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Patent Puzzles after the Supreme Court’s 2024 Administrative Law Cases: Stare Decisis, Rulemaking, and Discretion

Patently O

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.

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As Jurisprudence Under Loper Bright Develops, Early Scorecard is Mixed

FDA Law Blog

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.

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New York sues New Jersey over compact governing Port of New York and New Jersey

SCOTUSBlog

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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May Regulatory Dates for Broadcasters – Rulemaking Comments on Various TV Issues and More

Broadcast Law Blog

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.

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Justices will assess federal labor protections for National Guard technicians

SCOTUSBlog

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 89
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Divided court declines to reinstate Biden’s immigration guidelines, sets case for argument this fall

SCOTUSBlog

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.