The United States Supreme Court has effectively vanquished the Chevron doctrine, which has governed the power of federal agencies to interpret federal statutes for the last 40 years. In recent years, the Chevron doctrine has...more
7/1/2024
/ Administrative Procedure Act ,
Chevron Deference ,
Chevron v NRDC ,
Constitutional Challenges ,
Government Agencies ,
Judicial Authority ,
Loper Bright Enterprises v Raimondo ,
National Marine Fisheries Service ,
Regulatory Authority ,
Relentless Inc v US Department of Commerce ,
SCOTUS ,
Stare Decisis ,
Statutory Interpretation ,
Unconstitutional Condition
The Federal Arbitration Act (FAA) requires federal courts to enforce agreements to arbitrate that impact interstate commerce. The FAA and its body of case law are binding on state courts and many states have adopted similar...more
6/19/2024
/ Arbitration ,
Arbitration Agreements ,
Arbitration Awards ,
Federal Arbitration Act ,
Legal History ,
Mattel ,
Motion To Stay ,
SCOTUS ,
Smith v Spizzirri ,
Stays ,
Subject Matter Jurisdiction
Federal law prohibits employers from relying on certain protected statuses (race, color, religion, sex, or national origin) when making employment decisions. Lower courts have required employees suing employers to point to a...more
4/23/2024
/ Adverse Employment Action ,
Civil Rights Act ,
Employee Transfers ,
Employer Liability Issues ,
Employment Discrimination ,
Employment Litigation ,
Lateral Transfers ,
Muldrow v City of St Louis ,
SCOTUS ,
Sex Discrimination ,
Title VII
When has a party waived its contractual right to arbitrate? Until recently, most federal Courts of Appeal—including the Sixth Circuit— held that a party who participates in litigation (e.g., by serving and responding to...more
In a rare published decision, the Michigan Court of Appeals enforced a provision in an auto lease that allowed either party to demand arbitration, even though the dealer had assigned the lease to a finance company and no...more
On December 5, 2023, the U.S. Court of Appeals for the Sixth Circuit ruled that emeritus status does not necessarily create a constitutionally protected property interest. Peterson v Johnson, _F.4th_, 2023 WL 8431635 (for...more
12/7/2023
/ Bylaws ,
Corporate Governance ,
Due Process ,
Educational Institutions ,
Employment Litigation ,
Grievance Process ,
Policies and Procedures ,
Professors ,
School Policies ,
Teachers ,
Universities
On November 6, 2023, the U.S. Court of Appeals for the Sixth Circuit rejected a challenge to a 1970 amendment to the Michigan Constitution that prohibits payment of “public monies” to private schools.
Believing that the...more
Many "blanket" supply agreements in the automotive and other industries provide that the buyer will specify the quantity to be delivered only by issuing periodic "releases." On July 11, the Michigan Supreme Court held for the...more
On May 1, 2023, the U.S. Supreme Court agreed to decide the continued validity of the so-called Chevron doctrine. Almost 40 years ago, in Chevron v. Natural Resources Defense Council, the Supreme Court had established this...more
Consistent with federal courts’ recent pattern of limiting the reach of administrative agencies, the Supreme Court held on April 14, 2023, that a challenge to the constitutional authority of an administrative law judge...more
The Sixth Circuit recently held that even where a supplier has a right to terminate a contract without cause, the supplier still must give the buyer reasonable notice of termination.
In Stackpole International...more
Three courts - the Supreme Court, the Sixth Circuit, and the Tax Court - recently rejected administrative guidance in tax cases because the guidance was either wrong as applied, unnecessary, or inapplicable.
The...more
Key Takeaways -
..In three decisions released late last month, the U.S. Supreme Court demonstrated increased skepticism of judicial deference to administrative agencies' statutory interpretations.
..While the...more
7/21/2022
/ Administrative Authority ,
Administrative Interpretation ,
American Hospital Association et al v Becerra Secretary Of Health And Human Services et al ,
Becerra Secretary Of Health And Human Services v Empire Health Foundation For Valley Hospital Medical Center ,
Chevron Deference ,
Chevron v NRDC ,
Environmental Protection Agency (EPA) ,
Medicare ,
Physician Medicare Reimbursements ,
SCOTUS ,
West Virginia v EPA
In Morgan v. Sundance, Inc., decided May 23, a unanimous Supreme Court addressed the standard for determining whether a party has waived its right to arbitrate a controversy by first engaging in litigation. Overruling...more
5/27/2022
/ Arbitration ,
Arbitration Agreements ,
Burden of Proof ,
Collective Actions ,
Delay Claims ,
Employer Liability Issues ,
Employment Litigation ,
Federal Arbitration Act ,
Morgan v Sundance ,
Motion to Compel ,
Prejudice ,
SCOTUS
In a little-noticed recent decision, a nearly-unanimous U.S. Supreme Court significantly narrowed the jurisdiction of the federal courts to confirm, vacate or modify arbitration awards under the Federal Arbitration Act (FAA)....more
Businesses routinely raise their prices in response to changing economic conditions and competition. Now might be a particularly dangerous time to raise prices without careful consideration of the legal consequences of...more
For the first time, the Department of Justice (“DOJ”) and the Federal Trade Commission (“FTC”) have updated the Antitrust Guidelines for the Licensing of Intellectual Property (“IP Licensing Guidelines”). First issued in...more
Several Hollywood companies have agreed to pay $170 million to settle a class-action lawsuit by animators who claimed their wages were depressed by unlawful anti-poaching agreements. The recent settlements highlight that now...more
3/10/2017
/ Antitrust Violations ,
Class Action ,
Consent Agreements ,
Department of Justice (DOJ) ,
Disney ,
DreamWorks ,
Employer Liability Issues ,
Entertainment Industry ,
Federal Trade Commission (FTC) ,
No-Poaching ,
Popular ,
Sony ,
Twentieth Century Fox ,
Wage-Fixing
It is now a lot easier to enforce commercial noncompete agreements in Michigan.
In its recent decision in Innovation Ventures v. Liquid Manufacturing, a unanimous Michigan Supreme Court holds that commercial noncompete...more
The United States Department of Justice (DOJ) Antitrust Division offers immunity from prosecution to applicants who are the first to self-report antitrust violations. That immunity carries with it limited protection from...more
In DIRECTV, Inc. v. Imburgia et al., the Supreme Court bolstered the preemptive power of the Federal Arbitration Act (“FAA”), once again overturning a state court’s holding that an arbitration agreement was unenforceable due...more
The Federal Arbitration Act (“FAA”) does not permit courts to invalidate a contractual waiver of class arbitration where the costs of pursuing an individual federal statutory claim in arbitration would exceed the potential...more
The Department of Justice's Antitrust Division warns that its wide-ranging probe into price fixing in the automotive industry is broader than previously announced.
On February 15, 2013, Scott Hammond, Deputy Assistant...more