News & Publications

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 parties after balancing certain factors. In these cases, the Federal Trade Commission (FTC) and the Securities and Exchange Commission (SEC) were pursuing certain entities for [...]

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 certification procedure (as outlined in Conn. Gen. Stat. § 51-199b(d)) to streamline federal litigation and underscores the wisdom of advocating textually plausible statutory interpretations, even [...]

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 they enacted various pieces of legislation burdening some but not other companies (and workers), Uber, Postmates, and related plaintiffs have plausibly pleaded an equal-protection claim [...]