Judicial Review

News & Analysis as of

Judicial review suspends LME implementation of warehouse queue rule

Following a judicial review action brought by the Russian aluminium producer, United Company Rusal plc (“Rusal”), the English High Court has decided that the LME’s consultation in relation to the introduction of a rule aiming...more

Parties may not contractually waive judicial review of arbitral awards

Introduction - In a recent award enforcement decision, the US Court of Appeals for the Ninth Circuit ruled that parties cannot contractually eliminate judicial review of arbitral awards under the US Federal Arbitration...more

Are We Headed Towards Decisions That Are Only Kinda Precedential?

It was a busy day Tuesday over at the Law Court with a full slate of oral arguments and the issuance of seven new published decisions and two Mem Decs. One decision in particular, Riffle v. Smith, 2014 ME 21, caught my...more

Governmental response on proposed reforms to judicial review

In response to concerns about the growing number of judicial review cases, and fears that these are slowing down the realisation of important infrastructure projects, the Government has recently consulted on proposals for...more

Hall Street Runs Both Ways: Parties Can Neither Waive Nor Expand Judicial Review of Arbitration Awards, Says Ninth Circuit

Back in 2008, the Supreme Court held in Hall Street Associates, L.L.C. v. Mattel, L.L.C. that parties to an arbitration agreement subject to the Federal Arbitration Act (FAA) cannot agree to empower a federal court with more...more

Relief for harm incurred as a result of protracted judicial review must be sought before General Court

On 26 November 2013, the European Union’s top court, the European Court of Justice, gave a seminal ruling establishing the principle that a claim for damages for losses incurred as a result of excessively long judicial review...more

Mississippi Supreme Court: Tax Assessments Not Subject to Meaningful Judicial Review

On November 21, the Mississippi Supreme Court denied the taxpayer's Motion for Rehearing in Equifax, Inc. and Equifax Credit Information Services, Inc. v. Miss. Dept. of Revenue, letting stand the court's earlier ruling that...more

AAA Adopts Optional Appellate Arbitration Process

The American Arbitration Association (AAA) has released new rules establishing an optional appeals process for parties involved in arbitration. Effective November 1, 2013, the Optional Appellate Arbitration Rules (Rules)...more

According to the EEOC, courts have no business reviewing its efforts to conciliate charges of discrimination

The EEOC is making a concerted effort in courts across the country to shield from judicial review its actions during the pre-suit conciliation phase. The EEOC argues that the judiciary should not review for reasonableness and...more

Giving Teeth To The General Court’s Unlimited Jurisdiction To Review Competition Law Fines: Advocate General Wathelet’s Opinion In...

The level of fines imposed by the European Commission in competition cases has attracted controversy for more than ten years. The often deferential approach of the European courts to hearing appeals has also been criticised,...more

Illinois Supreme Court Extends Mailbox Rule to Judicial Review of Workers' Comp Commission

Last week, in a case which had attracted nationwide interest in the workers' compensation bar, a divided Illinois Supreme Court extended the mailbox rule to the process of initiating judicial review of decisions of the...more

Judicial Review of Arbitration Awards

Arbitration is considered to be quicker and less expensive than litigation. But many hesitate to use arbitration because the statutory grounds for the judicial review of an award are extremely narrow. The Federal...more

Judge Declares He’s Not Potted Plant, Asserts Right to Supervise Deferred Prosecution Agreements

A recent decision by U.S. District Judge John Gleeson in the Eastern District of New York may be the harbinger of new limits on the government’s ability to use a prosecutorial tool of which it has become very fond lately –...more

U.S. Supreme Court Denies Review of Union Trespassing Case in California

Labor unions recently won a victory over employers in California when the U.S. Supreme Court denied review of the California Supreme Court's decision in Ralphs Grocery Co. v. UFCW. The California court had upheld two state...more

Legal Alert: Supreme Court Upholds Arbitrator's Authority to Interpret Agreement to Permit Class Proceedings

“The arbitrator’s construction holds, however good, bad, or ugly.” This was the succinct message delivered on June 10, 2013, by a unanimous U.S. Supreme Court in Oxford Health Plans LLC v. Sutter, No. 12-135, which challenged...more

Oklahoma Supreme Court strikes down tort reform legislation passed in 2009

On June 4, 2013, the Oklahoma Supreme Court struck all statutes that were passed in 2009 as the Comprehensive Lawsuit Reform Act (CLRA), finding the statutes violate the Oklahoma Constitution. The court entered two decisions....more

Konczal: Dodd-Frank Reforms Get Roughed Up in Court [Video]

April 11 (Bloomberg Law) -- Mike Konczal, fellow at the Roosevelt Institute and contributor to Bloomberg View, talks with Bloomberg Law's Lee Pacchia about how the implementation of the financial reform laws in Dodd-Frank...more

New CEQA Bill - Cure Or Band-Aid?

In response to a business community campaign calling for broad CEQA reform, Senate President Pro, California State Senator Tempore Darrell Steinberg, released his highly anticipated CEQA “modernization” bill (SB 731). So...more

Pending Petition for CBM Review Results in Litigation Stay

The stay provisions of America Invents Act § 18(b) related to covered business method patent review1 (“CBM review”) were recently applied in Market-Alerts Pty. Ltd. v. Bloomberg Fin. L.P. et al., C.A. No. 12-780-GMS (D....more

No Judicial Review of Contractor’s Finding of a High Payment Error Rate, a Condition for Extrapolation

Before a Medicare contractor can use extrapolation to determine an overpayment amount, the Medicare statute requires that it must make a finding that there is a sustained or high level of payment error or that documented...more

Arbitrational Trends -- Winter 2013

In This Issue: The International Front: Understanding the Unique Features of International Arbitration; The Domestic Front: The Future of Class Arbitration in the United States; and Arbitral Perspectives: An Interview...more

Federal Court: No Judicial Review Of Privacy Commissioner Decision

In Kniss v. The Privacy Commissioner of Canada, the Federal Court concluded that an investigative decision by the Office of the Privacy Commissioner of Canada (OPC) should not be the subject of judicial review because the...more

Immigration Reform Update: What Do The Senate and Presidential Proposals Mean?

Now that the fiscal cliff has been dealt with, Immigration reform appears to be the next big item on the agenda for the President and Congress. Just this week both the Senate and the President unveiled a framework for...more

Argument Report: Will the Mailbox Rule Be Extended to Workers' Comp Administrative Review?

The mailbox rule applies to filing an appeal from an arbitrator to the Workers Compensation Commission. Norris v. Industrial Commission. And it applies to filing an appeal from the Circuit Court's order on administrative...more

Real World - January 2013

Welcome to the Winter edition of Real World from Dechert’s London Finance and Real Estate Group, keeping you up to date with recent developments in real estate law and practice. In this issue: - An A-Z for 2013 – A...more

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