Remove agencies u-s-supreme-court
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SCOTUS Clarifies Statute of Limitations for APA Claims

Constitutional Law Reporter

Supreme Court held that a claim under the Administrative Procedure Act (APA) does not accrue for purposes of 28 U.S.C. 2401(a) ’s default six-year statute of limitations until the plaintiff is injured by final agency action. The District Court dismissed the suit as time-barred under 28 U.

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Supreme Court Rules Federal Agencies Can Be Sued Under Fair Credit Reporting Act

Constitutional Law Reporter

Supreme Court held that a consumer may sue a federal agency under 15 U.S.C. §§ 1681n and 1681o for failing to comply with the terms of the Fair Credit Reporting Act (FCRA). While the District Court sided with the USDA, the Third Circuit Court of Appeals reversed. It held that the USDA could be sued because 15 U.

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SCOTUS Sides With Deaf Student in ADA Suit

Constitutional Law Reporter

Supreme Court held that a deaf student seeking compensatory damages under the Americans with Disabilities Act (ADA) for the denial of a free and appropriate education may proceed without exhausting the administrative processes of the Individuals with Disabilities Education Act (IDEA) because the remedy sought is not one IDEA provides.

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Supreme Court Limits Standing for Class-Action Suits Under FCRA

Constitutional Law Reporter

Ramirez , 594 U. S. _ (2021), the U.S. Supreme made it more difficult for plaintiffs to prove standing when bringing a credit-reporting class action lawsuit. The Fair Credit Reporting Act (FCRA) regulates the consumer reporting agencies that compile and disseminate personal information about consumers. Facts of the Case.

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SCOTUS Issues First Opinion of the Term

Constitutional Law Reporter

Supreme Court issued its first opinion of the 2022-2023 Term. McDonough , 598 U. 5110(a)(1), the VA assigned an effective date of June 3, 2011—the day that the agency received his claim—to Arellano’s disability award. Justice Amy Coney Barrett wrote on behalf of the Court. In Arellano v.

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SCOTUS Backs FCC in FCC v. Prometheus Radio Project

Constitutional Law Reporter

Prometheus Radio Project , 592 U. S. _ (2021), the U.S. Supreme Court held that the Federal Communications Commission’s (FFC) 2017 decision to repeal or modify three of its media ownership rules was not arbitrary or capricious under the Administrative Procedure Act (APA). The Court’s decision was unanimous.

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Democracy on Trial: Chestek and the Future of USPTO Accountability

Patently O

In its decision below, the Federal Circuit held that the USPTO is exempt from these requirements because the types of rules it is authorized to issue under Section 2(b)(2) are procedural in nature, and the APA excuses “rules of agency … procedure” from the requirements. 106-113, 113 Stat. 1501 (1999).