JURIST

JUNE 28, 2024

.” In reaching this conclusion, the court analyzed the Administrative Procedure Act (APA), legislation which determines the role of courts. The court found that the Chevron deference conflicts with the APA, which states that “the reviewing court” is to “decide all relevant questions of law.”

Stare Decisis 223

Stare Decisis Court Court Rules Litigation 223

Mondaq

MARCH 28, 2022

An ITC Administrative Law Judge (ALJ) recently issued an initial determination holding that PGR estoppel prevented GMG Products LLC (Respondent) from raising two prior-art products in the ITC.

Litigation 40

Litigation Litigating Administrative Law Laws 40

JURIST

JUNE 18, 2021

It speaks to his long career as a litigator before his appointment to the Ontario Court of Appeal in 2019. Jamal previously taught constitutional law at McGill University in Montreal, Quebéc, and administrative law at Osgoode Hall in Toronto.

Court 239

Court Administrative Law Constitutional Law Litigation 239

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 108

Administrative Law Statute Litigation Litigating 108

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. Patent Case Management Goes International.

Case Management 67

Case Management Litigation Litigating Drafting 67

LawTechnologyToday

JUNE 21, 2021

the “others” who will bear securities law liability). Most likely, it will take a couple of room-clearing court decisions to help owners and litigants navigate their waters. Julian Pipolo is an Australasian lawyer working at a top-tier firm predominantly in administrative law. appeared first on Law Technology Today.

Laws 140

Laws Contract Legal Legal 140

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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Legal Legal Laws Government 73

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. The question, as she framed it, is “[w]ho decides which of the possible readings” of those laws should prevail?

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Court Statute Cause of Action Legal 145

ClimateChange-ClimateLaw

APRIL 18, 2024

Incorporating International Climate Change Law to Maintain the ECHR’s Relevance Amid the Climate Crisis “Everything could be different – and yet there is almost nothing I can change.” Neither the Swiss Federal Administration (paras. 22–31) nor the Federal Administrative Court (paras. e.g., Cordella and Others v.

Litigation 62

Litigation Litigating Court Laws 62

JURIST

JANUARY 18, 2021

The petition challenges the Bar Council of India’s authority to prescribe a post-enrollment qualification for practising law. Once an advocate has cleared the exam, the Chairman of the Bar Council issues a certificate of practice deeming them fit to practice law in India.

Bar Exam 118

Bar Exam Court Administrative Law Constitutional Law 118

LawTechnologyToday

SEPTEMBER 7, 2023

Julie founded Standd after over a decade practicing law, mostly as a trial attorney at the U.S. 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.

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Legal Legal Diligence Technology 69

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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Government Statute Cause of Action Litigation 89

SCOTUSBlog

JULY 30, 2021

Victim Rights Law Center , three advocacy groups devoted to promoting free speech and due process on college campuses sought intervention on the side of the government – in a case that the advocacy groups believe presents historically significant changes to administrative proceedings under Title IX. Victim Rights Law Center.

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Government Education Litigation Litigating 109

JonathanTurley

DECEMBER 8, 2022

There is an interesting case this week involving an adjunct professor at George Washington Law School, where I teach. In the course of the litigation, Abdelhady asked the court to ignore her election (and receipt) of workers’ compensation benefits and find that the WCA does not apply after all.

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Laws Tort Litigation Litigating 31

SCOTUSBlog

MAY 11, 2022

The question is whether the United States is such a successful litigant that the court will grant review even in cases it doesn’t want the court to review. In addition, the Supreme Court held a few years back that the appointment procedures for SEC administrative law judges violate the Constitution’s appointments clause.

Stare Decisis 78

Stare Decisis Administrative Law Statute Government 78

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. By Jason Rantanen. Pre-AIAPatents ).

Lawyer 54

Lawyer Lawyers Administrative Law Laws 54

SCOTUSBlog

NOVEMBER 8, 2022

In both cases, the plaintiff contended that the agency proceedings are so biased that they offend the due process clause and also that the processes for appointing the ALJs (administrative law judges) that eventually would hear any proceedings violate the Constitution’s appointments clause.

Statute 142

Statute Government Court Litigation 142

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.

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Court Government Legal Legal 115

Constitutional Law Reporter

DECEMBER 14, 2022

Two of the cases involve whether litigants must wait for administrative proceedings to conclude before challenging the authority of federal agencies in federal court. The post Justices Consider Making It Easier to Challenge Regulatory Power of Federal Agencies appeared first on Constitutional Law Reporter.

Administrative Law 52

Administrative Law Constitutional Law Statute Court 52

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.

Diligence 99

Diligence Government Administrative Law Litigation 99

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.

Contract 52

Contract Litigation Litigating Legal 52

Patently O

JUNE 27, 2024

23-1231) I’ve previously written about this case which focuses the interplay between statutory provisions and old judge-made doctrines in patent law. 23-1217) This is an administrative law case asking when the APA requires the PTO to conduct formal rulemaking. Vidal (Case No. Chestek PLLC v. Vidal (Case No.

Court 40

Court Technology Administrative Law Litigation 40

Constitutional Law Reporter

JUNE 4, 2021

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 unanimously held in Carr v. Facts of the Case. Thereafter, the U.S.

Statute 52

Statute Administrative Law Entertainment Court 52

SCOTUSBlog

DECEMBER 26, 2023

United States is permissible only when a pending state court case will necessarily resolve the federal proceedings however it is decided, or whether a stay is permissible when one of the potential outcomes in state court can completely resolve the case, even if a second potential outcome would leave further issues for federal litigation.

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Legal Legal Attorney Lawyer 94

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 ).

Litigation 40

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 ).

Litigation 40

Litigation Litigating Court Administrative Law 40

SCOTUSBlog

NOVEMBER 4, 2022

The first case involves Axon Enterprise, an Arizona company that makes police body cameras and other technology products for law enforcement. That point is made most tellingly in Cochran’s case: She’s already won on that route once (after Lucia ) and she’s still at the SEC in litigation four years later.

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Statute Court Entertainment Administrative Law 107

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. Broadcast Law Blog ).

Felony 88

Felony Construction Administrative Law Government 88

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. Companies should be prepared to vigorously defend themselves, starting with Attorney General Garland’s own reminder: “By definition, guidance documents ‘do not have the force and effect of law.’”.

Attorney 52

Attorney Government Lawyer Lawyers 52

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.

Administrative Law 52

Administrative Law Court Reporting Court Reporter Contract 52

The Fashion Law

DECEMBER 9, 2021

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.”. International Trade Commission.

Technology 67

Technology Manufacturing Administrative Law Litigation 67

SCOTUSBlog

JANUARY 6, 2023

The guard, moreover, questioned the applicability to the technicians of various federal labor statutes, especially the Federal Service Labor-Management Relations Statute , a 1978 law that established collective-bargaining rights for most employees of the federal government. And last year, in Babcock v.

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Statute Government Administrative Assistant Laws 82

Patently O

OCTOBER 18, 2023

’s predecessor Dan Tana petitioned to cancel the registration, alleging a likelihood of confusion with his common law “DAN TANA” restaurant mark. Whether we would prefer a different result be reflected in the statute is irrelevant to our responsibility to decide the case before us based on the law as it exists.

Statute 62

Statute Attorney Sports Court 62

ClimateChange-ClimateLaw

JANUARY 22, 2024

FERC approved this agreement in 2017, and Transource then filed siting applications with the Pennsylvania Public Utility Commission (PUC), as required by Pennsylvania law. The Supremacy Clause serves to “ invalidate[] state law that interferes with or is contrary to federal law.”

Court 73

Court Construction Laws Government 73

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

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. It just can’t take away a person’s right to be heard before his peers.”

Administrative Law 128

Administrative Law Litigation Litigating Laws 128

SCOTUSBlog

JANUARY 14, 2023

Courts already have an affirmative obligation to test their subject-matter jurisdiction (their authority to hear parties’ claims) at all stages of litigation. Moreover, the government argues that the INA’s administrative-review scheme and implementing regulations require presentation of specific issues to the BIA for exhaustion.

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Immigration Court Government Statute 75