News & Analysis as of

Article III Administrative Procedure Act

Ballard Spahr LLP

‘Very, Very Fuzzy’: Opinion Overruling Chevron Creates Uncertainty for Regulated Industries

Ballard Spahr LLP on

Our recent webinar featured a conversation with noted legal scholars Craig Green, Charles Klein Professor of Law and Government at Temple University Beasley School of Law, and Kent Barnett, recently appointed Dean of the...more

Shipman & Goodwin LLP

The U.S. Supreme Court Halted Judicial Deference to Federal Agencies’ Statutory Interpretations. What Comes Next?

Shipman & Goodwin LLP on

In June 2024, in Loper Bright Enterprises v. Raimondo, the U.S. Supreme Court sunk what remained of Chevron deference. Under that doctrine, tracing back to the 1984 decision Chevron U.S.A., Inc. v. Natural Resources Defense...more

Benesch

Will Jarkesy Be a Fatal Blow to Civil Enforcement in Administrative Agency Proceedings?

Benesch on

The end of the Supreme Court’s recent term saw two major decisions in the field of administrative law: Loper Bright Enterprises v. Raimondo and Securities & Exchange Commission v. Jarkesy. The Loper Bright decision, which...more

Balch & Bingham LLP

In Case You Missed It: Will The U.S. Supreme Court’s Jarkesy Decision Be A Game Changer For Administrative Law?

Balch & Bingham LLP on

In “Case” You Missed It is a new column by Balch & Bingham attorney Tripp DeMoss that briefly summarizes a recently issued decision by higher courts like the U.S. Supreme Court and Alabama Supreme Court in cases of interest...more

Stevens & Lee

Challenging the FTC’s Constitutionality in the Aftermath of Jarkesy

Stevens & Lee on

The Supreme Court on June 27 issued its opinion in Securities and Exchange Commission v. Jarkesy in which it held that when the SEC seeks civil penalties against a defendant for securities fraud, the Seventh Amendment...more

Cozen O'Connor

How the End of Chevron Deference Could Impact Government Contractors

Cozen O'Connor on

On June 28, 2024, the Supreme Court of the United States (SCOTUS) issued its decision in Loper Bright Enterprises v. Raimondo, which put an end to Chevron Deference. Chevron Deference was a doctrine that required courts to...more

Morrison & Foerster LLP

Chevron Overruled and SEC Enforcement Cabined: Any Impact at the ITC?

For nearly 40 years, when a court found that a statute was ambiguous, it deferred to the reasonable interpretation of the federal agency administering the statute. This principle—known as Chevron deference, after the 1984...more

Snell & Wilmer

Meet the New Boss, Same as the Old Boss? The End of Chevron Deference and Its Impact on Employee Benefits

Snell & Wilmer on

On June 28, 2024, the Supreme Court published a landmark ruling that overturned decades of judicial deference to government agencies under the so-called Chevron doctrine. This decision fundamentally alters the landscape of...more

Littler

Supreme Court’s 2024 Term Could Transform Labor and Employment Law

Littler on

At the end of its 2024 term, the U.S. Supreme Court handed down four decisions limiting the power of federal agencies. While none of those decisions involved a labor and employment agency, all of them could transform labor...more

McGlinchey Stafford

This is the End … of Chevron Deference. What Does It Mean and What Comes Next?

McGlinchey Stafford on

On June 28, 2024, in a maximalist decision that went further than even the most ardent opponents of Chevron deference thought possible, the Supreme Court finally and emphatically overruled Chevron deference, the watershed...more

Husch Blackwell LLP

Landmark Supreme Court Decisions Restrain Federal Administrative Agency Power

Husch Blackwell LLP on

“Landmark” perhaps gets applied too often to court decisions these days, but the Supreme Court of the United States this week decided a pair of cases—Loper Bright Enterprises v. Raimondo and Securities and Exchange Commission...more

Pierce Atwood LLP

Chevron Is Dead. Does It Still Live in Maine?

Pierce Atwood LLP on

In a landmark decision, the Supreme Court today overruled Chevron v. Natural Resources Defense Council, which held that courts should defer to an agency’s reasonable interpretation of an ambiguous statute. In Loper Bright...more

Goldberg Segalla

Chevron with the Wind? In What Might be a SCOTUS Preview, Federal Courts Chip Away at Expansive Regulatory Interpretations

Goldberg Segalla on

Regulations — and executive agencies’ interpretation of those regulations — can make or break companies, and even entire industries.  For decades now, the judiciary’s approach to administrative review, found in the landmark...more

Ballard Spahr LLP

Minnesota federal court dismisses lawsuit against FDIC over NSF fee guidance

Ballard Spahr LLP on

On April 8, 2024, a Minnesota federal district court dismissed without prejudice the complaint filed by the Minnesota Bankers Association and Lake Central Bank (Plaintiffs) against the Federal Deposit Insurance Corporation...more

Ballard Spahr LLP

SCOTUS holds oral argument in two cases challenging Chevron deference

Ballard Spahr LLP on

On January 17, 2024, the U.S. Supreme Court heard oral argument in the two cases in which the question presented is whether the Court should overrule its 1984 decision in Chevron, U.S.A., Inc. v. Nat. Res. Def. Council, Inc. ...more

Ballard Spahr LLP

SCOTUS to hear oral argument on January 17 in cases challenging Chevron deference

Ballard Spahr LLP on

The U.S. Supreme Court has scheduled oral argument for January 17, 2024 in the two cases in which the question presented is whether the Court should overrule its 1984 decision in Chevron, U.S.A., Inc. v. Nat. Res. Def....more

Troutman Pepper

Mountain Valley Pipeline To Resume Construction After Supreme Court Vacates Fourth Circuit’s Order Halting Construction

Troutman Pepper on

On July 27, 2023, the U.S. Supreme Court vacated the U.S. Court of Appeals for the Fourth Circuit’s decision to grant the Wilderness Society’s motions to stay of construction on the Mountain Valley Pipeline (“MVP”) pending...more

Ballard Spahr LLP

CFPB files opposition to preliminary injunction motion in lawsuit challenging Section 1071 final rule

Ballard Spahr LLP on

The CFPB has filed its opposition to the motion seeking a preliminary injunction filed by the plaintiffs in the lawsuit challenging the validity of the CFPB’s final rule implementing Section 1071 of the Dodd-Frank Act (Rule)....more

Sterne, Kessler, Goldstein & Fox P.L.L.C.

Federal Circuit Appeals from the PTAB and ITC: Summaries of Key 2022 Decisions

As part of the recovery from the global COVID-19 pandemic, the U.S. Court of Appeals for the Federal Circuit took steps to return to normal operations. It began requiring live oral arguments in August 2022 and, by November,...more

Holland & Knight LLP

Healthcare Law Update: October 2019

Holland & Knight LLP on

In recent years, the healthcare industry has been turning greater attention to the need to engage or involve patients in developing new technologies and systems to improve healthcare delivery. These patient engagement...more

McDermott Will & Emery

AIA Survives Constitutional Challenge to Applicability to Pre-AIA Filings

McDermott Will & Emery on

The US Court of Appeals for the Federal Circuit affirmed a Patent Trial and Appeal Board (PTAB) decision finding that the America Invents Act (AIA) is constitutionally sound as applied to patents issuing on applications filed...more

Seyfarth Shaw LLP

Fifth Circuit Rules That The EEOC Can’t Mess With Texas Over Criminal Background Checks

Seyfarth Shaw LLP on

Seyfarth Synopsis: In the latest battle of the multi-year showdown between the State of Texas and the EEOC – whereby Texas asserted that the EEOC’s 2012 “Enforcement Guidance on the Consideration of Arrest and Conviction...more

Schwabe, Williamson & Wyatt PC

Latest Federal Court Cases - July 2019 #3

PATENT CASE OF THE WEEK - General Electric Co. v. United Techs. Corp., Appeal No. 2017-2497 (Fed. Cir. July 10, 2019) - The Case of the Week focuses on standing to bring an appeal of an adverse decision by the PTAB in...more

Wilson Sonsini Goodrich & Rosati

After Three-Year Wait, Court Allows First Amendment Challenge to Copyright Law to Proceed

On July 21, 2016, WSGR partnered with the Electronic Frontier Foundation (EFF), a leading digital rights nonprofit, to file a lawsuit pro bono challenging the constitutionality of the anti-circumvention provisions of the...more

Schwabe, Williamson & Wyatt PC

Fresh From the Bench: Latest Federal Circuit Court Cases

PATENT CASE OF THE WEEK - WesternGeco LLC v. Ion Geophysical Corp., Appeal Nos. 2016-2099, -2100, -2101, -2332, -2333, -2334 (Fed. Cir. May 7, 2018) - In an appeal from an inter partes review, the Federal Circuit...more

36 Results
 / 
View per page
Page: of 2

"My best business intelligence, in one easy email…"

Your first step to building a free, personalized, morning email brief covering pertinent authors and topics on JD Supra:
*By using the service, you signify your acceptance of JD Supra's Privacy Policy.
- hide
- hide