LettersBlogatory

DECEMBER 8, 2022

It comes out of a corner of the legal world that was utterly unknown to me a year ago. The Defense Base Act is a federal statute that gives a worker’s compensation-like benefit to employees of US government and military contractors injured at work overseas. If so, is the administrative law judge a judicial authority?

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SCOTUSBlog

NOVEMBER 7, 2022

Talevski , to be argued Tuesday, returns the court to the question of when federal law is subject to private enforcement. 1983 — which allows private suits for state and local deprivations of rights secured by federal law—to enforce federal statutes enacted under Congress’ spending clause power.

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Customs & International Trade Law

MAY 13, 2022

Here is a recap of the latest customs and international trade law news: FDA. The complaint, as supplemented, further alleges that an industry in the United States exists as required by the applicable Federal Statute. On May 9, 2022, the FDA issued a Constituent Update stating that Glanbia Performance Nutrition (Manufacturing), Inc.

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SCOTUSBlog

MAY 11, 2022

Both cases present the question whether statutes that authorize appellate courts to review final agency adjudications implicitly strip district courts of jurisdiction over constitutional challenges to those proceedings. The next two relists raise a related question: whether a habeas corpus statute, 28 U.S.C. Federal Trade Commission.

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Patently O

OCTOBER 18, 2023

Stark reversed the TTAB’s cancellation order, finding the statute only permits cancellation for fraudulent acts taken while obtaining the registration , not for establishing incontestability. The dispute here involves two adjacent provisions of the Federal Trademark statute known as the Lanham Act of 1946 (as amended).

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JURIST

NOVEMBER 7, 2022

In Monday’s oral argument, Paul Clement, on behalf of Axon, stated that the company is “challenging the constitutionality of statutes that insulate agency officials” and violate due process rights by “denying access to courts.”

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Patently O

FEBRUARY 21, 2024

Chestek centered around amendments made to trademark regulations in 2019 requiring that applicants provide their domicile address, defined as their permanent legal residence or principal place of business — mailing address is insufficient. Under the statute, an agency must publish notice of proposed rules prior to them becoming law.

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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). 37 C.F.R. §

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Customs & International Trade Law

OCTOBER 28, 2022

Here is a recap of the latest customs and international trade law news: Customs and Border Protection (CBP). currency reporting laws. . 7) of the presiding administrative law judge (‘‘ALJ’’), finding respondent Top Golf Equipment Co. United States Department of State (DOS). Limited (‘‘Top Golf’’) in default.

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SCOTUSBlog

JANUARY 14, 2023

The noncitizens appearing before them face a host of daunting challenges — language barriers, financial strain, lack of legal assistance, and years-long delays — before they can entertain any hope of resolving their immigration status. Against this rather bleak backdrop comes the low-profile case of Santos-Zacaria v.

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Broadcast Law Blog

JULY 17, 2018

The FCC had a large staff of Administrative Law Judges who heard these cases, and they were usually quite busy. The process by which the ALJ conducts the hearing is set out in the statute and by FCC rules. Usually, the FCC will have its own attorneys playing a part in the case, conducting discovery (e.g.

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Constitutional Law Reporter

NOVEMBER 20, 2023

837 (1984), courts must defer to a federal agency’s reasonable interpretation of an ambiguous statute that the agency is charged with administering, even if they are inclined to rule another way. The Court’s decision in Chevron is one of the most frequently cited administrative law decisions. In Loper Bright Enterprises v.

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ClimateChange-ClimateLaw

AUGUST 8, 2023

The law would mesh with corporate climate disclosure regulations elsewhere, particularly in Europe, and would therefore represent a significant step toward assuring the accuracy, trustworthiness, and transparency of corporate climate performance reporting. 4] The new corporate climate disclosure bills may well continue that tradition.

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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. That doctrine, first applied in 1984 in Chevron U.S.A. The Chevron analysis involves two steps.

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SCOTUSBlog

NOVEMBER 30, 2021

Share On Monday, the Supreme Court heard oral argument on a Medicare case that will have significant financial consequences for safety-net hospitals and could have implications for the Chevron doctrine , a core principle of administrative law. At its core, the case, Becerra v.

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SCOTUSBlog

JUNE 29, 2023

Legal Services Alabama, Inc. , 22-510 Issue : Whether, when officers put a handcuffed and shackled person face-down on the floor and pushed into his back until he died, they are they entitled to qualified immunity as a matter of law because the person struggled to breathe before dying. That last case, United States v. Louis, Mo. ,

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FDA Law Blog

DECEMBER 3, 2023

Below, we provide a high-level summary of the Final Guidance, focusing on the legal and regulatory updates from the May 2023 draft guidance. We do not address the technical and administrative details of the Discount Program here. The manufacturer will have 60 days to appeal the CMP before an administrative law judge (ALJ).

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SCOTUSBlog

MAY 20, 2022

Cochran , the justices will decide whether federal district courts have the power to consider claims challenging the constitutionality of the commission’s administrative law proceedings. In Securities and Exchange Commission v. The case is sufficiently similar to Axon Enterprise, Inc. Breckon , pending the outcome in Jones.

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SCOTUSBlog

FEBRUARY 10, 2022

Orthwein distinguished professor of law at Washington University in St. He is coauthor of a casebook on administrative law and has written many articles on that subject. There has never been any mystery about the jurisprudential premises of Justice Stephen Breyer’s approach to issues of public law. Similarly, in Lucia v.

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SCOTUSBlog

MAY 18, 2023

The court’s grant suggests the court may be poised to narrow the scope of standing for members of Congress to sue to enforce statutes. FDIC , involving separation of powers and administrative law claims. The court also noted probable jurisdiction for a one-time relist of a mandatory appeal in a redistricting case, Alexander v.

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Patently O

DECEMBER 26, 2023

In early 2023, an ITC administrative law judge (ALJ) issued its initial determination that Apple was in violation of Section 337 of the 1930 Tariff Act by importing/selling the watches using. Under the statute, the exclusion order then goes to the US President who has power to veto the the exclusion order. 3d 1559 (Fed.

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SCOTUSBlog

JANUARY 16, 2024

Share The Supreme Court will hear oral argument on Wednesday in a case involving the deference that courts should give to federal agencies’ interpretations of the laws that they administer. From health care to finance to environmental pollutants, administrative agencies use highly trained experts to interpret and carry out federal laws.

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ClimateChange-ClimateLaw

DECEMBER 11, 2023

Ultimately, the SEC will have to anticipate these types of legal challenges in finalizing a durable rule. 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. Other legal challenges have also arisen.

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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. District Judge Drew Tipton agreed with the states that the policy violates federal law and vacated it nationwide.

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SCOTUSBlog

JANUARY 7, 2022

Texas presents the latest stage in the Biden administration’s attempt to unwind the Trump administration’s “remain in Mexico” 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.

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ClimateChange-ClimateLaw

MARCH 13, 2023

In its legislative findings, which remain in air quality statutes today , Congress justified air pollution regulation because “the growth of the amount and complexity of air pollution brought about by urbanization, industrial development, and the increasing use of motor vehicles, has resulted in mounting dangers to the public health and welfare.”

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ClimateChange-ClimateLaw

JULY 2, 2021

Each month, Arnold & Porter and the Sabin Center for Climate Change Law collect and summarize developments in climate-related litigation, which we also add to our 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.

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ClimateChange-ClimateLaw

OCTOBER 19, 2023

The Scramble to Identify Major Questions in Administrative Law In its June 2022 decision in West Virginia v. Following the West Virginia decision, analysis of the MQD has proliferated as legal scholars grapple with the doctrine’s lack of definition. However, it objected to the EPA’s interpretation of its authorizing statute.

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