The Top 5 High Court Cases to Watch This Spring

Kevin King’s commentary was included in a Law360 article analyzing major cases the U.S. Supreme Court is set to consider in the spring that could further change how federal agencies develop rules and defend them.

Kevin said "this is shaping up to be another important term for administrative law and the law that governs when and how actions can be reviewed. But the stakes are smaller and narrower because they deal with issues of lower visibility."

Kevin also provides his insight on Food and Drug Administration et al. v. R.J. Reynolds Vapor Co., a case arising from the Food and Drug Administration’s (FDA) bid to curb what it says is a recent spike in forum shopping. Kevin notes this case could have huge implications for parties seeking to challenge any administrative actions taken by either President-elect Donald Trump's or future administrations. If the Supreme Court upholds the Fifth Circuit's ruling in the case, forum selection will become an even more significant litigation tactic because "some appellate courts are much more likely to be scrupulous in their scrutiny of cases than others," he said.