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. Notably, the 2016 patent law case of Cuozzo v. Guest post by Arti K. Rai , Elvin R. no standing requirement).

Stare Decisis 53

Stare Decisis Administrative Law Construction Laws 53

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 Litigating 223

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

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 103

Administrative Law Statute Litigating Litigation 103

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 118

Administrative Law Litigation Litigating Laws 118

ClimateChange-ClimateLaw

MAY 30, 2024

Ecological restoration and environmental remediation are some responses to climate change, and thereby this Treaty is likely to impact future climate litigation. The Draft Treaty complements soft law in the same area, namely the UN Guiding Principles on Business and Human Rights. 2(e), 6, 7, and 8, in particular).

Drafting 59

Drafting Litigation Litigating Diligence 59

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?

Court 145

Court Statute Cause of Action Legal 145

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.

Legal 83

Legal Legal Laws Government 83

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.

Litigating 40

Litigating Litigation Administrative Law Laws 40

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.

Government 90

Government Statute Cause of Action Entertainment 90

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.

Government 104

Government Education Litigating Litigation 104

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 Litigating Litigation Drafting 67

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 80

Stare Decisis Administrative Law Statute Government 80

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 105

Statute Government Litigating Litigation 105

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

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.

Litigating 72

Litigating Litigation Court Laws 72

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.

Legal 69

Legal Legal Diligence Technology 69

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.

Statute 101

Statute Entertainment Court Administrative Law 101

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

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 108

Court Government Legal Legal 108

FDA Law Blog

MARCH 6, 2025

Hull Late last month, the Department of Justice filed a short statement regarding administrative law judges (ALJs). The letter stated that the Department had already taken this position in ongoing litigation, referencing a pending case before the U.S. Court of Appeals for the Third Circuit, Axalta Coating Systems LLC v.

Administrative Law 105

Administrative Law Laws Litigating Litigation 105

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 56

Lawyer Lawyers Administrative Law Laws 56

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

Broadcast Law Blog

APRIL 27, 2023

The FCC has already issued such an extension three times since the initial compliance deadline of May 26, 2015, as the NAB contends that there still is no workable technology that can perform the functions required by the rule (see our Broadcast Law Blog article here from the last extension 5 years ago).

Finance 85

Finance Administrative Law Litigation Litigating 85

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.

Administrative Law 52

Administrative Law Litigating Litigation Court 52

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

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.

Laws 31

Laws Tort Litigating Litigation 31

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.

Sports 92

Sports Administrative Law Laws Court 92

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

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.

Legal 70

Legal Legal Attorney Lawyers 70

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 Lawyers Lawyer 52

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.

Statute 78

Statute Government Administrative Assistant Laws 78

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 83

Court Construction Laws Government 83

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

LegalReader

DECEMBER 25, 2020

Pennsylvania parkway project will unjustly affect Black residents, NAACP contends in new lawsuit.

Administrative Law 105

Administrative Law Construction Litigating Litigation 105

SCOTUSBlog

JANUARY 20, 2022

Morrissey-Berru , under which employees deemed “ministers” of religious institutions are not covered by various employment and discrimination laws. Federal Trade Commission , 21-86 , involves the manufacturer of the law-enforcement device immortalized in the formerly trademarked phrase, “ Don’t tase me, bro! 10 and Jan. 14 conference).

Statute 98

Statute Court Education Administrative Law 98

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 ).

Litigating 40

Litigating Litigation Court Administrative Law 40