Appellate Law News and Insights

The U.S. Supreme Court's recent decision in McLaughlin Chiropractic Associates, Inc. v. McKesson Corp. marks a sea change for judicial review of Federal Communications Commission (FCC) orders, and creates both risks and potential opportunities for the communications industry and companies engaging in FCC-regulated activities. By a 6-3 vote in a June 20...

Read More

On June 27, 2025, the Texas Supreme Court issued yet another landmark decision: Cactus Water Services, LLC v. COG Operating, LLC. Justice Devine delivered the opinion of the Court, holding that produced water is oil-and-gas waste, and, therefore, it belongs to the hydrocarbon lessee (i.e., the operator who is legally obligated...

Read More

On July 8, 2025, the United States Court of Appeals for the Eighth Circuit vacated the entirety of the recently adopted Negative Option Rule (the Rule) by the Federal Trade Commission (FTC).1 See Custom Commc'ns, Inc. v. Federal Trade Commission, ---F.4th----, 2025 WL 1873489 (8th Cir. July 8, 2025).The amended Rule,...

Read More