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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). Respondent Reginald Kirtz secured a loan from a division of the United States Department of Agriculture and later sued the agency for money damages under the FCRA.

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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. The Federal Circuit also affirmed the judgment. In Arellano v.

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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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SCOTUS Rules FOIA Exception Applies to Environmental Opinion

Constitutional Law Reporter

Sierra Club, 592 U. S. _ (2021) , the U.S. Supreme Court held that the deliberative process privilege provides protection from disclosure under the Freedom of Information Act (FOIA) to in-house draft biological opinions that are both predecisional and deliberative, even if the drafts reflect the agencies’ last views about a proposal.

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Divided Court Rules U.S. Railroad Retirement Board Decision Subject to Judicial Review

Constitutional Law Reporter

United States Railroad Retirement Board , 592 U. S. _ (2021), a divided U.S. Supreme Court held that a refusal by the U.S. The decision represents the first 5-to-4 split in a case argued during the Court’s 2020-21 term. The system is administered by the U. Legal Background. Railroad Retirement Board (Board).

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En Banc on Indefiniteness

Patently O

The extended delay here suggests to me that the court will still deny this petition, but the denial will be accompanied by explanatory opinions that further extend the doctrine. Split infinitives: Federal Circuit divides on Indefiniteness. by Dennis Crouch. The indefiniteness-focused en banc petition in Nature Simulation Sys.

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Justices craft their own remedy for violation of Constitution’s appointments clause

SCOTUSBlog

The justices then ruled 7-2 that the remedy was one of the court’s own making — that the director of the U.S. The AIA also created a board of APJs — the Patent Trial and Appeal Board — empowered to issue final decisions on the validity of a challenged patent. On appeal, the U.S.

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