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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Patently O

JULY 24, 2024

Latty Distinguished Professor of Law and Co-Director, Center for Innovation Policy at Duke Law In a flurry of recent decisions, the Supreme Court has continued its skepticism of administrative agencies. Consider first stare decisis and the Court’s overruling of Chevron deference (i.e. no standing requirement).

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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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Court Government Legal Legal 126

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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Administrative Law Statute Litigation Litigating 110

SCOTUSBlog

NOVEMBER 30, 2023

Jarkesy was oddly distant from the decision of the lower court and the briefs and arguments of the parties. Court of Appeals for the 5th Circuit – vigorously defended by George Jarkesy, the target of long-running SEC proceedings – accepted three separate constitutional challenges to the SEC’s apparatus. The decision of the U.S.

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ClimateChange-ClimateLaw

MAY 30, 2024

Violating obligations under the Treaty can result in victims claiming remedies before national courts, including the right to ecological restoration and environmental remediation. Ecological restoration and environmental remediation are some responses to climate change, and thereby this Treaty is likely to impact future climate litigation.

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Drafting Litigation Litigating Diligence 57

SCOTUSBlog

JULY 30, 2021

Court of Appeals for the 1st Circuit and several other circuits have developed a two-tier system for reviewing such motions. The changes sparked court challenges almost immediately. Turaani sued in district court, alleging infringement of his Second Amendment rights. However, the district court held and the U.S.

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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 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 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. SEC that the ALJ’s appointment was unlawful.

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SCOTUSBlog

NOVEMBER 8, 2022

In each case, the statutes provide that the sole method for challenging those orders is a petition for review in the court of appeals. In both cases, the targets of the agencies’ investigations did not wait for the proceedings to conclude, but instead went straight to a federal district court. 1331 was enough to resolve the case.

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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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Court Construction Laws Government 82

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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LawTechnologyToday

JUNE 21, 2021

The NFT will have to pass the Howey test, first described by the US Supreme Court in 1946. That is, of course, the SEC’s view (and not the Courts), but it no doubt sends alarms to those who think the Commission will turn a blind eye. Julian Pipolo is an Australasian lawyer working at a top-tier firm predominantly in administrative law.

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Patently O

MAY 23, 2022

Menell, Koret Professor of Law; Director, Berkeley Center for Law & Technology; Faculty Director, Berkeley Judicial Institute; University of California at Berkeley School of Law. Prior to the mid-1990s, patent litigation took place in district court silos. They saw advantages to trying patent cases to juries.

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SCOTUSBlog

DECEMBER 26, 2023

Share The Petitions of the Week column highlights a selection of cert petitions recently filed in the Supreme Court. A federal district court in Missouri ruled that Molina and Vogel’s claims could go to a jury, rejecting the officers’ argument that they were entitled to qualified immunity. They sought shelter beside a neighbor’s home.

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Legal Legal Attorney Lawyers 85

ClimateChange-ClimateLaw

APRIL 18, 2024

Neither the Swiss Federal Administration (paras. 22–31) nor the Federal Administrative Court (paras. 32–42) nor, as critically appraised , the Federal Supreme Court (paras. This indicates that not only democracy but also litigation to compel governments to reduce GHG emissions is fraught with obstacles.

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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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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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Conflict of Laws

JULY 11, 2021

From the Italian Recovery and Resilience Plan to the guidelines of the Italian Ministry of Justice, the urgency of a reform to strengthen out-of-court dispute resolution procedures clearly emerges. In this article, the author argues that these court orders are against the above-mentioned Legislative Decree.

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Broadcast Law Blog

MAY 6, 2023

In her recent response , Chairwoman Rosenworcel stated that the FCC’s ability to share the requested information was limited because the matter was subject to pending litigation, and because the proposed transaction remains active at the FCC.

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Broadcast Law Blog

MARCH 27, 2022

See our post on the Broadcast Law Blog for more information, and read the audit letter setting out all the requirements for the audit response and the list of audited stations, here. The FCC itself will not routinely assess contract claims, leaving those determinations to state courts.

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FDA Law Blog

DECEMBER 12, 2024

Houck Administrative Law Judge (ALJ) John Mulrooney conducted a prehearing conference hearing on Monday, December 2nd, to kick off the public hearing on the Department of Justices (DOJs) notice of proposed rulemaking (NPRM) to reschedule marijuana. By Larry K.

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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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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. Axon Enterprise, Inc.

Administrative Law 52

Administrative Law Constitutional Law Statute Court 52

FDA Law Blog

NOVEMBER 3, 2024

Koblitz & JP Ellison — Back in July, the United States Supreme Court turned the world of administrative law on its head, adding new layers of judicial oversight to what might have previously been thought of as fairly non-descript Federal agency functions. One of those cases was Loper Bright v.

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Statute Administrative Law Court Litigation 64

LawTechnologyToday

SEPTEMBER 7, 2023

At DOJ, Julie served in the Tax Division, Civil Division, and Federal Programs Branch, where she handled cases raising complex regulatory and administrative law questions in federal trial and appellate courts across the US. Copyright Office, and as an Adjunct Professor of Legal Research, Analysis, and Writing at Georgetown Law.

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Legal Legal Diligence Technology 69

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. As part of the ongoing litigation, the Guard claims that it has no authority under federal law to remedy this violation).

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Statute Government Administrative Assistant Laws 97

ClimateChange-ClimateLaw

NOVEMBER 12, 2023

The ‘ Acción de Cumplimiento ’ The ‘ Acción de Cumplimiento ’ is a unique legal mechanism enshrined in Article 87 of the Colombian Constitution and further developed by Law 393 of 1997. Anyone can file this type of lawsuit challenging both public and private parties if there is a clear obligation or duty in a law or administrative act.

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Legal Legal Laws Government 82

Patently O

JANUARY 10, 2023

New Patently-O Law Journal article by David Boundy , a partner at Potomac Law Group, PLLC. Mr. Boundy practices at the intersection of patent and administrative law, and consults with other firms on court and administrative agency proceedings, including PTAB trials and appeals. HowToUseGuidance.pdf.

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Lawyer Lawyers Administrative Law Laws 56

The Fashion Law

DECEMBER 9, 2021

Court of Appeals for the Federal Circuit and the Supreme Court, in which Nike claims that adidas also came up short. Unlike district court litigation, which can take several years to reach a trial date, a case filed before the ITC can proceed to an evidentiary hearing before an administrative law judge in eight to nine months.”.

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Technology Manufacturing Administrative Law Litigation 67

Broadcast Law Blog

JULY 21, 2022

According to the Press Release announcing his appointment, David Shaw will fill that position after having previously served as an administrative law judge on the International Trade Commission for over 10 years. A new Chief Copyright Royalty Judge of the Copyright Royalty Board has just been named by the Librarian of Congress.

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Sports Administrative Law Laws Court 92

FDA Law Blog

APRIL 26, 2021

Koblitz — So-called “Pay-for-Delay” settlements, also called Reverse Payment, settlements—in which an innovator sponsor pays a generic sponsor to settle ongoing patent infringement litigation in exchange for a delay in generic market entry—have been fodder for antitrust concerns for decades (see, for example, our coverage from 2013 ).

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Litigation Litigating Court Administrative Law 40

FDA Law Blog

APRIL 26, 2021

So-called “Pay-for-Delay” settlements, also called Reverse Payment, settlements—in which an innovator sponsor pays a generic sponsor to settle ongoing patent infringement litigation in exchange for a delay in generic market entry—have been fodder for antitrust concerns for decades (see, for example, our coverage from 2013 ).

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Litigation Litigating Court Administrative Law 40

Conflict of Laws

MARCH 1, 2023

This article examines the conflicts rules in question and discusses the broader private international law context of the proposed Directive, in particular the rules of jurisdiction and the mosaic approach of the CJEU for the interpretation of Article 7(2) of Regulation Brussels Ia.

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Contract Litigation Litigating Legal 52

FDA Law Blog

AUGUST 29, 2021

As a matter of administrative law, the Brand Memo made good sense from the perspective of FDA-regulated industry, as we described here. The memorandum cites the 2019 Supreme Court decision, Kisor v. This policy, announced by then Associate Attorney General Rachel Brand in 2018 was referred to as the Brand Memo. Wilkie , 139 S.

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Broadcast Law Blog

MARCH 7, 2023

Last week, broadcasters and broadcast journalists were abuzz with discussions of the FCC’s Media Bureau issuing a hearing designation order referring to an Administrative Law Judge questions about the proposed acquisition of the TEGNA broadcast stations by Standard General Broadcasting.

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