Law 360

AUGUST 16, 2024

Supreme Court's recent ruling in Corner Post v. Federal Reserve Board has helped to alter the fundamental underpinnings of administrative law — and its plaintiff-centric approach may have implications for some specific environmental laws' statutes of limitations, say Chris Leason and Liam Martin at Gallagher and Kennedy.

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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

JUNE 27, 2022

Empire Health Foundation, the Supreme Court had yet another chance to topple the Chevron doctrine , a stalwart of administrative law under which courts generally defer to federal agencies’ interpretations of ambiguous statutes. The court made no mention of the Chevron doctrine , appearing to leave it intact.

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Gravel2Gavel

JUNE 22, 2021

environmental and administrative law cases recently decided. SUPREME COURT. The federal government depends on the service of thousands of Administrative Law Judges (ALJs), most of whom are appointed or selected by the head of an agency or internal agency boards. the President alone.or Continue Reading ›.

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SCOTUSBlog

NOVEMBER 29, 2021

Becerra , a sleeper of a case involving billions of dollars in federal spending and a chance to reshape two doctrines at the heart of administrative law. Drugs, money, and the law: Sounds sexy, right? A drug’s “average price” is fixed elsewhere in the Medicare statute, typically at 106% of the drug’s sale price.

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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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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

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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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. Guest post by Arti K.

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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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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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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. Little was clarified by either side’s arguments.

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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. 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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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

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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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

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

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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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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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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Patently O

JULY 10, 2022

205: [Federal employees may not] act as agent or attorney for anyone before any department, agency, court, court martial, officer, or civil, military, or naval commission in connection with any covered matter in which the United States is a party or has a direct and substantial interest.”. The key rule: 18 U.S.C. § EPA , 202 F.3d

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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

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

APRIL 26, 2021

Share On Tuesday, the Supreme Court will hear oral argument in HollyFrontier Cheyenne Refining, LLC v. First, in subparagraph (A) of Section 7545(o)(9), labeled “Temporary exemption,” the statute provided that small refineries need not comply with the RFS program until 2011. Renewable Fuels Association.

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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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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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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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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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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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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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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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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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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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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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ClimateChange-ClimateLaw

NOVEMBER 12, 2023

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. Among the main legal statutes are: Law 164 of 1994 on the UNFCCC. Law 629 of 2000 on the Kyoto Protocol. Law 1523 of 2012 on risk management.

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Patently O

JUNE 17, 2024

The court concluded that the APA inherently includes an exception for procedural requirements and so the USPTO was not required to follow notice-and-comment rulemaking when promulgating the trademark applicant home-address rule, because the court deemed it to be a procedural rather than substantive rule exempt from those APA requirements.

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Patently O

FEBRUARY 21, 2024

The court held that the domicile address rule was clearly procedural in nature rather than substantive, and thus was exempted from APA notice and comment strictures. The key passage from the court reads: [T]he new rule requires additional information about applicants, i.e., their domicile address. ” 5 U.S.C. §

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