SCOTUSBlog

APRIL 23, 2021

In this case, for example, the claimants in agency proceedings from 2013 to 2015 did not know that a 2018 decision of the Supreme Court would invalidate the SSA’s process for appointing administrative law judges, and so they did not complain about that process before the agency.

Administrative Law 107

Administrative Law Statute Litigation Litigating 107

Patently O

APRIL 1, 2022

.” This quote comes from the USPTO mandatory survey of registered practitioners and is only loosely based upon the most on-point statute and regulations. Rather, Rule 11.111 limits Federal Employees from acting “contrary to applicable Federal ethics law, including conflict of interest statutes.” 18 U.S.C. §

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Government Statute Attorney Administrative Law 72

SCOTUSBlog

JANUARY 6, 2023

The guard, moreover, questioned the applicability to the technicians of various federal labor statutes, especially the Federal Service Labor-Management Relations Statute , a 1978 law that established collective-bargaining rights for most employees of the federal government.

Statute 82

Statute Government Administrative Assistant Laws 82

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.

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Statute Stare Decisis Government Contract 105

SCOTUSBlog

NOVEMBER 4, 2022

It sued in a federal district court, arguing that the FTC’s proceedings are unconstitutional both because the method of appointing ALJs (administrative law judges) violates the Constitution’s appointments clause and because the combination of investigatory, prosecutorial, and adjudicatory functions offends the due process clause.

Statute 108

Statute Court Entertainment Administrative Law 108

LettersBlogatory

DECEMBER 8, 2022

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. I have been retained by counsel prosecuting these cases to consult and, in some cases, to provide expert declarations for the use of the administrative law judges.

Administrative Law 52

Administrative Law Depositions Government Statute 52

SCOTUSBlog

NOVEMBER 7, 2022

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. Laws” means federal statutes, including spending clause enactments that “unambiguously” create individual rights. Background.

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Stare Decisis Statute Court Contract 89

Constitutional Law Reporter

FEBRUARY 8, 2024

The Court’s Chevron decision established a bedrock principle of administrative law. Under Chevron , 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. Natural Resources Defense Council , 467 U.S.

Statute 52

Statute Cause of Action Entertainment Court 52

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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Stare Decisis Administrative Law Statute Government 79

Gravel2Gavel

NOVEMBER 22, 2021

The courts have issued several new and significant rulings on environmental and administrative law the past few weeks. by Anthony B. COURT OF APPEALS FOR THE DISTRICT OF COLUMBIA CIRCUIT. Truck Trailer Manufacturers Association, Inc. See 81 FR 73478.)

Court 52

Court Manufacturing Administrative Law Statute 52

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).

Statute 64

Statute Attorney Sports Court 64

Gravel2Gavel

MAY 27, 2021

This is a brief account of some of the important environmental and administrative law cases recently decided. The issue the court confronted was a procedural matter: Can the defendant energy companies use the federal removal statutes (see 28 USC Section 1442) to remove a state law climate change lawsuit to federal court?

Statute 45

Statute Court Administrative Law Laws 45

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. Again, what am I missing?

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Statute Government Court Litigation 143

Constitutional Law Reporter

JUNE 4, 2021

Saul, 593 U.S. _ (2021) , that the principles of issue exhaustion do not require Social Security disability claimants to argue at the agency level that the administrative law judges hearing their disability claims were unconstitutionally appointed. Supreme Court unanimously held in Carr v. Facts of the Case. Thereafter, the U.S.

Statute 52

Statute Administrative Law Entertainment Court 52

SCOTUSBlog

APRIL 2, 2022

The compact, agreed to in 1953, formed the Waterfront Commission of New York Harbor and granted it broad regulatory and law-enforcement powers over operations at the port. However, in 2018, New Jersey passed a statute to withdraw from the compact, and on Dec. 27, 2021, it formally notified New York that it intends to withdraw.

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Government Statute Cause of Action Litigation 91

SCOTUSBlog

APRIL 22, 2024

The case here involves administrative proceedings under the National Labor Relations Act. Under the statutory framework, the NLRB files an administrative complaint, which launches an agency proceeding before an administrative law judge, whose decision is subject to review by the NLRB and then, in due course, in the federal courts of appeals.

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Court Government Legal Legal 104

Patently O

JULY 10, 2022

That complaint was then decided against Correll an Administrative Law Judge and issued a 5-year suspension from practice. I would suggest compensation as a distinguishing mark applies for the parallel statute 18 U.S.C. § Drew Hirshfeld in his role as agency head affirmed the ALJ finding. EPA , 202 F.3d 3d 296 (D.C. Pickering v.

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Laws Statute Attorney Court 90

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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Court Cause of Action Statute Legal 118

SCOTUSBlog

JUNE 24, 2021

The government takes the position that the statute forecloses only review of discretionary decisions not to grant relief, not factual findings that are factored into those decisions.) The court also has a pair of new administrative law cases, both captioned American Hospital Association v. Becerra and with consecutive numbers.

Administrative Law 69

Administrative Law Immigration Laws Government 69

SCOTUSBlog

MARCH 30, 2023

The National Marine Fisheries Service construed the governing statute to allow it to require industry to pay the salaries of those monitors. Circuit held that the statute was reasonably read to allow the agency to require industry to pay the cost of federal monitors. A divided panel of the U.S. Court of Appeals for the D.C.

Statute 110

Statute Court Administrative Law Government 110

Constitutional Law Reporter

DECEMBER 14, 2022

1983 ; and (2) whether, assuming spending clause statutes ever give rise to private rights enforceable via Section 1983, the Federal Nursing Home Amendments Act of 1987 ’s transfer and medication rules do so.” Axon Enterprise, Inc. Norfolk Southern Railway Co.:

Administrative Law 52

Administrative Law Constitutional Law Statute Court 52

Patently O

FEBRUARY 21, 2024

Under the statute, an agency must publish notice of proposed rules prior to them becoming law. Even if not determinative, airing criticism, gathering diverse perspectives, and requiring a reasoned response uphold good governance norms and the model of administrative law. ” 5 U.S.C. §

Administrative Law 45

Administrative Law Legal Legal Court 45

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).

Statute 45

Statute Attorney Small Business Administrative Law 45

Patently O

FEBRUARY 28, 2021

The PTO Director is charged by statute with providing policy direction and management supervision to the Office, including the Board. That case is looking at whether administrative law judges deciding cases under the Social Security Act should have been appointed by the President. I also contacted Mark Perry for some commentary.

Administrative Law 63

Administrative Law Constitutional Law Court Statute 63

Day on Torts

SEPTEMBER 22, 2021

After plaintiff appealed the decision, an Administrative Law Judge determined that plaintiff was in fact entitled to benefits from defendant. 27-9-114 and § 45-3-322, which together establish that “[j]udicial review of an administrative agency’s action is within the exclusive jurisdiction of the Chancery Court.”

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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.

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.

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Court Statute Education Administrative Law 100

SCOTUSBlog

NOVEMBER 27, 2023

When it applies, it is because the right in question is a “public” right that would not have required the kind of “[s]ui[t] at common law” to which the Seventh Amendment applies. The third question in the case is whether the Constitution allows Congress to give the SEC’s administrative law judges protection from removal.

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Cause of Action Court Administrative Law Statute 145

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 73

Legal Legal Laws Government 73

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 73

Court Construction Laws Government 73

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.

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Statute Administrative Law Court Government 131

SCOTUSBlog

JANUARY 14, 2023

Moreover, the government notes that the court distinguishes between statutes addressing litigants or claims (which are merely procedural) and those addressing courts or their powers (which are jurisdictional). Without such specificity, the BIA and reviewing courts would be unable to evaluate the noncitizen’s arguments properly.

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Immigration Court Government Statute 77

SCOTUSBlog

JUNE 27, 2022

Empire Health Foundation, the Supreme Court had yet another chance to topple the Chevron doctrine , a stalwart of administrative law under which courts generally defer to federal agencies’ interpretations of ambiguous statutes. Share On Friday, in Becerra v. Justice Elena Kagan wrote for the majority.

Government 100

Government Statute Court Administrative Law 100

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

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.

Statute 52

Statute Construction Contract Court 52

SCOTUSBlog

NOVEMBER 30, 2023

The justices said not a word about the second challenge, and they made only one offhand comment about the third challenge, when Justice Brett Kavanaugh suggested in passing that the administrative law judges’s appointments won’t pass muster with him.

Administrative Law 129

Administrative Law Litigation Litigating Laws 129

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.

Court Reporting 40

Court Reporting Court Reporter Depositions Administrative Law 40