Patently O

APRIL 1, 2022

Government employees are not available to accept private clients or to represent clients other than their agency before the United States Patent and Trademark Office.” ” This quote comes from the USPTO mandatory survey of registered practitioners and is only loosely based upon the most on-point statute and regulations.

Government 70

Government Statute Attorney Administrative Law 70

SCOTUSBlog

APRIL 22, 2024

Share Union organizing efforts at Starbucks probably are the most protracted labor dispute of the decade, and on Tuesday the Supreme Court will hear argument in a closely watched case arising from the company’s firing of seven employees at a Memphis branch. The NLRB responded by filing an administrative complaint.

Court 119

Court Government Legal Legal 119

SCOTUSBlog

JUNE 24, 2021

Share The Relist Watch column examines cert petitions that the Supreme Court has “relisted” for its upcoming conference. The last scheduled conference of the Supreme Court’s term — which this term is being held Thursday — is usually one that yields many grants. citizen for a benefit under state law.

Administrative Law 70

Administrative Law Immigration Laws Government 70

SCOTUSBlog

APRIL 2, 2022

Share This week we highlight cert petitions (and one original action ) that ask the Supreme Court to consider, among other things, whether New Jersey can withdraw from its Waterfront Commission Compact with New York concerning governance and law enforcement over the Port of New York and New Jersey. In New York v. New Jersey.

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Government Statute Cause of Action Litigation 92

SCOTUSBlog

JUNE 6, 2022

Fitzgerald , unanimously agreeing on Monday that a statute that imposes higher fees on bankruptcy filers in 48 states than in the other two states is so far from “uniform” that it transgresses the Constitution’s requirement that Congress provide “uniform Laws on the subject of Bankruptcies throughout the United States.”.

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Court Statute Administrative Law Laws 104

SCOTUSBlog

APRIL 22, 2021

Share The Supreme Court on Thursday ruled against the federal government and in favor of people seeking Social Security benefits on a procedural issue about administrative “exhaustion” requirements. The court ruled 9-0 that claimants need not raise all of their specific issues before the agency.

Administrative Law 106

Administrative Law Statute Government Court Rules 106

SCOTUSBlog

NOVEMBER 7, 2022

Talevski , to be argued Tuesday, returns the court to the question of when federal law is subject to private enforcement. The court will consider whether to overrule a line of precedent and to hold that private individuals cannot use 42 U.S.C. The district court dismissed the action, but the U.S. a municipal entity.

Stare Decisis 88

Stare Decisis Statute Court Contract 88

Constitutional Law Reporter

NOVEMBER 20, 2023

Supreme Court has now granted certiorari in two cases challenging the continued viability of its long-standing decision in Chevron v. The two cases, which will be heard sometime in January, both ask the Court to overrule or at least curtail so-called “Chevron deference.” Supreme Court’s decision in Chevron U.S.A.

Statute 52

Statute Construction Contract Court 52

SCOTUSBlog

NOVEMBER 29, 2021

Becerra , a sleeper of a case involving billions of dollars in federal spending and a chance to reshape two doctrines at the heart of administrative law. Drugs, money, and the law: Sounds sexy, right? A drug’s “average price” is fixed elsewhere in the Medicare statute, typically at 106% of the drug’s sale price.

Statute 132

Statute Administrative Law Court Government 132

SCOTUSBlog

APRIL 23, 2021

Share The Supreme Court on Thursday firmly rejected the government’s request that the court impose an “issue-exhaustion” requirement on Social Security claimants. Saul ), all parties agreed that those claimants must take their claims first to the Social Security Administration – and these claimants did that.

Administrative Law 110

Administrative Law Statute Litigation Litigating 110

SCOTUSBlog

NOVEMBER 8, 2022

The two cases involve substantively identical statutes that govern challenges to final orders issued by the FTC and the SEC. In each case, the statutes provide that the sole method for challenging those orders is a petition for review in the court of appeals. Those are the two statutes we have.

Statute 143

Statute Government Court Litigation 143

SCOTUSBlog

MAY 11, 2022

Share The Relist Watch column examines cert petitions that the Supreme Court has “relisted” for its upcoming conference. This week they’re replaced by three new relists, all involving government petitions in one way or another. Our first relist this week is the government’s petition in Securities and Exchange Commission v.

Stare Decisis 79

Stare Decisis Administrative Law Statute Government 79

ClimateChange-ClimateLaw

JANUARY 22, 2024

But a Middle District of Pennsylvania court recently established one key limit on states’ authority to block new transmission lines through the siting process. District Court for the Middle District of Pennsylvania issued a decision on December 6, 2023 in Transource Pa. District Court for the Middle District of Pennsylvania.

Court 76

Court Construction Laws Government 76

SCOTUSBlog

APRIL 18, 2022

The relevant statute , regulating disability benefits, provides that “the United States will pay [compensation] to any veteran” who is “disabled” as a result of (1) “personal injury suffered or disease contracted in line of duty,” or (2) “aggravation of a preexisting injury suffered or disease contracted in line of duty.” military veterans.

Statute 107

Statute Stare Decisis Government Contract 107

SCOTUSBlog

JANUARY 6, 2023

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. As part of the ongoing litigation, the Guard claims that it has no authority under federal law to remedy this violation).

Statute 85

Statute Government Administrative Assistant Laws 85

Constitutional Law Reporter

FEBRUARY 8, 2024

Supreme Court heard oral arguments in four cases this week. The two most closely watched involve whether the Court should overrule its landmark decision in Chevron v. The Court’s Chevron decision established a bedrock principle of administrative law. The cases before the Court, Relentless, Inc. 837 (1984).

Statute 52

Statute Cause of Action Entertainment Court 52

SCOTUSBlog

JANUARY 14, 2023

Share The nation’s immigration courts are breaking under the cumulative weight of a byzantine statutory scheme, chronic understaffing, and insurmountable case backlogs. Garland , which the Supreme Court will hear on Tuesday. Against this rather bleak backdrop comes the low-profile case of Santos-Zacaria v.

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Immigration Court Government Statute 77

SCOTUSBlog

NOVEMBER 4, 2022

Cochran present a frontal assault on the traditional framework under which federal courts have entertained complaints about federal agencies. The first case involves Axon Enterprise, an Arizona company that makes police body cameras and other technology products for law enforcement. The general federal jurisdiction statute ( 28 U.S.C.

Statute 111

Statute Court Entertainment Administrative Law 111

SCOTUSBlog

OCTOBER 7, 2022

Share The Petitions of the Week column highlights a selection of cert petitions recently filed in the Supreme Court. Last term, the court dismissed as improvidently granted, or “DIG”ed , a case brought by Republican-controlled states challenging the government’s repeal of a Trump-era immigration policy known as the “public charge” rule.

Immigration 86

Immigration Litigation Litigating Administrative Law 86

SCOTUSBlog

NOVEMBER 30, 2023

Jarkesy was oddly distant from the decision of the lower court and the briefs and arguments of the parties. Court of Appeals for the 5th Circuit – vigorously defended by George Jarkesy, the target of long-running SEC proceedings – accepted three separate constitutional challenges to the SEC’s apparatus. The decision of the U.S.

Administrative Law 131

Administrative Law Litigation Litigating Laws 131

SCOTUSBlog

NOVEMBER 29, 2022

Share The Supreme Court heard oral argument on Tuesday in a challenge to a Biden administration policy that prioritizes certain groups of unauthorized immigrants for arrest and deportation. Texas and Louisiana went to federal court in Texas to challenge the policy. William Hennessy).

Immigration 107

Immigration Government Court Administrative Law 107

Patently O

JULY 10, 2022

205: [Federal employees may not] act as agent or attorney for anyone before any department, agency, court, court martial, officer, or civil, military, or naval commission in connection with any covered matter in which the United States is a party or has a direct and substantial interest.”. The key rule: 18 U.S.C. § EPA , 202 F.3d

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Laws Statute Attorney Court 90

SCOTUSBlog

MARCH 30, 2023

Share The Relist Watch column examines cert petitions that the Supreme Court has “relisted” for its upcoming conference. The likeliest grant out of last week’s relists got the nod: The Supreme Court will decide in Acheson Hotels, LLC v. The court denied review to five-time relist Donziger v. Court of Appeals for the D.C.

Statute 110

Statute Court Administrative Law Government 110

SCOTUSBlog

MAY 18, 2023

Share The Relist Watch column examines cert petitions that the Supreme Court has “relisted” for its upcoming conference. There was a lot of action among the relisted cases at last week’s Supreme Court conference. The court granted review in six-time relisted case Carnahan v. The court denied review in three-time relist St.

Administrative Law 76

Administrative Law Court Depositions Contract 76

SCOTUSBlog

NOVEMBER 29, 2021

The Chevron doctrine, a pillar of administrative law, also looms large in the case. Natural Resources Defense Council , determines when a federal court must defer to an agency’s interpretation of a statute it administers. However, if the statutory language is ambiguous, the court turns to step two.

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Statute Construction Court Administrative Law 97

Constitutional Law Reporter

DECEMBER 14, 2022

The Supreme Court heard oral arguments in five cases last week. Two of the cases involve whether litigants must wait for administrative proceedings to conclude before challenging the authority of federal agencies in federal court. Below is a brief summary of the cases before the Court: Securities and Exchange Commission v.

Administrative Law 52

Administrative Law Constitutional Law Statute Court 52

ClimateChange-ClimateLaw

NOVEMBER 12, 2023

Colombia ’s Legal Climate Framework Colombia’s climate change laws are extensive and align with its open commitment to fight climate change and its devastating effects. Among the main legal statutes are: Law 164 of 1994 on the UNFCCC. Law 629 of 2000 on the Kyoto Protocol. Law 1523 of 2012 on risk management.

Legal 76

Legal Legal Laws Government 76

Day on Torts

SEPTEMBER 22, 2021

Plaintiff was therefore required to first present his claims to the pension board pursuant to the City’s Code of Ordinance, and thereafter was required to follow the judicial review provision laid out in the Uniform Administrative Procedures Act, Tenn. 4-5-322, which grants exclusive jurisdiction of such reviews to the Chancery Court.

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Tort Contract Court Administrative Law 59

Patently O

FEBRUARY 21, 2024

The court held that the domicile address rule was clearly procedural in nature rather than substantive, and thus was exempted from APA notice and comment strictures. The key passage from the court reads: [T]he new rule requires additional information about applicants, i.e., their domicile address. ” 5 U.S.C. §

Administrative Law 44

Administrative Law Legal Legal Court 44

SCOTUSBlog

JUNE 29, 2023

Share The Relist Watch column examines cert petitions that the Supreme Court has “relisted” for its upcoming conference. The Supreme Court announced that it would hold its “mop up” conference for October Term 2022 on Thursday, after completing the day’s opinion announcements. A short explanation of relists is available here.

Immigration 79

Immigration Court Government Laws 79

SCOTUSBlog

JANUARY 20, 2022

Share The Relist Watch column examines cert petitions that the Supreme Court has “relisted” for its upcoming conference. At this Friday’s conference, the Supreme Court will thus begin the process of considering what cases to review next fall during October Term 2022. The district court and U.S. What’s the difference ?

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Patently O

DECEMBER 18, 2023

A decision favoring the petitioner would also be seen as bolstering the Administrative Procedure Act’s notice and comment requirements. The best place to begin any analysis is probably with the statute. The key trademark statute followed by the USPTO is the 1946 Lanham Act. ” 15 U.S.C. 1051(a)(2). Boundy Brief.

Statute 44

Statute Attorney Small Business Administrative Law 44

Customs & International Trade Law

MAY 13, 2022

On May 10, 2022, the Federal Maritime Commission ( Commission ) published that they are seeking public comment on proposed modifications to its rules governing Carrier Automated Tariffs through this notice of proposed rulemaking (NPRM). 10,899,728 (“the ‘728 patent”). 10,129,590 (“the ‘590 Patent”); and U.S.

Laws 97

Laws Manufacturing Administrative Law Government 97

Customs & International Trade Law

OCTOBER 28, 2022

District Court for the Western District of Texas, Claudia Delgadillo (‘‘Delgadillo’’) was convicted of violating 18 U.S.C. 7) of the presiding administrative law judge (‘‘ALJ’’), finding respondent Top Golf Equipment Co. United States Department of Commerce (DOC). DOC announced on October 9, 2019, in the U.S.

Manufacturing 52

Manufacturing Government Laws Administrative Law 52

ClimateChange-ClimateLaw

AUGUST 8, 2023

Supreme Court weakened this kind of argument considerably on May 11, 2023, in its decision in National Pork Producers Council v. Ross, which upheld a California law that banned the in-state sale of pork from pigs that are “confined in a cruel manner.” [47] 46] The U.S. 2] See, e.g., Jacqueline M. Vallette and Kathryne M.

Laws 98

Laws Law School Government Legal 98

Patently O

DECEMBER 26, 2023

With no action from the White House, Apple now faces a federal government order to halt imports and sales of Apple Watch Series 9 and Ultra 2 devices because it incorporates light-based pulse oximetry technology covered by the claims of Masimo’s U.S. Historically courts regularly issued injunctions to protect the patent monopoly.

Administrative Law 117

Administrative Law Government Statute Technology 117

ClimateChange-ClimateLaw

DECEMBER 11, 2023

When the SEC initially proposed the rule, the Supreme Court had not yet embraced the Major Questions Doctrine (MQD), a new doctrine that constrains the function of the administrative state. In the Supreme Court’s recent decision Biden v. While the decision has been appealed , a federal district court in Utah v.

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