Patently O

APRIL 1, 2022

Government employees are not available to accept private clients or to represent clients other than their agency before the United States Patent and Trademark Office.” In 2016, someone at the Navy figured out that this was a problem and worked with the USPTO Office of Enrollment & Discipline to begin an investigation.

Government 72

Government Statute Attorney Administrative Law 72

Law 360

MARCH 4, 2022

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. Supreme Court in West Virginia v.

Administrative Law 40

Administrative Law Laws Court Decisions Government 40

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.

Administrative Law 109

Administrative Law Statute Court Rules Government 109

Law 360

MARCH 25, 2024

The federal government cannot continue pursuing proceedings before the U.S.

Immigration 98

Immigration Administrative Law Government Laws 98

SCOTUSBlog

JUNE 1, 2021

Share The Supreme Court on Tuesday sided with the federal government in a dispute over when federal courts can treat asylum seekers’ testimony as credible. In argument and briefing, the government contended that the 9th Circuit approach violated standards of federal court review. Dai and Garland v.

Immigration 145

Immigration Government Administrative Law Court 145

SCOTUSBlog

NOVEMBER 27, 2023

The second question is whether Congress can delegate to the SEC the power to decide whether a case should be pursued as an administrative proceeding or as a civil enforcement action – that is, within the agency or in a federal district court. Here, the key authority is the Supreme Court’s 2010 decision in Free Enterprise Fund v.

Cause of Action 145

Cause of Action Court Administrative Law Statute 145

FDA Law Blog

FEBRUARY 18, 2025

23, 2025), DEA reviewed evidence from an administrative hearing and upheld the Administrative Law Judges (ALJs) recommended decision to revoke the registration of a pharmacy that DEA alleged dispensed controlled substances to patients without resolving numerous red flags of diversion. In Neumanns Pharmacy, LLC , 90 Fed.

Diligence 69

Diligence Administrative Law Government Laws 69

JURIST

MARCH 2, 2021

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. The US Supreme Court on Monday heard oral arguments Monday in United States v. Arthrex, Inc.,

Court 104

Court Administrative Law Statute Laws 104

Patently O

JULY 24, 2024

establishing and governing inter partes review.” In sum, the result of the latest round of Supreme Court administrative law rulings, even in the relatively unscathed area of patent law, will be a host of puzzles and continuing litigation over these puzzles.

Stare Decisis 53

Stare Decisis Administrative Law Construction Laws 53

C|M|LAW Library

JANUARY 27, 2025

But once you really get into the weeds with administrative law materials, youll soon find that Rule 14 doesnt cover everything you need. Federal Administrative and Executive Materials. Thats when you might need to check table T1.2

Administrative Law 40

Administrative Law Laws Government Legal 40

JURIST

JULY 18, 2023

This decision came as part of the attempted judicial reform that the current coalition government has been trying to pass. It sparked mass protests in January , due to fears that the proposed bills will limit judicial oversight of government decisions and weaken judicial independence.

Government 104

Government Administrative Law Tort Contract Law 104

JURIST

FEBRUARY 25, 2021

The government argued that the agency handling asylum cases determined that evidence that did not speak to the credibility of the asylum seekers’ claims undermined their persuasiveness. Administrative law generally was also featured during the arguments. Wilkinson v.

Court 117

Court Immigration Administrative Law Government 117

SCOTUSBlog

APRIL 23, 2021

In this case, for example, the claimants in agency proceedings from 2013 to 2015 did not know that a 2018 decision of the Supreme Court would invalidate the SSA’s process for appointing administrative law judges, and so they did not complain about that process before the agency.

Administrative Law 109

Administrative Law Statute Litigating Litigation 109

SCOTUSBlog

MAY 11, 2022

This week they’re replaced by three new relists, all involving government petitions in one way or another. Both cases arise in the context of administrative proceedings brought by independent enforcement agencies against regulated parties — Axon by the Federal Trade Commission, and Cochran by the Securities and Exchange Commission.

Stare Decisis 100

Stare Decisis Administrative Law Statute Government 100

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? The upshot was that hospitals were buying highly discounted drugs and then charging the federal government full price.

Statute 138

Statute Administrative Law Court Government 138

SCOTUSBlog

JULY 30, 2021

Under this system, intervention on the side of a private party requires showing only that the existing parties will inadequately represent the intervenor’s position; however, when intervening on the side of the government, a presumption that the government will adequately represent the intervenor’s position must be overcome.

Government 113

Government Education Litigating Litigation 113

Law 360

OCTOBER 6, 2024

Supreme Court will hear several cases in its October 2024 Term that could further refine the new administrative law landscape, establish constitutional rights to gender-affirming care for transgender minors and affect how the federal government regulates water, air and weapons.

Administrative Law 52

Administrative Law Court Government Laws 52

SCOTUSBlog

APRIL 22, 2024

The case here involves administrative proceedings under the National Labor Relations Act. Under the statutory framework, the NLRB files an administrative complaint, which launches an agency proceeding before an administrative law judge, whose decision is subject to review by the NLRB and then, in due course, in the federal courts of appeals.

Court 125

Court Government Legal Legal 125

SCOTUSBlog

JUNE 6, 2022

First, she addressed the government’s argument that the relevant law is an administrative law not subject to the Constitution’s bankruptcy clause. She also rejected the idea that the need for local variation should permit different fees in different parts of the country.

Court 104

Court Statute Administrative Law Laws 104

SCOTUSBlog

NOVEMBER 30, 2023

The justices said not a word about the second challenge, and they made only one offhand comment about the third challenge, when Justice Brett Kavanaugh suggested in passing that the administrative law judges’s appointments won’t pass muster with him.

Administrative Law 134

Administrative Law Litigating Litigation Laws 134

SCOTUSBlog

NOVEMBER 8, 2022

The two cases involve substantively identical statutes that govern challenges to final orders issued by the FTC and the SEC. Several of the justices sounded firmly and irrevocably opposed to the government’s argument that the district courts cannot hear these cases. We don’t have a cease-and-desist order here.

Statute 111

Statute Government Litigating Litigation 111

Gravel2Gavel

JUNE 22, 2021

environmental and administrative law cases recently decided. However, because they sometimes wield enormous decisional power, several cases have been filed regarding the constitutionality of ALJs in many governments including the SEC and the Social Security Administration. by Anthony B. SUPREME COURT.

Tort 59

Tort Statute Administrative Law Court 59

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.

Court 52

Court Administrative Law Attorney Government 52

Broadcast Law Blog

MAY 6, 2023

Cathy McMorris Rodgers sent a joint letter to FCC Chairwoman Rosenworcel asking the FCC to provide detailed information about, among other things, the circumstances surrounding and the FCC’s rationale for designating the matter for hearing.

Diligence 99

Diligence Government Administrative Law Litigating 99

LettersBlogatory

DECEMBER 8, 2022

KBR Government Operations. The Defense Base Act is a federal statute that gives a worker’s compensation-like benefit to employees of US government and military contractors injured at work overseas. If so, is the administrative law judge a judicial authority? The case of the day is Begisholli v.

Administrative Law 52

Administrative Law Depositions Government Statute 52

SCOTUSBlog

APRIL 18, 2022

George’s petition asserted that the board’s 1977 decision had rested on a “clear and unmistakable error” because the board had failed to correctly apply the “presumption of sound condition” required by a different provision of the statute governing veterans’ benefits.

Statute 106

Statute Stare Decisis Government Contract 106

SCOTUSBlog

JANUARY 14, 2023

Under the INA, a withholding-of-removal applicant must show they are likely to be persecuted in the country to which the government will send them. However, the government can rebut this presumption by showing that the applicant’s life or freedom would not be threatened in the removal country due to their membership in a protected group.

Immigration 97

Immigration Court Government Statute 97

FDA Law Blog

JANUARY 15, 2024

Koblitz — You know a court decision is going to be worth reading when the judges compare FDA’s regulatory governance of flavored e-cigarettes to a Shakespearean gaslighting. But administrative law does not turn on such infinitesimal possibilities.” By David B. Clissold & Sara W.

Manufacturing 115

Manufacturing Administrative Law Court Court Decisions 115

Law 360

JUNE 8, 2021

workers based on their citizenship by hoarding thousands of jobs for temporary visa holders, an administrative law judge has ruled, finding that the Executive Office for Immigration Review is the correct forum for the federal government's allegations. Facebook Inc. must face claims that it discriminated against U.S.

Immigration 40

Immigration Administrative Law Government Laws 40

SCOTUSBlog

JANUARY 6, 2023

The technicians in this case had been unionized for 45 years when the Guard, in effect, terminated its collective-bargaining relationship with their union, the American Federation of Government Employees, Local 3970, AFL-CIO. The case begins with a common “union avoidance” narrative.

Statute 105

Statute Government Administrative Assistant Laws 105

SCOTUSBlog

JUNE 28, 2024

But in the years since then, it became one of the most important rulings on federal administrative law, cited by federal courts more than 18,000 times. Going forward, judges will be charged with interpreting the law faithfully, impartially, and independently, without deference to the government.

Court 145

Court Statute Cause of Action Legal 145

SCOTUSBlog

MARCH 30, 2023

The Magnuson-Stevens Act governs the management of fisheries in federal waters and provides that the National Marine Fisheries Service may require vessels to carry federal observers onboard to enforce agency regulations to prevent overfishing. That brings us to this week’s sole new relist: Loper Bright Enterprises v.

Statute 129

Statute Court Administrative Law Government 129

SCOTUSBlog

NOVEMBER 4, 2022

It sued in a federal district court, arguing that the FTC’s proceedings are unconstitutional both because the method of appointing ALJs (administrative law judges) violates the Constitution’s appointments clause and because the combination of investigatory, prosecutorial, and adjudicatory functions offends the due process clause.

Statute 121

Statute Entertainment Court Administrative Law 121

SCOTUSBlog

DECEMBER 26, 2023

If a government official punishes someone because of their pure speech, that person may have a strong case to sue for retaliation in violation of their constitutional rights. United States 23-310 Issue : Whether the administrative law principles articulated in Kisor v. A list of all petitions we’re watching is available here.

Legal 88

Legal Legal Attorney Lawyer 88

Patently O

JULY 10, 2022

That complaint was then decided against Correll an Administrative Law Judge and issued a 5-year suspension from practice. Here, the district court also concluded that “[t]he government has a direct and substantial interest in patent applications.” Drew Hirshfeld in his role as agency head affirmed the ALJ finding.

Laws 90

Laws Statute Attorney Court 90

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. A felony conviction involving lying to another government agency will normally trigger such a review.

Felony 88

Felony Construction Administrative Law Government 88

ClimateChange-ClimateLaw

JUNE 21, 2023

But that has not deterred the South African government from planning to add 1500 MW of new coal-fired power between 2023 to 2027. Rather than challenging individual authorisations for individual projects – so-called downstream challenges – the litigants have directly challenged the government’s plans to procure new coal-fired power.

Litigating 105

Litigating Litigation Lawyer Lawyers 105