Administrative Law, Civil Procedure

Supreme Court Upholds FCC Authority to Address Wireless Siting

by T. Scott Thompson | Davis Wright Tremaine LLP on 5/21/2013

The Supreme Court today issued its decision in City of Arlington v. FCC—the case challenging the FCC’s 2009 “Shot Clock” declaratory ruling. The Supreme Court affirmed the Fifth Circuit, holding that Chevron deference applies...more

U.S. Supreme Court Allows FCC to Determine its Own Authority - Decision Upholds FCC Time Restrictions on Local Government...

by Matthew K. Schettenhelm | Best Best & Krieger LLP on 5/21/2013

The United States Supreme Court issued its decision in City of Arlington v. FCC, ruling that if an agency has general rulemaking or adjudicative power under a statute, courts must defer to all of the agency’s reasonable...more

Understanding The Social Security Disability Appeals Process

by Stipe, Harper, Laizure, Uselton, Belote,... on 5/13/2013

Our firm is focused on relieving the hardship experienced by our clients either through experienced representation in personal injury matters or by helping you apply for needed workers’ compensation or Social Security...more

Filing Indiana Med Mal Complaint via Third-Party Carrier Does Not Toll Statute of Limitations

by Pavlack Law, LLC on 5/9/2013

In this installment we discuss the recent Indiana Court of Appeals decision Moryl v. Ransone, which addresses the impact on the statute of limitations of filing a medical malpractice claim with the Indiana Department of...more

Surprise, Surprise, Surprise: An Agency Cannot Revise Regulations In a Consent Decree

by Seth Jaffe | Foley Hoag LLP - Environmental Law on 4/30/2013

In a decision that should not have come as a surprise to anyone, the 9th Circuit Court of Appeals ruled on Thursday, in Conservation Northwest v. Sherman, that the Bureau of Land Management and other agencies implementing the...more

Do We Really Have A Section 404 Permit?

by Scott Broadwell | Davis Wright Tremaine LLP on 4/25/2013

The United States Court of Appeals for the District of Columbia Circuit issued an opinion on April 23 in Mingo Logan Coal Co. v. United States Environmental Protection Agency upholding the Environmental Protection Agency’s...more

Supreme Court Willing to Reconsider Deference to Administrative Agencies

by Stephen Miller, Jeffrey Monhait | Cozen O'Connor on 4/24/2013

Most of the federal government's authority is exercised, on a day-to-day basis, through its administrative agencies. Central to the efficiency of those agencies — such as it is — is the judiciary's substantial deference to...more

New FTC Commissioner Prioritizes Transparency in Enforcement

by Jarod Bona on 4/23/2013

New Federal Trade Commission Commissioner Joshua D. Wright explained at a recent ABA Antitrust Meeting that his top priorities were to develop a more transparent and evidence-based approach to FTC Section 5 enforcement and to...more

ITC Section 337 Update - April 15, 2013

by King & Spalding on 4/19/2013

Commission Notice In 874 Investigation Directing Early Determination Whether NPE Complainant Satisfied Domestic Industry Requirement – On March 22, 2013, the Commission issued a Notice instituting Certain Products...more

Court Grants Unexpected Victory to Providers on Medicare DSH Adjustment

by Thomas W. Coons, Mark A. Stanley | Ober|Kaler on 4/18/2013

The United States District Court for the Eastern District of Pennsylvania’s opinion in Nazareth Hosp. v. Sebelius, slip op. no. 10-3513 furnished a surprising victory to two providers that challenged the calculation of the...more

Compounding Animal Drugs from Bulk Ingredients

by Duane Morris LLP on 4/17/2013

Recent public discussion about the federal role in regulating compounding pharmacies has focused on compounded drugs for human use. Compounded drugs are also vital to companion animal health (like pets). In the world of...more

Recent Changes Impact Appeal of Medicare Denials and Reimbursement Strategies

by Womble Carlyle Sandridge & Rice, PLLC on 4/17/2013

Recovery Audit Contractors (“RACs”) and other Centers for Medicare and Medicaid Services (CMS) contractors are charged with identifying overpayments made by Medicare to healthcare providers. However, with the increase in RAC...more

Federal Court Denies Joint Motion For Consent Decree Regarding The Marbled Murrelet

by Ashley Remillard | Nossaman LLP on 4/15/2013

In American Forest Resources Council v. Ashe, 1:12-cv-00111 (D.D.C. Mar. 30, 2013), the United States District Court for the District of Columbia denied a joint motion for a consent decree regarding the critical habitat...more

ARB Says Equitable Modification of SOX Statute of Limitations Saves Untimely Complaint

by Allana Grinshteyn, Harris M. Mufson, Steven J. Pearlman | Proskauer - Whistleblowing & Retaliation on 4/12/2013

On March 29, 2013, the Department of Labor’s Administrative Review Board (“ARB”) ruled that a “standstill” agreement between an employer and employee that required both parties to provide notice before initiating legal...more

The ERISA Litigation Newsletter - April 2013

by Stacey Cerrone, Amy Covert, Russell Hirschhorn, Robert Rachal, Myron Rumeld, Howard Shapiro | Proskauer Rose LLP on 4/12/2013

Editor's Overview - The importance of clear and unambiguous plan language cannot be overstated. The Second Circuit recently applied this well-established principle to conclude that a plan's administrative claims process must...more

Judge Invalidates California Regulation on Estimating Replacement Costs for Homeowners Insurance

by Larry Golub, Samuel Sorich | Barger & Wolen on 4/4/2013

On March 25, 2013, Los Angeles Superior Court Judge Gregory Alarcon issued a decision which found the California Department of Insurance’s regulation on estimating replacement costs for homeowners insurance to be invalid. The...more

Justices Question Agency Deference Doctrine

by BuckleySandler LLP on 3/29/2013

On March 20, an environmental case before the Supreme Court spurred two opinions from three Justices that question the continuing vitality of the agency deference doctrine known as Auer deference. Decker v. Nw. Envtl. Defense...more

Temporary Teacher May Seek Damages For School District's Failure To Provide Her "First Priority" When Filling A Subsequent Vacancy

by Diana Halpenny, Marie Nakamura, Meghan Covert Russell | Kronick, Moskovitz, Tiedemann & Girard on 3/29/2013

In Henderson v. Newport-Mesa Unified School District (--- Cal.Rptr.3d ----, Cal.App. 4 Dist., March 13, 2013), a California court of appeal considered whether a temporary teacher employed for more than two years by a school...more

PERB Ruling Affirms Teacher on 39-Month Reemployment List Remains an Employee of the District and Able to File Grievance

by Meghan Covert Russell | Kronick, Moskovitz, Tiedemann & Girard on 3/28/2013

In Nelson v. Jurupa Unified School District (PERB Decision 2309E, March 8, 2013), the Public Employment Relations Board ("PERB") considered whether a school district committed an unfair labor practice by rejecting a...more

U.S. District Court Holds U.S. Fish And Wildlife Service's Decision To Delay Revisions To Critical Habitat Is Not Judicially...

by Erik Beck | Nossaman LLP on 3/28/2013

The U.S. Fish and Wildlife Service (Service) prevailed on March 19th in a suit brought by the Sierra Club challenging a decision by the Service to delay revision of the critical habitat designation for the leatherback sea...more

Allen Matkins Leck Gamble Mallory & Natsis...

Home

Legal News

Find a Lawyer

Browse Subjects

Subscribe

Pro Services

For Reporters

Administrative Law › Civil Procedure