The Supreme Court heard argument in Enbridge Energy, LP v. Nessel (No. 24-783), a case that presents a deceptively narrow procedural question with potentially significant consequences for federal jurisdiction: whether the 30-day deadline for removal set forth in 28 U.S.C.
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Latest from Dykema - Page 7
Supreme Court to Determine the Limits of State Powers in Tax Foreclosures
In Pung v. Isabella County (No. 25-95), the Supreme Court is considering whether the Takings Clause requires governments to compensate property owners based on the fair market value of their property following a tax foreclosure, rather than limiting compensation to…
Supreme Court Weighs Whether Negligent Selection Claims Are Preempted By the FAAAA
On March 4, the Supreme Court heard argument in Montgomery v. Caribe Transport, II, a case that presents an important question at the intersection of federal preemption and state tort law: whether common-law negligent selection claims against freight brokers are…
Grant Alert
Suncor Energy, Inc. v. County Commissioners of Boulder City
The Supreme Court’s grant of certiorari in Suncor Energy, Inc. v. County Commissioners of Boulder County (No. 25-170) places squarely before the Court one of the most consequential and rapidly evolving…
Decision Alert: Supreme Court Vacates Stay on Injunction to Block California Transgender Nondisclosure Policy
On March 2, 2026, in Mirabelli v. Bonta (No. 25A810), the Supreme Court blocked a California law that prohibited public school officials from disclosing a student’s gender identity at school to their parents without the student’s consent, even if the…
The Curious Case of Executive Order 14365’s Impact on AI Regulation
A status check on the state of artificial intelligence regulation in the U.S.
Takeaways
- Executive Order 14365 has so far not brought any clarity or consistency to U.S. artificial intelligence (AI) regulations.
- No U.S. state AI laws have been challenged
…
Michigan’s New Wholesale Cannabis Tax (Mis)Guidance
On March 17 (Happy St. Patrick’s Day!), Michigan’s Department of Treasury issued Revenue Advisory Bulletin 2026-3, a formal interpretation of Michigan’s new wholesale cannabis tax.…
Understanding the Sixth Circuit’s Decision in Bruce v. Adams & Reese, LLP: A Landmark Interpretation of the EFAA
The Sixth Circuit’s recent decision in Bruce v. Adams & Reese, LLP (No. 25-5210) provides critical guidance on the application of the Ending Forced Arbitration of Sexual Assault and Sexual Harassment Act of 2021 (EFAA). This case clarifies the pleading…
Flip-Flop: Feds Announce a Final Rule on Joint Employer Status and a Proposed Rule on Independent Contractor Status
Takeaways
- The National Labor Relations Board has reinstated its 2020 joint employer standard, requiring substantial direct and immediate control over essential terms and conditions of employment to establish joint employer status.
- The U.S. Department of Labor has proposed rescinding its
…
Supreme Court Considers the Limits of Presidential Removal Power Over the Federal Reserve
In Trump v. Cook, the Supreme Court is considering whether to stay a district court order that prevents the President from removing Federal Reserve Board Governor Lisa Cook. Although the case reaches the Court at the preliminary-injunction stage, it raises…