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 110

Administrative Law Statute Litigating Litigation 110

JURIST

JUNE 28, 2024

.” Despite this, the court still confirmed that the holdings of previous cases using the Chevron deference (including Chevron itself) stand, perhaps easing concern over a wave of new litigation over old issues.

Stare Decisis 223

Stare Decisis Court Court Rules Litigation 223

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. This is likely to impact the success rate of litigation claims, since the clearer an obligation is in its scope and nature, the more likely it is that non-compliance is sanctioned.

Drafting 58

Drafting Litigating Litigation Diligence 58

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. T]hat’s the issue. That’s the result. The Seventh Amendment is no bar.”

Administrative Law 135

Administrative Law Litigation Litigating Laws 135

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

JULY 30, 2021

They ask the justices for their review to establish exactly what showing of inadequacy a proposed intervenor must make to intervene on the same side as a government litigant. Victim Rights Law Center. Thus, the advocacy groups seek to intervene to ensure that their constitutional defenses and interests are represented.

Government 115

Government Education Litigating Litigation 115

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 90

Stare Decisis Administrative Law Statute Government 90

SCOTUSBlog

APRIL 2, 2022

New York maintains that the terms of the compact provide that only Congress can repeal it and that, insofar as the compact represents a federal statute, its breach violates federal law. In earlier litigation, the Waterfront Commission sued the New Jersey governor to prevent him from enforcing the law. However, the U.S.

Government 102

Government Statute Cause of Action Entertainment 102

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. They saw advantages to trying patent cases to juries.

Case Management 67

Case Management Litigating Litigation Drafting 67

LawTechnologyToday

JUNE 21, 2021

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. But it would be naive to think these issues will halt their progress. About the Author.

Laws 140

Laws Contract Legal Legal 140

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

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 111

Statute Government Litigation Litigating 111

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

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 119

Statute Court Entertainment Administrative Law 119

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 Litigating 99

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 Litigation Litigating Court 52

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

Conflict of Laws

JULY 11, 2021

If they have chosen (a), the parties might stipulate which court and in which jurisdiction the matter will be litigated. The use of alternative dispute resolution mechanisms in public interest litigation brings both substantial and procedural advantages.

Laws 76

Laws Litigating Litigation Court 76

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

ClimateChange-ClimateLaw

APRIL 18, 2024

C ategorical differences between KlimaSeniorinnen and Court’s existing environmental case law ‘KlimaSeniorinnen’ had thus exhausted all domestic remedies. This indicates that not only democracy but also litigation to compel governments to reduce GHG emissions is fraught with obstacles. 657), the “tailored approach” (para.

Litigating 71

Litigating Litigation Court Laws 71

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 83

Legal Legal Attorney Lawyer 83

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. Continuing to play GMR music without a license risks a copyright infringement action and significant liability.

Felony 88

Felony Construction Administrative Law Government 88

Broadcast Law Blog

APRIL 27, 2023

The FCC Administrative Law Judge, who is overseeing the hearing ordered by the Media Bureau on certain alleged factual issues that the Bureau has identified with the proposed acquisition, recently put the proceeding on hold so that the parties do not need to spend more money litigating if the deal will not happen.

Finance 85

Finance Administrative Law Litigating Litigation 85

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. COVID-19Impact).

Lawyers 56

Lawyers Lawyer Administrative Law Laws 56

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 Supreme Court heard oral arguments in five cases last week. Axon Enterprise, Inc.

Administrative Law 52

Administrative Law Constitutional Law Statute Court 52

FDA Law Blog

NOVEMBER 3, 2024

Koblitz & JP Ellison — Back in July, the United States Supreme Court turned the world of administrative law on its head, adding new layers of judicial oversight to what might have previously been thought of as fairly non-descript Federal agency functions. By John W.M. Claud & Sara W. One of those cases was Loper Bright v.

Statute 64

Statute Administrative Law Court Litigating 64

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.”.

Technology 67

Technology Manufacturing Administrative Law Litigating 67

SCOTUSBlog

JANUARY 6, 2023

As part of the ongoing litigation, the Guard claims that it has no authority under federal law to remedy this violation). The union filed another unfair-labor-practice charge with the FLRA in April 2017. The charge essentially alleged that the Guard was communicating the futility of union membership under the circumstances.

Statute 94

Statute Government Administrative Assistant Laws 94

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. The second, and arguably more significant, policy prohibited its lawyers from civilly prosecuting companies for violating “requirements” set forth in agency guidance documents.

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

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

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 ).

Litigating 40

Litigating Litigation Court Administrative Law 40

LegalReader

DECEMBER 25, 2020

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

Administrative Law 105

Administrative Law Construction Litigation Litigating 105

ClimateChange-ClimateLaw

NOVEMBER 12, 2023

In April 2023, the Council of State, the highest court on administrative law matters, affirmed the decision. Despite a strong climate change legal framework, the lack of implementation of statutes and case law is a prevalent and persistent issue in Colombia. In February 2023, the Tribunal of Cundinamarca decided the case.

Legal 82

Legal Legal Laws Government 82

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

Conflict of Laws

MARCH 1, 2023

In order to limit the forum shopping potential of the present rules on jurisdiction and applicable law in defamation cases, an intervention by the EU legislature should be envisaged. Litigation in matters of corporate accountability is, distinctively, strategic in nature.

Contract 52

Contract Litigation Litigating Legal 52

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.

Immigration 87

Immigration Court Government Statute 87