 53-37—colloquially called the "racial ridicule" law—to apply exclusively to commercial advertisements and not to other noncommercial speech. This case both offers a lesson in using the state's...

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Ninth Circuit’s Recalibration Of Equal Protection Favors Businesses

Published: Apr 21, 2023
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On March 17, 2023, a three-judge panel of the U.S. Court of Appeals for the Ninth Circuit decided Olson v. California.1 Judge Johnnie B. Rawlinson, joined by Judges Danielle J. Forrest and Morrison C. England, Jr., held that because California lawmakers were overtly hostile towards certain gig economy companies and workers when...

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