The Supreme Court was skeptical of government arguments they should limit where e-cigarette manufacturers should be allowed to sue in order cut back on so-called forum shopping. https://t.co/riIFa7Iyma
For those interested in the litigation surrounding Federal Reserve master accounts, you can hear today’s oral arguments before the 10th Circuit in the @custodiabank case here: https://t.co/sqsZkVIgcm
“Supreme Court Unmoved By Fifth Circuit Forum Shopping Concern; US says e-cigarette makers trying to game the system; Justices looked to text of law, rather than forum shopping concerns”: Kimberly Strawbridge Robinson of Bloomberg Law has this report. https://t.co/5lwUHgu05L
The U.S. Supreme Court is currently hearing two significant cases: FDA v. R.J. Reynolds and McLaughlin Chiropractic Associates, Inc. v. McKesson Corporation. In the FDA case, the Court is reviewing an appeal from the FDA regarding R.J. Reynolds' petition to challenge the agency's denial of flavored e-cigarette applications. The Court is considering whether the manufacturer can appeal in a different federal jurisdiction rather than where it is based or in the D.C. Circuit. The justices appeared skeptical of government arguments aimed at limiting the venues where e-cigarette manufacturers can sue, which are intended to reduce forum shopping. Meanwhile, in the McLaughlin Chiropractic case, the Court is examining district court authority over the Federal Communications Commission. Both cases reflect ongoing legal tensions surrounding agency deference and jurisdictional issues in federal law.