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McGuireWoods LLP | USA | 25 Jan 2023
Eighth Circuit Confirms That No Anti-Removal Presumption Applies under CAFA
The Eighth Circuit recently held that a district court “applied the wrong legal standard” when it remanded a case after removal under the Class…
Maurice Wutscher LLP | USA | 22 Dec 2022
8th Cir. Holds Statute of Limitations for Facial Challenges to Agency Action Accrue at Publication
The U.S. Court of Appeals for Eighth Circuit recently held that, when plaintiffs bring a facial challenge to a final agency action, the right of…
Buckley LLP | USA | 8 Dec 2022
Supreme Court asked to stay judgment holding that HEROES Act does not authorize the creation of the DOE’s student debt relief plan
Recently, the DOJ filed an application on behalf of the Department of Education (DOE) asking the U.S. Supreme Court to stay a judgment entered by the…
Buckley LLP | USA | 1 Dec 2022
Supreme Court to fast-track review of student debt relief program
On December 1, the U.S. Supreme Court agreed to hear the Biden administration’s appeal of an injunction entered by the U.S. Court of Appeals for the…
Buckley LLP | USA | 1 Dec 2022
Supreme Court to fast-track review of Biden’s student debt relief program
On December 1, the U.S. Supreme Court agreed to hear the Biden administration's appeal of an injunction entered by the U.S. Court of Appeals for the…
McDermott Will & Emery | USA | 29 Nov 2022
Functionality Dooms Alleged Trade Dress Protection
The US Court of Appeals for the Eighth Circuit affirmed summary judgment of noninfringement in a trade dress suit, finding that the trade dress was…
Baker Sterchi Cowden & Rice LLC | USA | 18 Nov 2022
Eighth Circuit Update: Non-Consumers Cannot Bring Action against Debt Collector for Violations of Section 1692c(b)
The Eighth Circuit has held that §1692c(b), which prohibits unauthorized communications from debt collectors to third parties, cannot give rise to a…
Buckley LLP | USA | 16 Nov 2022
8th Circuit pauses student debt relief program
On November 14, the U.S. Court of Appeals for the Eighth Circuit granted an emergency motion for injunction pending appeal filed by state attorneys…
Buckley LLP | USA | 28 Oct 2022
8th Circuit temporarily pauses Biden’s student debt relief plan
On October 21, the U.S. Court of Appeals for the Eighth Circuit issued an order granting an emergency motion filed by state Attorneys General from…
Baker McKenzie | USA | 7 Oct 2022
United States: Medtronic II - A modern Pride and Prejudice
In Medtronic II, on remand from the Eighth Circuit, the Tax Court rejected both parties’ transfer pricing methods: the CUT and the CPM. Instead, the…
