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17 January 2025

5 Trends To Watch: 2025 Appeals & Legal Issues

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Greenberg Traurig, LLP

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Greenberg Traurig, LLP has more than 2,850 attorneys across 49 locations in the United States, Europe, the Middle East, Latin America, and Asia. The firm’s broad geographic and practice range enables the delivery of innovative and strategic legal services across borders and industries. Recognized as a 2025 BTI “Best of the Best Recommended Law Firm” by general counsel for trust and relationship management, Greenberg Traurig is consistently ranked among the top firms on the Am Law Global 100, NLJ 500, and Law360 400. Greenberg Traurig is also known for its philanthropic giving, culture, innovation, and pro bono work. Web: www.gtlaw.com.
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.
United States Litigation, Mediation & Arbitration
  1. 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.

  2. 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.

  3. 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.

  4. "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.

  5. 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.

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