News & Analysis as of

Due Process Administrative Procedure

Tucker Arensberg, P.C.

Closing A School Building Does Not Implicate Due Process or Fiduciary Rights

Save Our Saltsburg Schools v. River Valley School District, No. 1140 C.D. 2021 (Pa.Cmwlth. November 7, 2022) (Commonwealth Court rejects community group’s efforts to invalidate school district’s decision to close a school...more

Miller Canfield

Procedural Actions Following the Supreme Court Remand in Boechler

Miller Canfield on

Key Takeaways: ..In Boechler P.C., v. Commissioner (“Boechler”), the Supreme Court held that the thirty-day period to petition the Tax Court for review of an adverse determination by the IRS Appeals Office in a collection...more

Venable LLP

Federal Trade Commission Goes to the Supreme Court Again, This Time in a Constitutional Challenge

Venable LLP on

If you had asked us last week, we would have predicted that the Supreme Court’s momentous AMG Capital Management, LLC v. FTC decision last year, in which the Court struck down the Federal Trade Commission’s nearly 50-year...more

Sheppard Mullin Richter & Hampton LLP

Insisting on Live, In-person Arbitration Hearings During The Pandemic

Throughout the coronavirus pandemic, parties to an arbitration agreement and arbitrators have grappled with the issue of the right to a live, in-person arbitration hearing. Is there a due process concern that flows from...more

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

PTAB Strategies and Insights - July 2020: Motions to Amend Post Hunting Titan

The Patent Trial and Appeal Board’s (PTAB) obstacles to successful motions to amend have been daunting. As published previously, filing motions to amend have historically been an exercise in futility due to their low chance...more

Holland & Knight LLP

ANI suspende términos en las actuaciones administrativas y contractuales en Colombia por COVID-19

Holland & Knight LLP on

Debido a la situación generada por el COVID-19, la Agencia Nacional de Infraestructura (ANI) de Colombia emitió la Resolución 471 de 2020, que adopta medidas transitorias para garantizar la seguridad de la salud de los...more

Sheppard Mullin Richter & Hampton LLP

Supreme Court Punts On Whether FCC’s Interpretation of the TCPA Binds Federal Courts

At the end of the Supreme Court’s most recent term, the Court released its long-awaited ruling in PDR Network, LLC v. Carlton & Harris Chiropractic, Inc., 139 S. Ct. 2051 (June 20, 2019)—a case that could have carried...more

Amundsen Davis LLC

U.S. Supreme Court Decision Leaves Uncertainty For Navigating TCPA Landmines

Amundsen Davis LLC on

The Telephone Consumer Protection Act (TCPA) prohibits unsolicited calls, text messages and faxes; it’s a federal statute that provides for statutory damages between $500-$1,500 per violation. With the speed and ease (and...more

Baker Donelson

SCOTUS Punts on TCPA Guidance

Baker Donelson on

In its long-awaited ruling addressing whether the Administrative Orders Review Act (Hobbs Act) requires district courts to accept the FCC's legal interpretations of the Telephone Consumer Protection Act (the TCPA), the...more

Hinshaw & Culbertson LLP

U.S. Supreme Court Balks on Judicial Deference to FCC in TCPA Case, While Concurrence Led by Justice Kavanaugh Looks to Swing

TCPA litigators have been closely monitoring the U.S. Supreme Court's docket waiting for a ruling in the PDR Network case. At stake is what kind of judicial deference should be given to the FCC's interpretation of the...more

Manatt, Phelps & Phillips, LLP

Supreme Court Leaves Unanswered Whether District Courts Must Defer to FCC’s Interpretations

On June 20, the U.S. Supreme Court remanded for consideration to the U.S. Court of Appeals, Fourth Circuit two preliminary questions antecedent to the main issue of whether federal district courts must defer to the Federal...more

Ballard Spahr LLP

SCOTUS Punts on Whether FCC's TCPA Interpretations Bind District Courts

Ballard Spahr LLP on

In November 2018, the U.S. Supreme Court had granted certiorari in PDR Network, LLC v. Carlton & Harris Chiropractic, Inc., to decide whether the Hobbs Act required the district court to accept the Federal Communications...more

Kelley Drye & Warren LLP

The Impact of PDR Network LLC v. Carlton & Harris Chiropractic

Are district courts prohibited in every instance from considering challenges to the Federal Communication Commission (“FCC”)’s interpretation of certain provisions in the Telephone Consumer Protection Act – or can district...more

Perkins Coie

Supreme Court Opens New Line of Attack on Federal Agency Interpretations of Federal Law

Perkins Coie on

In a recent decision, the U.S. Supreme Court held that a federal district court was not necessarily bound by the Federal Communications Commission’s prior interpretation of a federal statute over which the agency has...more

Jackson Lewis P.C.

U.S. Supreme Court Leaves Open Issue of Federal Communication Agency Interpretation Of TCPA, For Now

Jackson Lewis P.C. on

Dodging the question of whether the Hobbs Act requires a federal court to accept the 2006 Federal Communication Commission (FCC) Order that provides the legal interpretation for the Telephone Consumer Protection Act (TCPA),...more

Hogan Lovells

U.S. Supreme Court Sidesteps Important TCPA Deference Issues

Hogan Lovells on

On June 20, 2019, the Supreme Court released its long-awaited decision in PDR v. Carlton & Harris Chiropractic.  The Court was expected to provide greater clarity about the extent to which litigants can challenge the Federal...more

Faegre Drinker Biddle & Reath LLP

Supreme Court Decides PDR Network, LLC v. Carlton & Harris Chiropractic, Inc.

On June 20, 2019, the United States Supreme Court decided PDR Network, LLC v. Carlton & Harris Chiropractic, Inc., No. 17-1705, holding that whether the Federal Communications Commission’s (FCC) 2006 order interpreting the...more

Womble Bond Dickinson

BREAKING: Supreme Court Vacates and Remands TCPA Case to Fourth Circuit for Further Analysis

Womble Bond Dickinson on

It is a busy TCPA news day! The United States Supreme Court has released its decision in PDR Networks, LLC v. Carlton & Harris Chiropractic, Inc., a TCPA junk fax class action. The decision is available for download...more

White & Case LLP

Taxpayer First Act and the Independent Office of Appeals

White & Case LLP on

The Taxpayer First Act of 2019 ("TFA")1 has passed both chambers of Congress and will likely soon be signed into law by the President. The bill has a wide range of provisions affecting and modernizing the Internal Revenue...more

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

Federal Circuit Appeals from the PTAB: Summaries of Key 2017 Decisions

In 2016, the US Court of Appeals for the Federal Circuit docketed more appeals from the US Patent and Trademark Office (PTO) than any other venue—a first in its over 30-year history. The post grant proceedings created by the...more

Akin Gump Strauss Hauer & Feld LLP

Lawsuit Claiming Gender Bias in Title IX Investigation Allowed to Go Forward

• A federal court in Ohio has held that published writings of a university Title IX administrator provide sufficient evidence of bias to permit a civil suit by a penalized student to go forward. • Denial of equitable...more

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