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US Supreme Court grants certiorari for two cases regarding federal district courts’ jurisdiction

JURIST

Both of these cases were added to the 2022-2023 docket. Cochran is a Fifth Circuit case about district courts’ power to hear challenges regarding the constitutionality of SEC’s administrative law proceedings. The US Supreme Court Monday granted both Jones v. Hendrix and Securities and Exchange Commission (SEC) v.

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Supreme Court strikes down Chevron, curtailing power of federal agencies

SCOTUSBlog

Under that doctrine, if Congress has not directly addressed the question at the center of a dispute, a court was required to uphold the agency’s interpretation of the statute as long as it was reasonable. The agency stopped the monitoring in 2023 because of a lack of funding.

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SCOTUS to Determine Future of Chevron Deference

Constitutional Law Reporter

837 (1984), courts must defer to a federal agency’s reasonable interpretation of an ambiguous statute that the agency is charged with administering, even if they are inclined to rule another way. The Court’s decision in Chevron is one of the most frequently cited administrative law decisions. In Loper Bright Enterprises v.

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Fraudulent Incontestability Declarations: Textual Fidelity vs. Fraud Deterrence

Patently O

18, 2023) , the Federal Circuit addressed whether fraud in a declaration of incontestability justifies cancelling the underlying trademark registration. The dispute here involves two adjacent provisions of the Federal Trademark statute known as the Lanham Act of 1946 (as amended). Lets look at the statute. Chutter, Inc. ,

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‘La Acción de Cumplimiento’ as a Legal Mechanism to Implement Colombian Climate Change Laws

ClimateChange-ClimateLaw

Colombia ’s Legal Climate Framework Colombia’s climate change laws are extensive and align with its open commitment to fight climate change and its devastating effects. Among the main legal statutes are: Law 164 of 1994 on the UNFCCC. Law 629 of 2000 on the Kyoto Protocol. Law 1523 of 2012 on risk management.

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CMS Finalizes Guidance on Medicare Part D Manufacturer Discount Program

FDA Law Blog

Below, we provide a high-level summary of the Final Guidance, focusing on the legal and regulatory updates from the May 2023 draft guidance. We do not address the technical and administrative details of the Discount Program here. The manufacturer will have 60 days to appeal the CMP before an administrative law judge (ALJ).

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Supreme Court Greenlights Pre-enforcement Challenges to FTC and SEC Proceedings

Constitutional Law Reporter

Federal Trade Commission , 598 U.S. _ (2023), allows federal district courts to consider constitutional challenges to administrative proceedings prior to the issuance of final rulings. Supreme Court’s decision in Axon Enterprise, Inc.

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