MVA Litigation Blog

This article was first published on Reuters Legal News and Westlaw Today on November 7, 2023.

(November 7, 2023) - James P. McLoughlin Jr., Mary Katherine Stukes and Pierce Werner of Moore & Van Allen discuss the arguments, background and questions surrounding the Supreme Court's upcoming review of the Chevron doctrine.

On May 1, 2023, the Supreme Court granted certiorari in Loper Bright Enterprises v. Raimondo, Case No. 21-5166. The Supreme Court will decide "[w]hether the Court should overrule Chevron or at least clarify that statutory silence concerning ...

In its 2023 term the U.S. Supreme Court will consider the case of Loper Bright Enterprises v. Raimondo, No. 22-451, in which the appellants have asked the Supreme Court to reverse decision in Chevron U.S.A., Inc. v. Natural Resources Defense Council, Inc., 467 U.S. 837 (1984), in which the Supreme Court affirmed the principle that the federal courts should defer authority of a federal agency in the interpretation of a statute where the development of regulations pursuant to a statute on a number of grounds, including the delegation of authority by Congress or the agency’s experience ...

Moore & Van Allen (MVA) Litigation Member Tanisha Palvia and Associate Alli Davidson discuss the Supreme Court decision on the intent standard for False Claims Act violations and explore its implications in their article titled, “SCOTUS clarifies intent requirement for False Claims Act cases” which was published by Westlaw and Reuters on July 6.

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SCOTUS clarifies intent requirement for False Claims Act cases

Moore & Van Allen (MVA) Employment & Labor Associate Kyle Jacob and Litigation Member Jim McLoughlin’s article titled, “Supreme Court dramatically expands scope of state court jurisdiction over businesses” was published by Westlaw on July 25.

The article

A new 5-4 decision from the U.S. Supreme Court holding registration to do business in a state is sufficient for personal jurisdiction even if the subject of the lawsuit has no connection to the state will have far reaching effects on the ability of consumers, employees, and others to sue businesses outside of their home ...

Moore & Van Allen (MVA) Members John Fagg and Jim McLoughlin, both Lawdragon 500 Leading Litigators and Chambers-ranked practitioners, recently provided commentary to Lawdragon regarding the White Collar Enforcement Under the Biden Administration. They provided their take on the Administration’s enforcement efforts so far, and what might be coming down the pipeline as the Biden Administration follows through on campaign promises to pursue more white collar criminal cases. Federal prosecutors have been pursuing COVID-related frauds, giving ...

As home to the second largest banking center in the country, North Carolina has stepped onto the leading edge of innovation in the FinTech and InsurTech arenas. Late last year, Governor Cooper signed into law H624, the North Carolina Regulatory Sandbox Act of 2021  (“Sandbox Act”), which established what is known as a “regulatory sandbox” program to encourage innovation in the development of FinTech and InsurTech products to be offered to consumers. The regulatory sandbox program provides a modified regulatory environment in which companies can have licensing or other ...

This week Chief Justice Paul Newby announced that Grant Buckner will serve as the 17th Clerk of Court for the N.C. Supreme Court.  Buckner will assume the position next month when Amy Funderburk departs after serving four years in the role. This office will be a natural fit for Buckner, who has served the Supreme Court in various capacities since 2014. He is currently lead counsel for the Court’s Office of Administrative Counsel—an office he helped to establish. Among other things, Buckner has provided legal counsel to the Supreme Court, supported the Chief Justice’s Rules Advisory Commission, and assisted the Chief Justice in responding to the COVID-19 pandemic.

Today the Supreme Court issued an order staying the OSHA Emergency Temporary Standard (ETS) that would have required all employers with 100 or more employees to enforce Covid-19 vaccination or testing requirements. 

When state and local governments began issuing shutdown and stay-at-home orders a little over a year ago, it was difficult to fathom how long businesses would be struggling to operate within the boundaries of the unprecedented restrictions. The economy has been hit hard across the board, with the U.S. travel and hospitality industry suffering an estimated $1.1 trillion in direct and indirect losses in 2020, hospitals and healthcare systems losing at least $323 billion in 2020, the NCAA and the four major U.S. sports leagues losing at least $14.1 billion, many major retailers

The losses sustained by American businesses in the wake of the COVID-19 pandemic will be measured at a level that may never be seen again in our lifetime. On July 30th, the U.S. Bureau of Economic Analysis issued an advance estimate stating that the nation’s real gross domestic product (GDP) decreased at an annual rate of 32.9% in Q2 2020, which reportedly is the worst recorded drop in American history. It was estimated early on that “business interruption losses from the coronavirus just for small businesses in the U.S. could be between $220-$383 billion per month,” resulting ...