A severability clause lets certain contract parts remain valid, even if others are void. Learn about its definition, key ...

Recently, federal district courts in the Fifth and Sixth Circuits enjoined the new Title IX regulations in their entirety. These courts declined to sever three provisions that injure the plaintiff ...

I wanted to offer a few additional thoughts on the severability argument, supplementing Lyle’s recap. I agree with Lyle that the Justices seemed to find all the available options unappetizing in ...

In two previous posts here and here, Josh Blackman and I contended that Judge O'Connor's conclusion that the individual insurance mandate is unconstitutional is correct. In our view, the Supreme Court ...

From the archives: A guide to severability and the individual mandate. Several state legislators have reached out to me recently with questions about the nature of severability and Obamacare. Since ...

Abbe R. Gluck is a professor of law and faculty director of the Solomon Center for Health Law and Policy at Yale Law School. What is the Supreme Court to do with the rest of a statute when it finds ...

Upholding an arbitration agreement with multiple unconscionable terms would incentivize an employer to draft a one-sided arbitration agreement in the hopes that employees would not challenge the ...

The Biologics Price Competition and Innovation Act of 2009 (“BPCIA”) is looking alive and well after last week’s Supreme Court oral argument on the Affordable Care Act (“ACA”). If you didn’t realize ...

We collaborate with the world's leading lawyers to deliver news tailored for you. Sign Up for any (or all) of our 25+ Newsletters. Some states have laws and ethical rules regarding solicitation and ...

Robert Alt is the president and CEO of the Buckeye Institute in Columbus, Ohio. Alt previously served as a director in the Edwin Meese III Center for Legal and Judicial Studies at The Heritage ...

Billboard companies have been persistent in challenging local zoning ordinances dealing with signs for many years now. In a case decided August 10, 2023, the Sixth Circuit Court of Appeals ruled in ...