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.

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Stare Decisis Court Court Rules Litigation 223

JURIST

JANUARY 19, 2023

The suit was dismissed due to Mr. Perez’s failure to utilize all administrative remedies before filing suit. IDEA requires complainants to “exhaust” the administrative process before beginning litigation. Assistant Solicitor General Anthony Yang was present arguing on behalf of the United States in support of Perez.

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Court Laws Education Litigation 222

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.

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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.

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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. They saw advantages to trying patent cases to juries.

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Case Management Litigation Litigating Drafting 67

JURIST

JANUARY 18, 2021

It is typically conducted by the Bar Council twice a year to test the candidates’ knowledge on various substantive and procedural la w such as constitutional law, administrative law, the Indian Penal Code, criminal and civil procedure, evidence, public interest litigation, and professional ethics.

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Bar Exam Court Administrative Law Constitutional Law 118

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.

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Litigation Litigating Court Laws 62

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

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.

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Government Education Litigation Litigating 109

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.

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Court Statute Cause of Action Legal 145

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.

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Government Statute Cause of Action Litigation 89

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.

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Stare Decisis Administrative Law Statute Government 78

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.

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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

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.

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Diligence Government Administrative Law Litigation 99

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

Patently O

JUNE 27, 2024

23-1217) This is an administrative law case asking when the APA requires the PTO to conduct formal rulemaking. 23-1142) This case raises several issues related to patent infringement litigation, particularly focusing on the rights of individual inventors and small entities. Chestek PLLC v. Vidal (Case No. Tarun Surti v.

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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.

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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 ).

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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

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).

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Lawyer Lawyers Administrative Law Laws 54

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.

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Statute Court Entertainment Administrative Law 107

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

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.

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Laws Contract Legal Legal 140

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.

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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. 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

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.

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Legal Legal Laws Government 73

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

JonathanTurley

DECEMBER 8, 2022

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. Abdelhady had a drawn out litigation under WCA to force payments from the university.

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Laws Tort Litigation Litigating 31

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.”.

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Technology Manufacturing Administrative Law Litigation 67

Patently O

OCTOBER 18, 2023

The Section 15 declaration falsely stated no proceedings involving the DANTANNA’S mark were pending, when in fact the cancellation proceeding and related litigation were still ongoing. The philosophical divide between textual fidelity and policy concerns is a recurring tension in administrative law.

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Statute Attorney Sports Court 62

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.

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Statute Government Administrative Assistant Laws 82

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

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

Administrative Law 128

Administrative Law Litigation Litigating Laws 128

ClimateChange-ClimateLaw

JANUARY 22, 2024

In 2020, the PUC Administrative Law Judge (ALJ) denied Transource’s permit application on the basis that the project would increase wholesale rates in Pennsylvania and therefore failed to serve a public need under Pennsylvania law, despite providing benefits elsewhere within PJM’s territory.

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Court Construction Laws Government 73