Patently O

FEBRUARY 28, 2021

Supreme Court 2021). 2, administrative patent judges of the U.S. Whether, if administrative patent judges are principal officers, the court of appeals properly cured any Appointments Clause defect in the current statutory scheme prospectively by severing the application of 5 U.S.C. by Dennis Crouch. United States v.

Administrative Law 62

Administrative Law Constitutional Law Court Statute 62

Customs & International Trade Law

MAY 13, 2022

The complaint, as supplemented, further alleges that an industry in the United States exists as required by the applicable Federal Statute. The complaint further alleges that an industry in the United States exists as required by the applicable Federal Statute. 10,899,728 (“the ‘728 patent”). 10,244,284 (“the ‘284 Patent”).

Laws 97

Laws Manufacturing Administrative Law Government 97

Day on Torts

SEPTEMBER 22, 2021

15, 2021), plaintiff was a former firefighter who had initially been denied Line of Duty (LOD) disability benefits by the defendant City’s Pension Board. After plaintiff appealed the decision, an Administrative Law Judge determined that plaintiff was in fact entitled to benefits from defendant. . § City of Memphis , No.

Tort 59

Tort Contract Court Administrative Law 59

Constitutional Law Reporter

MAY 30, 2023

In such actions where the Commission elects to institute administrative proceedings to address statutory violations, it typically delegates the initial adjudication to an Administrative Law Judge (ALJ) with authority to resolve motions, hold a hearing, and then issue a decision. Citing Carr v. Saul , 593 U.S.

Court 52

Court Constitutional Law Entertainment Administrative Law 52

SCOTUSBlog

JANUARY 20, 2022

In 1981, Congress passed a statute requiring that reimbursement rates paid to organizations for managing state Medicaid plans must be “actuarially sound.” The case has already been rescheduled three times, clearly indicating it’s on at least one of the justices’ radar. Next up is Texas v. rescheduled before the Nov. 10 and Jan.

Court 99

Court Statute Education Administrative Law 99

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.

Court 77

Court Construction Laws Government 77

Customs & International Trade Law

OCTOBER 28, 2022

DOC is rescinding the administrative review of the countervailing duty (CVD) order on certain non-refillable steel cylinders (non-refillable cylinders) from the People’s Republic China (China), covering the period August 28, 2020, though December 31, 2021. . Limited (‘‘Top Golf’’) in default. United States Census Bureau (USCB).

Manufacturing 52

Manufacturing Government Laws Administrative Law 52

FDA Law Blog

DECEMBER 3, 2023

Each phase-in program requires the manufacturer to have had a Coverage Gap Discount Program agreement in effect in 2021, and only covers applicable drugs that have been in the market as of August 16, 2022 (i.e., of the total expenditures for all Part D drugs in 2021. had Part D expenditures on or before August 16, 2022).

Manufacturing 105

Manufacturing Calendaring Statute Administrative Law 105

ClimateChange-ClimateLaw

AUGUST 8, 2023

On April 21, 2021, the European Commission adopted the Corporate Sustainability Reporting Directive, which substantially expands the climate information that must be reported by covered companies. 51] That doctrine only applies to federal regulations, however, not to state statutes, so it does not pose a danger to the two California bills.

Laws 98

Laws Law School Government Legal 98

SCOTUSBlog

NOVEMBER 29, 2022

The policy at the center of the case is set forth in a September 2021 memorandum by Secretary of Homeland Security Alejandro Mayorkas. When Prelogar countered that the lower courts had misinterpreted the statute, Roberts let out a surprised “wow.”. Either way, he said, the government will enforce federal immigration laws differently.

Immigration 106

Immigration Government Court Administrative Law 106

ClimateChange-ClimateLaw

JULY 2, 2021

June 15, 2021). June 16, 2021). On June 14, 2021, the U.S. The cities also have filed a motion to amend their complaints to withdraw federal common law public nuisance claims that they added after the district court denied remand. June 14, 2021). June 28, 2021). Louisiana v. Biden , No. 2:21-cv-00778 (W.D.

Court 45

Court Statute Litigation Litigating 45

SCOTUSBlog

JANUARY 7, 2022

In June 2021, Secretary Alejandro Mayorkas of the Department of Homeland Security issued a decision terminating the policy. After Texas and Missouri challenged that decision, a federal district court vacated the secretary’s termination, in part on the administrative-law ground that the decision was insufficiently explained.

Laws 125

Laws Immigration Court Administrative Law 125

ClimateChange-ClimateLaw

MARCH 13, 2023

These emissions standards were significantly loosened in the last year of the Trump Administration. In 2021 the Biden Administration reversed the Trump-era rollbacks and instituted the strictest-ever vehicle GHG emissions standards in a move aimed at preventing 3.1 billion tons of carbon dioxide emissions by 2050. EPA , 142 S.

Manufacturing 55

Manufacturing Government Court Administrative Law 55

SCOTUSBlog

OCTOBER 7, 2022

Two months into the Biden administration, the government took an unusual step. In his concurrence in Arizona , the chief justice noted his worry “whether the Government’s actions, all told, comport with the principles of administrative law.” A group of conservative states asked to intervene in those lawsuits to defend the rule.

Immigration 83

Immigration Litigation Litigating Administrative Law 83

ClimateChange-ClimateLaw

OCTOBER 19, 2023

The Scramble to Identify Major Questions in Administrative Law In its June 2022 decision in West Virginia v. The challenge of meeting changing conditions in administrative law is known as the pacing problem: scientific and technological developments will nearly always outstrip the pace of government oversight. Env’t Prot.

Statute 81

Statute Court Government Administrative Law 81