Agency Deference

News & Analysis as of

#AliceStorm: July is Hot, Hot, Hot…and Versata is Not, Not, Not

Part I: #AliceStorm and Versata - July invokes images of hot days, cool nights, and fireworks. When it comes to #Alicestorm, the fireworks are happening in the courts, with the Federal Circuit lighting up the sky....more

It's Unanimous! EEOC Conciliation Is Subject To Judicial Review

The Supreme Court last week rejected the EEOC’s longstanding position that pre-suit conciliation efforts are shielded from judicial review of any kind. Holding that “a court may review whether the EEOC satisfied its statutory...more

Federal Circuit Review | April 2015

No Recovery Of Lost Profits From Related Companies’ Activities - In WARSAW ORTHOPEDIC, INC. v. NUVASIVE, INC., Appeal Nos. 2013-1576, -1577, the Federal Circuit held that a company was not entitled to lost profits based...more

Justices Scalia and Thomas Amenable to Reexamining Deference to SEC Statutory Interpretations

Like Prince Charming searching for the foot that fit the glass slipper, Justice Scalia recently issued a statement advising that he and Justice Thomas would be receptive to granting certiorari to a petition properly...more

Intellectual Property Alert: En Banc Federal Circuit to Revisit Cybor No-Deference Rule

September 16, 2013 – The Federal Circuit heard arguments on Friday in Lighting Ballast Control LLC v. Philips Electronics North America. In March, the court granted a petition for rehearing en banc to reconsider its 1998...more

You’ve Got Another Thing Coming If You Read That “City of Arlington” Expands Agency Deference

Both the Department of Labor and the National Labor Relations Board — in separate cases – just cited a recent Supreme Court decision as their trump card. See “High Court Ruling Hurts Case Against Poster Rule, NLRB Says,”...more

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