Appellate Law News and Insights

Eleventh Circuit Ruling On Faaaa Preemption Of Freight Broker Tort Claims Sets Up Circuit Split

Published: May 02, 2023
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Houston, Texas (April 18, 2023) – This week, the Eleventh Circuit Court of Appeals issued a ruling that sets up a split in authority over whether freight broker tort claims are preempted by the Federal Aviation Administration Authorization Act (FAAAA) (40 U.S.C. § 14501(c)(1), and whether those claims are excluded from...

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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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