5 Trends To Watch: 2025 Appeals & Legal Issues

With the U.S. Supreme Court having ended Chevron deference to federal agencies’ statutory interpretations in June 2024, judges now have more freedom to construe laws without deferring to agencies.

Chevron Deference Ruling Fallout — With the U.S. Supreme Court having ended Chevron deference to federal agencies’ statutory interpretations in June 2024, judges now have more freedom to construe laws without deferring to agencies. This diminution in federal agencies’ privileged position on statutory interpretation may lead to more empowerment […]

By | Feb 22, 2025 ||

Appellate: The Landscape Of Pretrial Appeals Is Changing Rapidly

In class action lawsuits, much of the focus is on pretrial motions—and often, the appeal of lower court rulings on those motions. But for defendants, two trends could make it more difficult to win on those appeals.

When class action litigants want to challenge a district court’s decision either certifying or refusing to certify a class, they have to file a Rule 23(f) petition asking the Court of Appeals to take the case. “Getting such […]

By | Feb 20, 2025 ||

Two Appellate Courts Weigh “Uptier” Transactions Under New York Law

On December 31, 2024, the United States Court of Appeals for the Fifth Circuit and the New York Appellate Division, First Department, both issued decisions evaluating the validity of so-called “uptier” transactions under New York law. In re Serta Simmons Bedding, LLC, Excluded Lenders, No. 23-20181 (5th Cir. Dec. 31, 2024) (“Serta”); Ocean Trails CLO VII, et al. v. MLN TopCo Ltd., et al., No. 2024-00169 (N.Y. App. Div. 1st Dep’t Dec. 31, 2024) (“Mitel”). These […]

By | Feb 18, 2025 ||