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Latest News in Appellate

• August 19, 2025

  Ninth Circuit Pauses Oak Flat Land Transfer Pending Appeals

  A Ninth Circuit panel has hit pause on the federal government's scheduled transfer of a centuries-old Indigenous worship site within Arizona's Tonto National Forest to a copper mining company while challenges to a multi-billion dollar proposed project play out in the appellate court.

• August 19, 2025

  Trump's 'Abnormal' Use Of FCA Could Get Tricky In Court

  The Trump administration is wielding the False Claims Act in unusually narrow ways to drive policies on social and cultural issues — including gender-affirming care and diversity, equity and inclusion programs — but the government's potential theories of liability under the federal law remain largely untested and might not hold up in court, experts say.

• August 19, 2025

  BREAKING: 5th Circ. Says NLRB Structure Likely Unconstitutional

  The Fifth Circuit on Tuesday upheld lower court injunctions barring the National Labor Relations Board from prosecuting unfair labor practice cases against SpaceX and two other companies, saying the removal protections that federal labor law gives board members and agency judges likely violate the U.S. Constitution.

• August 18, 2025

  Williams-Sonoma Loses Bid To Narrow Thread-Count Class

  A California federal judge on Monday denied Williams-Sonoma's bid to exclude certain class members from a suit alleging it misled consumers about the thread count of its bedding, finding the company did not meet its burden to establish the consumers agreed to arbitrate their claims.

• August 18, 2025

  9th Circ. Splits Over Ore.'s Denial Of Christian Youth Grants

  A split Ninth Circuit panel on Monday largely upheld a lower court's refusal to preliminarily block Oregon's requirement that recipients of certain youth grants agree not to discriminate on the basis of religion, though it also said the rule is unconstitutional if it restricts any initiatives that aren't tied to the grants.

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