Patently O

JULY 24, 2024

Although these decisions may not have as significant an impact in patent law as in other areas, they do pose interesting puzzles with respect to stare decisis as well as agency rulemaking and discretion that will provide many litigation opportunities going forward. Meanwhile, Justice Gorsuch’s 2024 Ohio v.

Stare Decisis 53

Stare Decisis Administrative Law Construction Laws 53

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 105

Government Statute Cause of Action Entertainment 105

SCOTUSBlog

JANUARY 6, 2023

Share Ohio Adjutant General’s Department v. Federal Labor Relations Authority , which the Supreme Court will hear on Monday, involves the collective-bargaining rights of “dual status” military technicians who work in the Ohio National Guard. The union filed another unfair-labor-practice charge with the FLRA in April 2017.

Statute 101

Statute Government Administrative Assistant Laws 101

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 Litigation Litigating 85

SCOTUSBlog

JANUARY 20, 2025

The FDA points to the laws use of the phrase adversely affected to describe who can file a petition for review of the FDAs denial of a marketing application. This, the FDA continues, creates incentives for forum-shopping. This article was originally published at Howe on the Court.

Manufacturing 97

Manufacturing Court Laws Administrative Law 97

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. Of course, Loper Bright wasn’t the only blockbuster admin law case this year.

Statute 64

Statute Administrative Law Court Litigating 64

SCOTUSBlog

JULY 21, 2022

The justices left in place a district-court ruling striking down the policy, which means that the Biden administration cannot implement it while it waits for the Supreme Court to hear argument and issue a decision. Court of Appeals for the 5th Circuit rejected the Biden administration’s request to put Tipton’s ruling on hold while it appeals.

Immigration 145

Immigration Court Government Court Rules 145