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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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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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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SCOTUSBlog

APRIL 22, 2021

Share The Supreme Court on Thursday ruled against the federal government and in favor of people seeking Social Security benefits on a procedural issue about administrative “exhaustion” requirements. The court ruled 9-0 that claimants need not raise all of their specific issues before the agency.

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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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SCOTUSBlog

NOVEMBER 7, 2022

Talevski , to be argued Tuesday, returns the court to the question of when federal law is subject to private enforcement. The court will consider whether to overrule a line of precedent and to hold that private individuals cannot use 42 U.S.C. The district court dismissed the action, but the U.S. Arguments of HHC.

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Patently O

JULY 2, 2024

In the past, both the USPTO and patent attorneys have largely ignored the larger scope of administrative law, but in recent years USPTO operations have been under tighter control from the White House, and courts have increasingly asked whether the agency is following the rules. for Intell. Raimondo , 603 U.S. 837 (1984).

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JURIST

NOVEMBER 7, 2022

The US Supreme Court Monday heard oral arguments in Axon Enterprise, Inc. Axon filed proceedings in federal district court claiming that agency proceedings violate its due process rights. ” Stewart argued that the FTC Act review provisions authorizes courts of appeals to review final commission orders.

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Patently O

JULY 10, 2022

The Federal Circuit has agreed that Kevin Correll’s 5-year suspension from patent law practice should move forward. That complaint was then decided against Correll an Administrative Law Judge and issued a 5-year suspension from practice. Correll then moved to district court and again lost when the E.D.Va.

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SCOTUSBlog

APRIL 23, 2021

Share The Supreme Court on Thursday firmly rejected the government’s request that the court impose an “issue-exhaustion” requirement on Social Security claimants. Saul ), all parties agreed that those claimants must take their claims first to the Social Security Administration – and these claimants did that.

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Gravel2Gavel

NOVEMBER 22, 2021

The courts have issued several new and significant rulings on environmental and administrative law the past few weeks. COURT OF APPEALS FOR THE DISTRICT OF COLUMBIA CIRCUIT. by Anthony B. Truck Trailer Manufacturers Association, Inc. See 81 FR 73478.)

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Gravel2Gavel

MAY 27, 2021

This is a brief account of some of the important environmental and administrative law cases recently decided. SUPREME COURT. Several similar lawsuits have been filed in many state courts, where typically it is alleged that the defendants can be sued on various common law theories. BP PLC, et al.

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ClimateChange-ClimateLaw

NOVEMBER 12, 2023

So far, the country has adopted several laws to strengthen the legal framework towards achieving these goals. 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. Law 629 of 2000 on the Kyoto Protocol.

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ClimateChange-ClimateLaw

JANUARY 22, 2024

But a Middle District of Pennsylvania court recently established one key limit on states’ authority to block new transmission lines through the siting process. District Court for the Middle District of Pennsylvania issued a decision on December 6, 2023 in Transource Pa. District Court for the Middle District of Pennsylvania.

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SCOTUSBlog

NOVEMBER 4, 2022

Cochran present a frontal assault on the traditional framework under which federal courts have entertained complaints about federal agencies. The first case involves Axon Enterprise, an Arizona company that makes police body cameras and other technology products for law enforcement. The general federal jurisdiction statute ( 28 U.S.C.

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Patently O

APRIL 1, 2022

.” This quote comes from the USPTO mandatory survey of registered practitioners and is only loosely based upon the most on-point statute and regulations. Rather, Rule 11.111 limits Federal Employees from acting “contrary to applicable Federal ethics law, including conflict of interest statutes.” 18 U.S.C. §

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SCOTUSBlog

JANUARY 6, 2023

Federal Labor Relations Authority , which the Supreme Court will hear on Monday, involves the collective-bargaining rights of “dual status” military technicians who work in the Ohio National Guard. Under federal law, union dues could never have been lawfully deducted from pay without a formal, written employee authorization).

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Constitutional Law Reporter

MAY 30, 2023

Supreme Court’s decision in Axon Enterprise, Inc. 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. Cochran’s and Axon’s suits were both dismissed for lack of jurisdiction.

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Constitutional Law Reporter

FEBRUARY 8, 2024

Supreme Court heard oral arguments in four cases this week. The two most closely watched involve whether the Court should overrule its landmark decision in Chevron v. The Court’s Chevron decision established a bedrock principle of administrative law. The cases before the Court, Relentless, Inc. 837 (1984).

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SCOTUSBlog

MAY 11, 2022

Share The Relist Watch column examines cert petitions that the Supreme Court has “relisted” for its upcoming conference. The United States is easily the most successful petitioner before the Supreme Court, winning review in over 70% of the cases in which it files a cert petition. Court of Appeals for the 9th Circuit affirmed.

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SCOTUSBlog

APRIL 18, 2022

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.” military veterans.

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SCOTUSBlog

APRIL 2, 2022

Share This week we highlight cert petitions (and one original action ) that ask the Supreme Court to consider, among other things, whether New Jersey can withdraw from its Waterfront Commission Compact with New York concerning governance and law enforcement over the Port of New York and New Jersey. In New York v. However, the U.S.

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SCOTUSBlog

NOVEMBER 8, 2022

The two cases involve substantively identical statutes that govern challenges to final orders issued by the FTC and the SEC. In each case, the statutes provide that the sole method for challenging those orders is a petition for review in the court of appeals. Those are the two statutes we have. Again, what am I missing?

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Constitutional Law Reporter

JUNE 4, 2021

Supreme Court unanimously held in Carr v. Saul, 593 U.S. _ (2021) , that the principles of issue exhaustion do not require Social Security disability claimants to argue at the agency level that the administrative law judges hearing their disability claims were unconstitutionally appointed. Supreme Court decided Lucia v.

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SCOTUSBlog

MARCH 30, 2023

Share The Relist Watch column examines cert petitions that the Supreme Court has “relisted” for its upcoming conference. The likeliest grant out of last week’s relists got the nod: The Supreme Court will decide in Acheson Hotels, LLC v. The court denied review to five-time relist Donziger v. Court of Appeals for the D.C.

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Patently O

OCTOBER 18, 2023

Stark reversed the TTAB’s cancellation order, finding the statute only permits cancellation for fraudulent acts taken while obtaining the registration , not for establishing incontestability. The case also raises important issues associated with our ever-more-powerful administrative state. Lets look at the statute.

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Customs & International Trade Law

MAY 13, 2022

Here is a recap of the latest customs and international trade law news: FDA. The complaint, as supplemented, further alleges that an industry in the United States exists as required by the applicable Federal Statute. On May 9, 2022, the FDA issued a Constituent Update stating that Glanbia Performance Nutrition (Manufacturing), Inc.

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SCOTUSBlog

JULY 2, 2024

Share The Supreme Court on Monday ruled that a North Dakota truck stop can bring a challenge to a regulation issued 13 years ago by the Federal Reserve Board. A federal district court dismissed the case. A federal appeals court upheld the district court’s dismissal of the case, but the Supreme Court on Monday reversed.

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SCOTUSBlog

JUNE 24, 2021

Share The Relist Watch column examines cert petitions that the Supreme Court has “relisted” for its upcoming conference. The last scheduled conference of the Supreme Court’s term — which this term is being held Thursday — is usually one that yields many grants. citizen for a benefit under state law. citizen. (The

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SCOTUSBlog

JANUARY 14, 2023

Share The nation’s immigration courts are breaking under the cumulative weight of a byzantine statutory scheme, chronic understaffing, and insurmountable case backlogs. Garland , which the Supreme Court will hear on Tuesday. Court of Appeals for the 5th Circuit, where a divided panel upheld the BIA’s decision.

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Constitutional Law Reporter

DECEMBER 14, 2022

The Supreme Court heard oral arguments in five cases last week. Two of the cases involve whether litigants must wait for administrative proceedings to conclude before challenging the authority of federal agencies in federal court. Below is a brief summary of the cases before the Court: Securities and Exchange Commission v.

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SCOTUSBlog

JANUARY 20, 2022

Share The Relist Watch column examines cert petitions that the Supreme Court has “relisted” for its upcoming conference. At this Friday’s conference, the Supreme Court will thus begin the process of considering what cases to review next fall during October Term 2022. The district court and U.S. What’s the difference ?

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Patently O

FEBRUARY 21, 2024

Chestek PLLC, a law firm run by Pamela Chestek and specializing in trademark law, challenged the domicile address rule itself, saying its imposition failed to comply with the notice and comment requirements of the Administrative Procedure Act (APA). licensed counsel. ” 5 U.S.C. §

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Patently O

FEBRUARY 28, 2021

Supreme Court 2021). 2, administrative patent judges of the U.S. Whether, if administrative patent judges are principal officers, the court of appeals properly cured any Appointments Clause defect in the current statutory scheme prospectively by severing the application of 5 U.S.C. by Dennis Crouch. United States v.

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SCOTUSBlog

NOVEMBER 27, 2023

Court of Appeals for the 5th Circuit accepted all three arguments and invalidated three aspects of the SEC’s operations. The case stems from an administrative proceeding that the SEC brought against hedge fund founder and investment adviser George Jarkesy in 2013. But in this case a bold (I did not say “rogue”) panel of the U.S.

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Intelligize Blog

JULY 9, 2024

Have you heard about the big Supreme Court decision that came down a couple weeks ago? For roughly 40 years, administrative law in the United States has adhered to the Chevron doctrine, so named for the Supreme Court’s ruling in Chevron U.S.A., Last month, the Supreme Court’s holding in Loper Bright Enterprises v.

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Day on Torts

SEPTEMBER 22, 2021

Plaintiff was therefore required to first present his claims to the pension board pursuant to the City’s Code of Ordinance, and thereafter was required to follow the judicial review provision laid out in the Uniform Administrative Procedures Act, Tenn. 4-5-322, which grants exclusive jurisdiction of such reviews to the Chancery Court.

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