Appellate

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NEW YORK – In a remarkable display of unity, a bipartisan coalition of the attorneys general for all 50 states, the District of Columbia, and the Northern Mariana Islands filed an amicus curiae brief in support of Troutman Pepper Locke and Dominion Energy’s petition for extraordinary relief in the matter of Yoon v. Collins, which continues the fight for veterans’ denied educational benefits.

2025 is already shaping up to be an active year for False Claims Act (FCA) litigation. With the recent announcements of executive orders that may expand the FCA as an enforcement tool, as discussed in a recent Troutman Pepper Locke client alert, everyone is keeping a close eye on what is next. In the past few weeks, the U.S. Supreme Court has gotten in on the FCA action.

Last week, in Tennessee v. EEOC, the Eighth Circuit reversed a district court’s decision and reinstated a lawsuit by 17 states (led by the Tennessee and Arkansas attorneys general (AGs)), holding that these states have standing to sue the Equal Employment Opportunity Commission (EEOC) over its regulations implementing the Pregnant­ Workers Fairness Act, 42 U.S.C. § 2000gg. This decision deserves mention because the court seemingly made it easier to demonstrate standing by finding that the “realities facing” regulated parties can demonstrate a concrete injury even without a threat of enforcement.

On January 7, the U.S. Court of Appeals for the Fourth Circuit found that Virginia’s hemp product restrictions do not violate federal law. The ruling is the latest defeat for the Virginia hemp industry’s efforts to overturn Virginia S.B. 903, a law intended to prohibit the sale of intoxicating hemp products like delta-8 and delta-10 tetrahydrocannabinol (THC) gummies and beverages in the Commonwealth.

On November 21, the Supreme Court of Virginia entered a published order reversing a 14-3 en banc decision of the Court of Appeals of Virginia addressing the applicability of Virginia’s criminal laws regulating cybercrime. The decision in Commonwealth v. Wallace is the latest example of courts testing regulatory reach in the cybercrime arena.

On November 10, Maryland Attorney General (AG) Anthony G. Brown announced the creation of an Office of the Solicitor General within his office. This new division is dedicated to overseeing the state’s appellate litigation in both state and federal courts. Brown appointed Julia Doyle, a seasoned appellate litigator and current chief of the Office of AG’s Civil Division, as the new solicitor general, effective January 8.

In October, the Oregon Court of Appeals ruled that a law restricting the packaging of e-cigarettes violates the state constitution’s free speech protections. The decision illustrates the utility of free speech arguments against packaging requirements and the importance of state constitutions in regulatory challenges generally.

In a pivotal ruling issued on October 15, the U.S. Court of Appeals for the First Circuit affirmed the district court’s decision to deny a motion filed by Lucas and Alisa Sirois, a Maine couple accused of operating an illegal marijuana cultivation and distribution network, to end federal prosecution against them. The ruling is significant not only because of its direct impact on the Siroises but also due to its broader implications for the ongoing tension between state and federal cannabis laws. The case underscores the legal complexities at the intersection of state and federal marijuana laws and provides additional clarity on the confines of the Rohrabacher-Farr Amendment.

On August 2, the U.S. Court of Appeals for the Eighth Circuit decided a case addressing Nebraska’s authority to require tribal cigarette manufacturers that are not parties to the Master Settlement Agreement (MSA) to comply with the state’s escrow statute with respect to cigarettes sold in Indian country. See HCI Distrib., Inc. v. Peterson, No. 23-2311 (8th Cir., Aug. 2, 2024).