JURIST

MAY 16, 2022

The US Supreme Court Monday granted both Jones v. The Supreme Court previously denied Jones certiorari but granted it after the Eighth Circuit affirmed a lower court’s dismissal of his habeas petition in August 2021. The court is anticipated to hear arguments in these two cases in the fall. ” Jones v.

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JURIST

JANUARY 19, 2023

The US Supreme Court Wednesday heard oral arguments in Perez v. Perez filed a complaint with the state’s Department of Education, saying that his school failed to give him a proper education and violated a variety of state and federal law. IDEA requires complainants to “exhaust” the administrative process before beginning litigation.

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Law 360

MARCH 4, 2022

Supreme Court in West Virginia v. Environmental Protection Agency has shed light on how the court's decision could significantly limit the federal government's efforts to address climate change, and reshape administrative law and the separation of powers, say Matthew Sinkman and Andrew Alessandro at Gibbons.

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Law 360

MARCH 20, 2024

After hours of oral argument in a closely watched administrative law case, it appeared that some U.S. Supreme Court justices could be open to limiting the opportunities for lower courts to defer to federal agencies' legal interpretations in disputes over rulemaking — and legal experts said there are a number of ways they could do it.

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ABA Journal

JANUARY 4, 2024

Supreme Court will play a large role. And the docket for the current term is filled with major issues about controversial matters, such as abortion, administrative law, gun rights and the First Amendment and social media.

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Law 360

JULY 3, 2024

Supreme Court limited the types of cases that can be tried before the U.S. Securities and Exchange Commission's in-house administrative law judges, setting the stage for challenges to the constitutionality of ALJs across other agencies, say Robert Robertson and Kimberley Church at Dechert. In its recent Jarkesy opinion, the U.S.

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SCOTUSBlog

JUNE 28, 2024

Share In a major ruling, the Supreme Court on Friday cut back sharply on the power of federal agencies to interpret the laws they administer and ruled that courts should rely on their own interpretion of ambiguous laws. Court of Appeals for the District of Columbia Circuit.)

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JURIST

NOVEMBER 4, 2022

The United States Circuit Court of Appeals for the Eleventh Circuit Thursday instructed the District Court for the Northern District of Georgia to dismiss Marjorie Taylor Greene’s lawsuit over a challenge to her congressional candidacy. Greene asked the district court to bar the challenge.

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Law 360

JUNE 28, 2024

By knocking down a powerful precedent that has towered over administrative law for 40 years, the U.S. Supreme Court's right wing Friday gave a crowning achievement to anti-agency attorneys.

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JURIST

JUNE 18, 2021

Canadian Prime Minister Justin Trudeau named the Honorable Mahmud Jamal to the Supreme Court of Canada (SCC) on Thursday. Jamal will replace the retiring Justice Rosalie Abella, and becomes the first person of color to sit on Canada’s highest court. The selection process follows the guidelines of the Supreme Court Act of 1985.

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JURIST

MARCH 2, 2021

The US Supreme Court on Monday heard oral arguments Monday in United States v. a case that intersects patent law, administrative law and the separation of powers. The justices seemed skeptical of the argument that the administrative patent judges were not principal officers. Arthrex, Inc.,

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JURIST

MARCH 2, 2022

The Administrative Court in Cologne Tuesday ruled that key provisions of the amended Network Enforcement Act (NetzDG), aimed at curbing online hate speech, violate European Union law on civil liberties. The ruling delivered a partial victory to Google and Meta that had challenged the new law in February last year.

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JURIST

MAY 19, 2022

The US Court of Appeals for the Fifth Circuit Wednesday held that the Security and Exchange Commission’s (SEC) in-house adjudication violated the petitioner hedge fund manager’s Seventh Amendment right to a jury trial. Jarkesy and Patriot28 then appealed the decision to federal court.

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Law 360

AUGUST 29, 2023

Supreme Court case that could spell the end of administrative law courts, urging the nation's highest court to reverse a lower court ruling that the agency says could prevent it from protecting investors against potentially harmful conduct.

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Law 360

JUNE 28, 2024

Supreme Court's decision reining in the U.S. Securities and Exchange Commission's use of administrative courts is unlikely to help Walmart and SpaceX escape proceedings for alleged immigration-related violations, with the justices punting on the authority of administrative law judges.

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Customs & International Trade Law

JULY 2, 2024

In a major ruling, the Supreme Court overturned their decision in Chevron v. Natural Resources Defense Council that gave federal agencies great leeway in interpretation of laws. What is Chevron Deference In 1984, the Supreme Court decided Chevron v.

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JURIST

SEPTEMBER 5, 2022

DCWP filed a complaint in the Office of Administrative Trials and Hearings, the city’s central, independent administrative law court. The DCWP , formed by the NYC Consumer Protection Law of 1969, seeks to “protect and enhance the daily economic lives of New Yorkers.”

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JURIST

FEBRUARY 3, 2021

The Administrative Court of Paris on Wednesday held that the French state is “responsible” for failing to take sufficient measures to halt climate change and for failing to meet its greenhouse gas emission targets.

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Law 360

JUNE 16, 2022

Supreme Court's landmark doctrine requiring judicial deference to federal regulators survived a major health care case at the high court Wednesday, but the controversial bedrock of administrative law barely escaped the conservative justices' frying pan and is heading right back into their fire, experts say.

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Gravel2Gavel

AUGUST 22, 2023

Cavender The Supreme Court issued 58 opinions in the October 2022 Term. Rulings in several cases will affect the practice of regulatory and administrative law either directly or indirectly, as is recounted below.

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Law 360

AUGUST 9, 2022

Congress never intended federal district courts to hear constitutional challenges to administrative law proceedings like those before the U.S. Securities and Exchange Commission and the Federal Trade Commission, and allowing those courts to do so would be a waste of judicial resources, government attorneys told the U.S.

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SCOTUSBlog

APRIL 22, 2024

Share Union organizing efforts at Starbucks probably are the most protracted labor dispute of the decade, and on Tuesday the Supreme Court will hear argument in a closely watched case arising from the company’s firing of seven employees at a Memphis branch. The NLRB responded by filing an administrative complaint.

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JURIST

MARCH 5, 2021

The US Supreme Court heard oral arguments in the consolidated cases of Davis v. The circuit courts in both Davis (Eighth Circuit) and Carr (Tenth Circuit) chose to maintain the general rule that an issue must be raised by the claimant before the agency in order to seek judicial review on that issue. Saul and Carr v.

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SCOTUSBlog

JUNE 6, 2022

Fitzgerald , unanimously agreeing on Monday that a statute that imposes higher fees on bankruptcy filers in 48 states than in the other two states is so far from “uniform” that it transgresses the Constitution’s requirement that Congress provide “uniform Laws on the subject of Bankruptcies throughout the United States.”.

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JURIST

JANUARY 18, 2021

The Indian Supreme Court on Monday issued notice in a petition challenging the All India Bar Examination Rules 2010 which require an advocate to qualify for the All India Bar Examination (AIBE) within two years after enrolment to a State Bar Council. Bar Council of India and Indian Council of Legal Aid & Advice v. Bar Council of India.

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JURIST

JUNE 29, 2021

A Brazilian Supreme Court ( Supremo Tribunal Federal ) justice, on Thursday, issued an order revoking the passport of former Environment Minister Ricardo Salles. The post Brazil Supreme Court revokes passport of ex-Environmental Minister amid illegal timber sale investigations appeared first on JURIST - News - Legal News & Commentary.

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Above The Law

JANUARY 18, 2024

Chevron isn't gone yet, but it doesn't look good for the case that's the foundation of administrative law. The post Remembering <em>Chevron</em> Deference appeared first on Above the Law.

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JURIST

FEBRUARY 25, 2021

The US Supreme Court heard arguments in the consolidated cases Wilkinson v. Administrative law generally was also featured during the arguments. Justice Neil Gorsuch questioned the expanse of federal court review. Dai and Wilkinson v. Alcaraz-Enriquez on Tuesday. ” Wilkinson v.

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Mondaq

DECEMBER 22, 2021

On December 13, 2021, the Fifth Circuit issued an en banc opinion in Cochran v. Securities & Exchange Commission et al., finding that the Securities Exchange Act of 1934 does not strip.

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Law 360

MARCH 10, 2023

Supreme Court is likely to take up a case that the U.S. Securities and Exchange Commission argues has "cast a cloud" over the functioning of federal administrative law courts, even though the agency's use of its own in-house courts has been on a downward trajectory for years, legal experts told Law360.

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Law 360

DECEMBER 19, 2023

Supreme Court precedents when it refused to deem two U.S. Department of Labor administrative law judges' appointments unconstitutional, an engineering company said Tuesday, asking the full appeals court to step in. A Fourth Circuit panel departed from U.S.

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JURIST

OCTOBER 6, 2022

The US Court of Appeals for the Fifth Circuit Wednesday ruled that the Deferred Action for Childhood Arrivals (DACA) program was properly deemed illegal in a lower court decision last year. Because the court considers DACA a substantive rule, and because the program “did not undergo notice and comment,” it violates the APA.

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Gravel2Gavel

JUNE 22, 2021

environmental and administrative law cases recently decided. SUPREME COURT. The Congress may by law, “vest the appointment of.inferior officers.in The Court of Appeals for the Federal Circuit invalidated their appointments and thereby jeopardized hundreds of pending patent claim judgments. the President alone.or

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Law 360

JULY 19, 2023

The Federal Trade Commission's only administrative law judge tacitly acknowledged the limits of agency in-house merger challenges Wednesday, noting that the federal court lawsuits ostensibly brought only to preserve the status quo while in-house proceedings play out nevertheless usually decide a transaction's ultimate fate.

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Customs & International Trade Law

AUGUST 5, 2022

Here is a recap of the latest customs and international trade law news: U.S. Notice is hereby given that USITC has determined not to review the presiding administrative law judge’s (“ALJ”) initial determination (“ID”) (Order No. Court of International Trade . Customs and Border Protection. United States, Consol.

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Patently O

JUNE 27, 2024

As the Supreme Court’s 2023 year draws to a close, the court has denied certiorari in the vast majority of IP related cases, with the Dewberry trademark damages case left as the only IP case granted certiorari. Seven petitions remain undecided and the court will pick them up again when it begins the 2024 term in late September.

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JURIST

FEBRUARY 14, 2023

The US National Labor Relations Board (NLRB) ruled Monday that Starbucks violated federal labor laws by firing two workers who were planning to organize a union at a Philadelphia store in 2020. Starbucks has the ability to appeal the decision to the US Court of Appeals for the Third Circuit.

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