News & Publications

Federal Court Of Appeals Stays SEC Climate Rule

On Friday, March 15, 2024, the United States Court of Appeals for the Fifth Circuit issued an administrative stay on the application of the SEC's new rules regarding climate-related disclosures for investors, which we covered in previous posts here, here and here. While similar litigation is pending in other jurisdictions, the Fifth Circuit was the first to rule, issuing a one-sentence order imposing the stay only nine days after the rules were adopted. The petitioners – led by participants [...]

The Supreme Court Declines To Weigh In On Dispute Over Campus Speech Policies

On March 4, 2024, the Supreme Court vacated the Fourth Circuit Court of Appeals' judgment in a case challenging Virginia Tech's bias intervention and response team policy, instructing the court to dismiss the case as moot. The Fourth Circuit decided the case in the university's favor last May,1 adding to a growing body of law addressing whether Speech First, an advocacy organization that purports to represent student speech on campus, has standing to challenge campus speech [...]

Fourth Circuit Sends Family Dog Shooting Case To Trial

The U.S. Court of Appeals for the Fourth Circuit recently reversed a summary judgment in favor of a police officer who had been sued for an unreasonable seizure under the Fourth Amendment arising out of an incident that had resulted in the shooting death of a pet dog. According to the appellate court, the conflicting accounts of what happened could only be resolved by a jury. Ray v. Roane, No. 22-2120 (4th Cir. Feb. 22, 2024). [...]