On June 28, 2024, the Supreme Court issued its eagerly anticipated rulings in Loper Bright Enterprises v. Raimondo and Relentless, Inc. v. Department of Commerce and explicitly overruled the doctrine of “Chevron deference,”...more
7/1/2024
/ Administrative Procedure Act ,
Chevron Deference ,
Chevron v NRDC ,
Government Agencies ,
Judicial Authority ,
Loper Bright Enterprises v Raimondo ,
Regulatory Authority ,
Relentless Inc v US Department of Commerce ,
SCOTUS ,
Stare Decisis ,
Statutory Interpretation
At the tail end of the NCAA tournament, this year’s biggest sports upset may come from an unlikely source—the Supreme Court. In Wednesday’s oral arguments in NCAA v. Alston, Justices from both sides of the ideological aisle...more
Much has been speculated about Trump's Supreme Court nominee Brett Kavanaugh's opinions on hot button issues, such as abortion and whether he considers Roe v. Wade to be "settled law."
What constitutes precedent and when...more
On May 14, the United States Supreme Court struck down a federal law that effectively prohibited states from legalizing sports betting. The Court’s decision breaks Nevada’s monopoly on sports betting and will empower state...more
5/17/2018
/ Anti-Commandeering ,
Appeals ,
Constitutional Challenges ,
Murphy v National Collegiate Athletic Association ,
NCAA ,
PASPA ,
Reversal ,
SCOTUS ,
Sports Gambling ,
State Sovereignty ,
States Rights ,
Tenth Amendment
Let me stipulate that trying to evaluate a Supreme Court nominee based on a 30-year old law review article is a bad idea. That said, some of the issues that Obama nominee Merrick Garland wrote about in the mid-1980s are...more
Last month the Supreme Court declined to accept an appeal for two related antitrust cases involving an international price-fixing cartel. The cases come from different circuits, one was criminal and the other civil, but they...more
8/11/2015
/ Antitrust Litigation ,
Antitrust Provisions ,
Cartels ,
Criminal Prosecution ,
Department of Justice (DOJ) ,
Extraterritoriality Rules ,
Foreign Subsidiaries ,
FTAIA ,
Motorola ,
Petition for Writ of Certiorari ,
Price-Fixing ,
SCOTUS
On Friday, July 31, 2015, in Danville, Virginia -- the last capital of the Confederate States of America -- U.S District Court Judge Jackson Kiser presided over a court hearing about whether the Commonwealth of Virginia...more
In a 6-3 decision, the Supreme Court ruled that state professional boards comprised of active market participants are not immune from antitrust laws even though the boards are formally designated as a state agency, unless the...more
The Supreme Court's ruling in Pom Wonderful LLC v. Coca-Cola Co. may open the door to more false advertising claims regarding food and beverage labeling....more
On March 25, 2014, the Supreme Court issued a unanimous opinion, authored by Justice Scalia, in Lexmark International, Inc. v. Static Control Components, Inc. In a previous post, I discussed my involvement in this case at...more