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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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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Patently O

JULY 10, 2022

The Federal Circuit has agreed that Kevin Correll’s 5-year suspension from patent law practice should move forward. Unfortunately, the per curiam decision appears poorly reasoned and seems to lack sufficient legal grounding. Correll then moved to district court and again lost when the E.D.Va. Vidal (Fed. EPA , 202 F.3d

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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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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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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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Patently O

FEBRUARY 21, 2024

Chestek centered around amendments made to trademark regulations in 2019 requiring that applicants provide their domicile address, defined as their permanent legal residence or principal place of business — mailing address is insufficient. Under the statute, an agency must publish notice of proposed rules prior to them becoming law.

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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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Patently O

DECEMBER 18, 2023

A decision favoring the petitioner would also be seen as bolstering the Administrative Procedure Act’s notice and comment requirements. The best place to begin any analysis is probably with the statute. The key trademark statute followed by the USPTO is the 1946 Lanham Act. ” 15 U.S.C. 1051(a)(2). 37 C.F.R. §

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Broadcast Law Blog

JULY 17, 2018

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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Constitutional Law Reporter

NOVEMBER 20, 2023

Supreme Court has now granted certiorari in two cases challenging the continued viability of its long-standing decision in Chevron v. The two cases, which will be heard sometime in January, both ask the Court to overrule or at least curtail so-called “Chevron deference.” Supreme Court’s decision in Chevron U.S.A.

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Customs & International Trade Law

MAY 13, 2022

Department of the Treasury’s Office of Foreign Assets Control (OFAC) gave notice that they are publishing the names of one entity that has been placed on OFAC’s Specially Designated Nationals and Blocked Persons List based on OFAC’s determination that one or more applicable legal criteria were satisfied.

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SCOTUSBlog

NOVEMBER 30, 2021

Share On Monday, the Supreme Court heard oral argument on a Medicare case that will have significant financial consequences for safety-net hospitals and could have implications for the Chevron doctrine , a core principle of administrative law. At its core, the case, Becerra v.

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Customs & International Trade Law

OCTOBER 28, 2022

District Court for the Western District of Texas, Claudia Delgadillo (‘‘Delgadillo’’) was convicted of violating 18 U.S.C. 7) of the presiding administrative law judge (‘‘ALJ’’), finding respondent Top Golf Equipment Co. DOC announced on October 9, 2019, in the U.S. Limited (‘‘Top Golf’’) in default.

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SCOTUSBlog

NOVEMBER 29, 2021

The Chevron doctrine, a pillar of administrative law, also looms large in the case. Natural Resources Defense Council , determines when a federal court must defer to an agency’s interpretation of a statute it administers. However, if the statutory language is ambiguous, the court turns to step two.

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SCOTUSBlog

JUNE 29, 2023

Share The Relist Watch column examines cert petitions that the Supreme Court has “relisted” for its upcoming conference. The Supreme Court announced that it would hold its “mop up” conference for October Term 2022 on Thursday, after completing the day’s opinion announcements. Legal Services Alabama, Inc. ,

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SCOTUSBlog

MAY 20, 2022

Share The Relist Watch column examines cert petitions that the Supreme Court has “relisted” for its upcoming conference. Cochran , the justices will decide whether federal district courts have the power to consider claims challenging the constitutionality of the commission’s administrative law proceedings.

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ClimateChange-ClimateLaw

AUGUST 8, 2023

5] For the reasons discussed below, more firms – and their legal and other advisers– should follow them. Corporate and securities law – as well as companies and their leaders acting through lobbying and politics – also have major roles to play. [9] Academic readers of this blog should too! 46] The U.S.

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SCOTUSBlog

MAY 18, 2023

Share The Relist Watch column examines cert petitions that the Supreme Court has “relisted” for its upcoming conference. There was a lot of action among the relisted cases at last week’s Supreme Court conference. The court granted review in six-time relisted case Carnahan v. The court denied review in three-time relist St.

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SCOTUSBlog

FEBRUARY 10, 2022

He is coauthor of a casebook on administrative law and has written many articles on that subject. There has never been any mystery about the jurisprudential premises of Justice Stephen Breyer’s approach to issues of public law. Similarly, in Lucia v. Breyer has always displayed ambivalence toward this doctrine.

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Patently O

DECEMBER 26, 2023

Historically courts regularly issued injunctions to protect the patent monopoly. 388 (2006), where the Supreme Court found no presumption of injunctive relief even against adjudged patent infringers. But, eBay only applies in district court cases, and does not apply to USITC decisions. 10,945,648. MercExchange, L.L.C. ,

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SCOTUSBlog

JANUARY 16, 2024

Share The Supreme Court will hear oral argument on Wednesday in a case involving the deference that courts should give to federal agencies’ interpretations of the laws that they administer. It is named after the Supreme Court’s 1984 opinion in Chevron v.

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ClimateChange-ClimateLaw

DECEMBER 11, 2023

Ultimately, the SEC will have to anticipate these types of legal challenges in finalizing a durable rule. When the SEC initially proposed the rule, the Supreme Court had not yet embraced the Major Questions Doctrine (MQD), a new doctrine that constrains the function of the administrative state. Raimondo and Relentless v.

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SCOTUSBlog

NOVEMBER 29, 2022

Share The Supreme Court heard oral argument on Tuesday in a challenge to a Biden administration policy that prioritizes certain groups of unauthorized immigrants for arrest and deportation. Texas and Louisiana went to federal court in Texas to challenge the policy.

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SCOTUSBlog

JANUARY 7, 2022

immigration court. After Texas and Missouri challenged that decision, a federal district court vacated the secretary’s termination, in part on the administrative-law ground that the decision was insufficiently explained. solicitor general argues that the statutory basis for the Trump administration’s policy, 8 U.S.C.

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ClimateChange-ClimateLaw

MARCH 13, 2023

Following the 2007 landmark Supreme Court case Massachusetts v. These emissions standards were significantly loosened in the last year of the Trump Administration. In 2021 the Biden Administration reversed the Trump-era rollbacks and instituted the strictest-ever vehicle GHG emissions standards in a move aimed at preventing 3.1

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ClimateChange-ClimateLaw

JULY 2, 2021

Louisiana Federal Court Blocked Biden Administration “Pause” on New Oil and Gas Leases. The federal district court for the Western District of Louisiana issued a nationwide preliminary injunction barring the Biden administration from implementing a “Pause” on new oil and natural gas leases on public lands or in offshore waters.

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ClimateChange-ClimateLaw

OCTOBER 19, 2023

In the year since the Supreme Court embraced the “major questions doctrine” (MQD), industry and Republican state attorneys general have argued that federal regulations ranging from stricter vehicle emissions standards to climate change disclosures must be struck down under its banner. Env’t Prot.

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