- 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 of regulated
individuals and entities in litigation against the government, as
the playing field is leveled on statutory interpretation.
- Change in Federal Trade Commission Leadership
— The expected departure of FTC Chair Lina Khan will likely
reshape the landscape for antitrust cases with a shift away from
the commission's current strong anti-corporate consolidation
position.
- Hostile Work Environment and Reverse Discrimination
Claims — The U.S. Supreme Court's decision in
Students for Fair Admissions, Inc. v. President and Fellows of
Harvard College may lead to an influx of claims related to
hostile work environment and reverse discrimination.
- "Nuclear" and "Thermonuclear"
Verdicts Increase in State Courts — A trend toward
rising damages awards has spread across several states and is
likely to continue to grow. Insurance industry experts have dubbed
these awards of over $15 million and $100 million as
"nuclear" and "thermonuclear" verdicts, which
are often driven by high "soft damages" awards, such as
pain and suffering, mental anguish, loss of society, and
disfigurement, because such awards are reviewed under a less
stringent standard than economic damages awards.
- Embedded Appellate Counsel in Trial Teams — As litigation teams are now more focused on winning both at trial and on appeal, appellate counsel is more often embedded within the team at earlier stages of the process than before. Collaboration of these two specialties creates opportunities to increase the potential for success on appeal of both favorable and unfavorable verdicts.
The content of this article is intended to provide a general guide to the subject matter. Specialist advice should be sought about your specific circumstances.
