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In family’s lawsuit against public nursing home, court revisits private rights of action and the spending clause

SCOTUSBlog

1983 — which allows private suits for state and local deprivations of rights secured by federal law—to enforce federal statutes enacted under Congress’ spending clause power. Laws” means federal statutes, including spending clause enactments that “unambiguously” create individual rights. Background.

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Justices to consider scope of “clear and unmistakable error” review of Veterans Affairs decisions

SCOTUSBlog

The relevant statute , regulating disability benefits, provides that “the United States will pay [compensation] to any veteran” who is “disabled” as a result of (1) “personal injury suffered or disease contracted in line of duty,” or (2) “aggravation of a preexisting injury suffered or disease contracted in line of duty.”

Statute 105
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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.

Statute 52
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Claim regarding retirement benefit calculation was not a tort claim.

Day on Torts

After plaintiff appealed the decision, an Administrative Law Judge determined that plaintiff was in fact entitled to benefits from defendant. Plaintiff asserted claims for breach of contract, negligence, and negligent infliction of emotional distress. The ALJ’s order was entered in May 2019. Code Ann. §

Tort 59
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What Does an FCC Designation for Hearing Mean?

Broadcast Law Blog

The FCC had a large staff of Administrative Law Judges who heard these cases, and they were usually quite busy. The process by which the ALJ conducts the hearing is set out in the statute and by FCC rules. Usually, the FCC will have its own attorneys playing a part in the case, conducting discovery (e.g.

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New California Legislation Would Be a Major Step Forward for Climate Disclosure

ClimateChange-ClimateLaw

It directs the California Air Resources Board (CARB) to contract with a nonprofit climate reporting organization that has “experience with climate-related financial risk disclosure by entities operating in California.” One target of this is the “greenwashing” that underlies many companies’ net zero pledges. [20]

Laws 98
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Separation of powers and mental health evidence in capital sentencing

SCOTUSBlog

The court’s grant suggests the court may be poised to narrow the scope of standing for members of Congress to sue to enforce statutes. FDIC , involving separation of powers and administrative law claims. The court also noted probable jurisdiction for a one-time relist of a mandatory appeal in a redistricting case, Alexander v.