SCOTUSBlog

APRIL 22, 2021

So a refusal to allow this argument would have left the claimants with no remedy for the admittedly unconstitutional appointment of the administrative law judges that rejected their Social Security claims.

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Administrative Law Statute Government Court Rules 104

Patently O

JULY 10, 2022

The Federal Circuit has agreed that Kevin Correll’s 5-year suspension from patent law practice should move forward. That complaint was then decided against Correll an Administrative Law Judge and issued a 5-year suspension from practice. by Dennis Crouch. Vidal (Fed. 2022) ( non-precedential ). EPA , 202 F.3d 3d 296 (D.C.

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SCOTUSBlog

JUNE 6, 2022

Fitzgerald , unanimously agreeing on Monday that a statute that imposes higher fees on bankruptcy filers in 48 states than in the other two states is so far from “uniform” that it transgresses the Constitution’s requirement that Congress provide “uniform Laws on the subject of Bankruptcies throughout the United States.”.

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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.

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Administrative Law Statute Litigation Litigating 108

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

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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Government Statute Attorney Administrative Law 70

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

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.

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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. 1983 — which allows private suits for state and local deprivations of rights secured by federal law—to enforce federal statutes enacted under Congress’ spending clause power.

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Stare Decisis Statute Court Contract 88

Customs & International Trade Law

JULY 2, 2024

Natural Resources Defense Council that gave federal agencies great leeway in interpretation of laws. Instead of deferring to agencies, judges may now substitute their own interpretation of the law, making it easier to overturn agency regulations across the federal government.

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Court Court Rules Administrative Law Laws 52

Customs & International Trade Law

MAY 13, 2022

Here is a recap of the latest customs and international trade law news: FDA. The complaint, as supplemented, further alleges that an industry in the United States exists as required by the applicable Federal Statute. On May 9, 2022, the FDA issued a Constituent Update stating that Glanbia Performance Nutrition (Manufacturing), Inc.

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Laws Manufacturing Administrative Law Government 97

LettersBlogatory

DECEMBER 8, 2022

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. I have been retained by counsel prosecuting these cases to consult and, in some cases, to provide expert declarations for the use of the administrative law judges.

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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. The general federal jurisdiction statute ( 28 U.S.C. Axon has been mired in FTC investigations and proceedings since it purchased a competitor in 2018.

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Statute Court Entertainment Administrative Law 107

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

Gravel2Gavel

MAY 27, 2021

This is a brief account of some of the important environmental and administrative law cases recently decided. The issue the court confronted was a procedural matter: Can the defendant energy companies use the federal removal statutes (see 28 USC Section 1442) to remove a state law climate change lawsuit to federal court?

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Statute Court Administrative Law Laws 45

SCOTUSBlog

MAY 11, 2022

Both cases present the question whether statutes that authorize appellate courts to review final agency adjudications implicitly strip district courts of jurisdiction over constitutional challenges to those proceedings. The next two relists raise a related question: whether a habeas corpus statute, 28 U.S.C. Federal Trade Commission.

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Stare Decisis Administrative Law Statute Government 78

Constitutional Law Reporter

FEBRUARY 8, 2024

The Court’s Chevron decision established a bedrock principle of administrative law. Under Chevron , courts must defer to a federal agency’s reasonable interpretation of an ambiguous statute that the agency is charged with administering, even if they are inclined to rule another way. Natural Resources Defense Council , 467 U.S.

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Statute Cause of Action Entertainment Court 52

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 dispute here involves two adjacent provisions of the Federal Trademark statute known as the Lanham Act of 1946 (as amended).

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Statute Attorney Sports Court 62

Gravel2Gavel

NOVEMBER 22, 2021

The courts have issued several new and significant rulings on environmental and administrative law the past few weeks. by Anthony B. COURT OF APPEALS FOR THE DISTRICT OF COLUMBIA CIRCUIT. Truck Trailer Manufacturers Association, Inc. See 81 FR 73478.)

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Court Manufacturing Administrative Law Statute 52

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.

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Statute Administrative Law Entertainment Court 52

SCOTUSBlog

JUNE 24, 2021

When Patel later sought to adjust his status to lawful permanent resident and obtain a green card, a divided panel of the Board of Immigration Appeals denied him relief, holding that he is inadmissible because he “falsely represented” himself as a U.S. citizen for a benefit under state law. Becerra and with consecutive numbers.

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Administrative Law Immigration Laws Government 68

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

MARCH 30, 2023

The National Marine Fisheries Service construed the governing statute to allow it to require industry to pay the salaries of those monitors. Circuit held that the statute was reasonably read to allow the agency to require industry to pay the cost of federal monitors. A divided panel of the U.S. Court of Appeals for the D.C. 17 and Mar.

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Statute Court Administrative Law Government 109

JURIST

NOVEMBER 7, 2022

In Monday’s oral argument, Paul Clement, on behalf of Axon, stated that the company is “challenging the constitutionality of statutes that insulate agency officials” and violate due process rights by “denying access to courts.”

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Court Cause of Action Statute Legal 118

Constitutional Law Reporter

DECEMBER 14, 2022

1983 ; and (2) whether, assuming spending clause statutes ever give rise to private rights enforceable via Section 1983, the Federal Nursing Home Amendments Act of 1987 ’s transfer and medication rules do so.” Axon Enterprise, Inc. Norfolk Southern Railway Co.:

Administrative Law 52

Administrative Law Constitutional Law Statute Court 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.

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Court Government Legal Legal 115

SCOTUSBlog

JULY 2, 2024

But Justice Ketanji Brown Jackson, writing for the dissenting liberal bloc, warned that the decision could have “staggering” implications, particularly in light of the court’s decision on June 28 eliminating the doctrine of deference to an agency’s reasonable interpretation of the laws that it administers.

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Patently O

DECEMBER 18, 2023

A decision favoring the petitioner would also be seen as bolstering the Administrative Procedure Act’s notice and comment requirements. The best place to begin any analysis is probably with the statute. The key trademark statute followed by the USPTO is the 1946 Lanham Act. ” 15 U.S.C. 1051(a)(2). Boundy Brief.

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Statute Attorney Small Business Administrative Law 44

Patently O

FEBRUARY 21, 2024

Chestek PLLC, a law firm run by Pamela Chestek and specializing in trademark law, challenged the domicile address rule itself, saying its imposition failed to comply with the notice and comment requirements of the Administrative Procedure Act (APA). licensed counsel. ” 5 U.S.C. §

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Administrative Law Legal Legal Court 44

Patently O

FEBRUARY 28, 2021

I contacted my Mizzou Colleague and Constitutional Law Scholar Prof. The PTO Director is charged by statute with providing policy direction and management supervision to the Office, including the Board. None of the parties were satisfied with this result, and each petitioned for writ of certiorari.

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Administrative Law Constitutional Law Court Statute 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.”

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Court Construction Laws Government 73

Constitutional Law Reporter

MAY 30, 2023

In such actions where the Commission elects to institute administrative proceedings to address statutory violations, it typically delegates the initial adjudication to an Administrative Law Judge (ALJ) with authority to resolve motions, hold a hearing, and then issue a decision. Saul , 593 U.S.

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Court Constitutional Law Entertainment Administrative Law 52

SCOTUSBlog

JANUARY 20, 2022

Morrissey-Berru , under which employees deemed “ministers” of religious institutions are not covered by various employment and discrimination laws. In 1981, Congress passed a statute requiring that reimbursement rates paid to organizations for managing state Medicaid plans must be “actuarially sound.” Next up is Texas v. 10 and Jan.

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Court Statute Education Administrative Law 99

Day on Torts

SEPTEMBER 22, 2021

After plaintiff appealed the decision, an Administrative Law Judge determined that plaintiff was in fact entitled to benefits from defendant. 27-9-114 and § 45-3-322, which together establish that “[j]udicial review of an administrative agency’s action is within the exclusive jurisdiction of the Chancery Court.”

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Tort Contract Administrative Law Court 59

SCOTUSBlog

NOVEMBER 27, 2023

To leave the decision unreviewed would force Congress to revise substantially the affected portions of the securities laws solely based on the opinion of one divided lower court panel – hence, the Supreme Court’s buffet of constitutional law topics on Wednesday morning.

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Cause of Action Court Administrative Law Statute 144

Intelligize Blog

JULY 9, 2024

For roughly 40 years, administrative law in the United States has adhered to the Chevron doctrine, so named for the Supreme Court’s ruling in Chevron U.S.A., That decision established that courts should defer to the interpretations of federal agencies when it comes to ambiguous legal statutes.

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Court Decisions Court Statute Administrative Law 107

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 case centers on part of a 2003 law that gives Medicare two options for how to pay for those drugs.

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