Appellate Law News and Insights

Last week, the U.S. Court of Appeals for the Second Circuit issued a precedential opinion inSantos v. Kimmel, No. 24-2196 (Oct. 6, 2025), affirming the Southern District of New York's Rule 12(b)(6) dismissal of former Congressman George Santos's copyright claims against Jimmy Kimmel, ABC, and Disney. The suit arose after...

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Why Did EPA Remove the Emergency Affirmative Defense Under Title V in 2023? In 2023, the EPA issued a rule removing emergency affirmative defenses from Title V operating programs. 88 Fed. Reg. 47029 (Jul. 21, 2023). EPA promulgated this rule following two D.C. Circuit opinions, NRDC v. EPA (2024) and U.S. Sugar Corp....

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May an employee assert a hostile work environment claim under the Age Discrimination in Employment Act (ADEA)? In Blumenshine v. Bloomington School District No. 87, the U.S. Court of Appeals for the Seventh Circuit responded affirmatively, and, in so doing, joined a number of its sister circuits that had previously recognized...

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