Insights

Washington – July 15, 2024: Crowell & Moring secured a victory on behalf of the National Mining Association in a longstanding dispute over a regulation governing mining on federal land.

Washington – April 30, 2024: Crowell & Moring’s Litigation Group recently filed two amicus briefs in the United States Court of Appeals for the 8th Circuit in opposition to an Iowa law that bans school officials from discussing gender identity or sexual orientation with students (its “Don’t Say Gay” provision) and requires the removal of certain books from Iowa public school libraries (its “Book Ban” provision).

On June 6, 2024, the United States Supreme Court, in Truck Insurance Exchange v. Kaiser Gypsum Co., Inc., No. 22-1079, unanimously held that an insurer with financial responsibility for bankruptcy claims is a “party in interest” in a Chapter 11 bankruptcy. The Court held the “insurance neutrality doctrine” applied by the courts below was too limited to determine insurer standing. While “insurance neutrality” – preserving insurer rights and defenses under insurance contracts – is important, the doctrine overlooks the myriad ways bankruptcy proceedings and reorganization plans can alter and impair insurer interests.

On June 29, 2023, the Supreme Court, in Students for Fair Admissions (“SFFA”) v. Presidents and Fellows of Harvard College and SFFA v. University of North Carolina, held that race-based admissions programs violate the Constitution’s Equal Protection Clause (which applies to public institutions such as UNC), as well as Title VI (which applies to private institutions like Harvard).

On Monday, March 27, 2023, the Supreme Court held oral argument regarding the proper legal standard for patent enablement in Amgen v. Sanofi. This closely-watched case is of great interest because it is the first time the Court has addressed section 112 of the Patent Act since it addressed indefiniteness in 2014. The case has divided the pharmaceutical industry where some pharmaceutical companies have filed amicus briefs in support of Amgen (AbbVie, Biogen, Bristol Myers Squibb, GSK and Merck Sharp & Dohme), while others have filed amicus briefs in support of Sanofi (AstraZeneca, Bayer, Eli Lilly, Fresenius Kabi, Genentech, Gilead, Johnson & Johnson and Viatris).