News & Analysis as of

Administrative Appeals

WTO Panel Decision: EU – Poultry Meat (China)

by White & Case LLP on

Decision: A WTO Panel has issued a mixed ruling in a challenge by China to the EU's modification of its tariff schedule for goods. Significance of Decision: This important decision provides new clarity on the...more

Appellate Group News: 2016 Year In Review

by Murtha Cullina on

The Appellate Practice Group of Murtha Cullina is regularly trusted to handle appeals by trial counsel within and outside the firm, as well as individuals and institutional clients. We are grateful for these opportunities and...more

Halo looms over new decision that adds to ERISA risks for claims administrators

by Thompson Coburn LLP on

The latest decision to rely on the influential Halo v. Yale Health Plan decision from the 2nd Circuit adds to a worrisome pattern of courts applying the strictest possible review to lawsuits brought by aggrieved plan...more

Judicial interpretation governing administrative trademark appeals effective on March 1

by DLA Piper on

On January 10, 2017, the Supreme People's Court of China (the SPC) promulgated a judicial interpretation concerning trademarks, entitled the SPC Provisions on Certain Issues Related to Trials of Administrative Cases Involving...more

In an IPR, the Burden of Persuasion in an Obviousness Challenge Never Shifts to Patentee

by Jones Day on

On March 3, 2017, in a final written decision in IPR2015-01838, the PTAB rejected an obviousness challenge brought by DuPont against a patent owned by Furanix Technologies B. V. directed to methods for preparing the known...more

Labor Department Boosts Disability Claimant Protections

by Fisher Phillips on

The U.S. Department of Labor (USDOL) recently issued a final rule addressing disability benefit claims and appeals (see 81 FR 92316). The rule adds new procedural protections and safeguards meant to ensure disability...more

New York Regulations on Wage Payment Methods Declared Invalid

As we previously reported, on September 7, 2016, the New York State Department of Labor (“NYSDOL”) published final regulations on the methods by which employees must be paid, including with respect to direct deposit of wages...more

PTAB Puts Method Of Treatment Patents Under The 101 Knife

by Foley & Lardner LLP on

While the Supreme Court decisions in Myriad and Mayo have been applied to diagnostic-type claims, method of treatment patents were thought to be safe from the recent judicial expansion of the patent-(in)eligibility doctrine....more

WTO Appellate Body Report: Russia – Pigs (EU)

by White & Case LLP on

Decision: The WTO Appellate Body has affirmed that the Russian Federation violated its WTO obligations by imposing an EU-wide ban on live pigs and pork products, in breach of the WTO Agreement on the Application of...more

New York Industrial Board of Appeals Rescinds Payroll Debit Card and Direct Deposit Regulations

by Seyfarth Shaw LLP on

Seyfarth Synopsis: Regulations that would have restricted New York employers’ ability to pay employees via payroll debit cards have been struck down by an administrative review tribunal within the State Department of Labor....more

New York State Regulations Governing Payroll Debit Cards (Scheduled to Become Effective March 7) Held Invalid and Revoked

by Jackson Lewis P.C. on

The NYSDOL issued final regulations in September 2016, significantly restricting the use of payroll debit cards and imposing disclosure and consent requirements for direct deposit. The regulations were to become effective on...more

New York Pay Card Regulations Revoked, March 7, 2017 Implementation Halted

by Messner Reeves LLP on

New regulations governing the use of payroll debit cards (also known as “pay cards”) in New York will not go into effect as planned on March 7, 2017. Yesterday, the New York Industrial Board of Appeals granted the petition of...more

HHS Publishes Final Rule Overhauling the Medicare Appeals Process

by Baker Ober Health Law on

The Department of Health and Human Services (HHS) published its final rule revamping the Medicare appeals process at the Administrative Law Judge (ALJ) level on January 17, 2017. The final rule extensively revises federal...more

New Standard May Make It Easier For Foreign Nationals To Get National Interest Waiver

The U.S. Citizenship and Immigration Services Administrative Appeals Office has issued a precedent decision in Matter of Dhanasar that sets new and broader standards for assessing eligibility for permanent resident status...more

On Remand from Supreme Court, Hawkes Wins Challenge to Army Corps’ Wetland Determination

by Davis Wright Tremaine LLP on

As described on this site last year, the Supreme Court first affirmed the right to challenge wetlands jurisdictional determinations by the Army Corps of Engineers. On remand, plaintiff Hawkes Company, a peat mining company...more

The Parole "Merry-Go-Round" - The Prejudicial Procedural Delay in Parole Appeals

"Merry-Go-Round" Delay by Remand to the Full Board from a Successful Appeal and Reversal of a Board Panel Denial of Parole - In Acoli v. New Jersey State Parole Board, 224 N.J. 213 (2016) the New Jersey Supreme Court...more

AAO National Interest Waiver Decision May Open Doors for a Broader Group of Professionals and Entrepreneurs Seeking Green Cards

On December 27, 2016, the Administrative Appeals Office (AAO) —the appellate body for U.S. Citizenship and Immigration Services (USCIS)—announced a new standard for National Interest Waiver visa petitions in a precedent...more

USCIS Overhauls Eligibility Standard for National Interest Waivers

In a recent precedent decision issued through its Administrative Appeals Office (AAO), U.S. Citizenship and Immigration Services (USCIS) has created a new and flexible analytical framework for determining whether a foreign...more

Appellate Division Rules That Paid Blogger Was Not An “Employee” Entitled To Unemployment Benefits, Signaling Trend Toward More...

One of the recurring themes in workplace law in 2016 was the continued crackdown on independent contractor misclassification. Both federal and state agencies, as well as the plaintiffs’ bar, invested significant resources to...more

Freedom of Information Law (FOIL) bill signed by Gov. Cuomo

by Dentons on

A bill expediting New York's Freedom of Information Law (FOIL) appeals process was signed into law by Governor Andrew M. Cuomo on November 28, 2016. The legislation (A9711/S6865) will require state agencies to appeal adverse...more

Court Orders HHS to Fix the Medicare Appeals Backlog by the End of 2020

by Reed Smith on

Medicare providers with pending cases at the administrative law judge (“ALJ”) level received positive news last week as a federal judge for the United States District Court for the District of Columbia (the “Court”) granted...more

"Privacy & Cybersecurity Update - November 2016"

In this month's Privacy & Cybersecurity Update, we review an 11th Circuit case involving the longstanding battle between the FTC and medical company LabMD, recent NIST guidelines for securing devices connected to the...more

Does the NLRA Protect Racist Insults by Picketing Workers?

by Bass, Berry & Sims PLC on

A case currently under consideration in the Eighth Circuit Court of Appeals deserves watching. The case will determine whether the National Labor Relations Act (NLRA) protects a picketing employee’s right to hurl racist...more

LabMD Scores Early Win in FTC Appeal

The fight between the Federal Trade Commission and LabMD, the defunct medical testing lab, entered a new chapter late yesterday. In a 13-page ruling, the U.S. Court of Appeals for the Eleventh Circuit said that LabMD’s...more

Appeal of Final Refusal Maintaining that Human Jewelry is “Closely Related” to Pet Accessories

Wal-Mart Stores, Inc. asked the Trademark Trial and Appeal Board (TTAB) to reconsider its rejection of an application for the mark GEORGE in connection with watches, clocks, jewelry, and imitation jewelry in Class 14 (U.S....more

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