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Judicial Deference

Pierce Atwood LLP

The Limits of Deference to Agency Interpretations under Maine Law

Pierce Atwood LLP on

Earlier this month, the Maine Law Court issued its decision in Cassidy Holdings, LLC v. Aroostook County Commissioners, holding that, in a municipality without a board of assessment review, a taxpayer whose nonresidential...more

Ballard Spahr LLP

ABA releases recording of program on Supreme Court revisiting of Chevron judicial deference framework

Ballard Spahr LLP on

Last month, I moderated a live and virtual program at the American Bar Association Business Law Section 2023 Fall Meeting in Chicago. The program was entitled: “U.S. Supreme Court to Revisit Chevron Deference: What the...more

McGlinchey Stafford

Podcast: Demystifying Agency Rulemaking, Ep.1: Navigating the Administrative Procedures Act to Safeguard Against Overreaching...

McGlinchey Stafford on

In the first episode of our two-part series, “Demystifying Agency Rulemaking,” McGlinchey attorneys Michael Blumenthal, Douglas Charnas, and David Waxman will delve into the history and evolution of the Administrative...more

Hahn Loeser & Parks LLP

Ohio Supreme Court Rejects Mandatory Deference to Agencies

Agency interpretations of statutes no longer receive judicial deference in Ohio. That is the landmark holding of the Ohio Supreme Court’s recent decision in TWISM Enterprises, L.L.C. v. State Bd. of Registration for...more

Mintz

What are Courts supposed to do when the Executive Branch says it is incapable of doing its job?

Mintz on

This week the Massachusetts Attorney General joined the Department of Justice in asking the First Circuit Court of Appeals to overturn what has been the law in the First Circuit for thirty years -- one can't bring a citizen...more

Mintz

Judicial deference is alive and well in the Commonwealth of Massachusetts

Mintz on

For most of my legal career people have been predicting an end to the doctrine of judicial deference that has, since the early 1980s, been the law in Federal Courts, and in Massachusetts. That brings me to the Supreme...more

McDermott Will & Emery

Eighth Circuit Holds the Mayo in Tax Regulation Invalidity Case

McDermott Will & Emery on

In the latest tax regulation deference case, the Eighth Circuit provided guidance to taxpayers and tax practitioners on the “analytical path” to resolve the question of whether a tax regulation is a valid interpretation of...more

Mintz - Arbitration, Mediation, ADR...

Lessons From Above: SCOTUS Declines to Review a Class Arbitrability Case (the Issue Had Been Delegated to an Arbitrator)

In its restraint, SCOTUS has shown us the mischief that arbitrators may do if parties are lax in setting boundaries in their agreement to arbitrate. By declining to grant certiorari regarding the Second Circuit’s most recent...more

Skadden, Arps, Slate, Meagher & Flom LLP

Competition Appeal Tribunal Sets Deferential Standard for CMA Merger Control Review

A recent decision by the Competition Appeal Tribunal (CAT), Tobii AB (publ) v. Competition and Markets Authority, confirms a deferential standard for the U.K. Competition and Markets Authority (CMA) in its merger...more

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

Federal Circuit Appeals From The PTAB: Summaries of Key 2019 Decisions: Kisor v. Wilkie, 588 U.S. __, 139 S. Ct. 2400 (2019)

James Kisor, a Korean War Veteran, asked the Supreme Court to overrule a longstanding presumption that courts defer to an executive agency’s reasonable interpretation of its own regulation, a principle known as Auer...more

McDermott Will & Emery

[Event] Tax in the City® A Women's Roundtable - December 5th, Chicago, IL

McDermott Will & Emery on

We invite you to join us for our annual “Year in Review” Tax in the City® Chicago. We will discuss current tax issues including: • Judicial deference and potential impact on TCJA audits • Taxation of the digitalized...more

Skadden, Arps, Slate, Meagher & Flom LLP

Another Mutual Fund Adviser Prevails at Trial in Excessive Fee Case

On July 31, 2019, Judge George H. Wu of the U.S. District Court for the Central District of California released tentative findings of fact and conclusions of law dismissing an excessive fee claim brought under Section 36(b)...more

McDermott Will & Emery

An Uneven Playing Field: Judicial Deference to State Tax Administrator Interpretations

McDermott Will & Emery on

Judicial deference to state tax agencies puts taxpayers at a steep disadvantage and wastes time and resources on costly tax disputes. A united advocacy effort can help promote passage of state-level legislation that takes the...more

Farrell Fritz, P.C.

Court Upholds East Hampton Town ZBA Determination Denying Application for a Natural Resources Special Permit

Farrell Fritz, P.C. on

In the Matter of Strandkorb, LLC v. Zoning Board of Appeals of the Town of East Hampton, dated February 11, 2019, the Supreme Court, Suffolk County, upheld the Town of East Hampton Zoning Board of Appeals determination which...more

WilmerHale

Disputes Over the Government’s Qui Tam Dismissal Authority Explode Around the Country

WilmerHale on

Since the beginning of the Trump administration, and particularly in the last six months, the U.S. Department of Justice has been exercising its authority to dismiss qui tam False Claims Act cases with increasing frequency....more

Womble Bond Dickinson

TCPA Injuries Never Heal?: Eleventh Circuit Court of Appeal Hears Oral Argument on Whether a Single Text Message Causes Injury for...

Womble Bond Dickinson on

As we have frequently discussed, Article III standing is a recurring issue here at TCPALand. This week another TCPA matter was heard in the Eleventh Circuit Court of Appeal where the court is attempting to decide whether...more

Butler Snow LLP

Foreign Law in Domestic Lawsuits: Whose Interpretation Takes Precedence?

Butler Snow LLP on

In the products arena, it is not every day that foreign law becomes relevant to a domestic lawsuit. When it does, however, it can create confusion and uncertainty amongst the litigants and the court. Although Federal Rule of...more

Skadden, Arps, Slate, Meagher & Flom LLP

Latin America Dispute Resolution Update – The Latest Developments in Cross-Border Disputes Involving the US and Latin America

US Courts Will Decide Whether to Enforce US$2 Billion Award Against Petróleos de Venezuela - In April 2018, an International Chamber of Commerce (ICC) tribunal awarded US$2.04 billion in damages to two subsidiaries of U.S....more

Kelley Drye & Warren LLP

Courts Must Only Offer “Respectful Consideration” to Foreign Governments’ Statements Interpreting Their Laws in Antitrust Cases

On June 14, 2018, in Animal Science Products, Inc. v. Hebei Welcome Pharmaceutical Co., the Supreme Court held that Courts are not obliged to accept statements from a foreign government agency on the meaning and effects of...more

Schwabe, Williamson & Wyatt PC

Latest Federal Circuit Court Cases - July 2018

IMPAX LABS. INC. v. LANNETT HOLDINGS INC. - In an appeal taken from the Delaware district court, the Federal Circuit extended deference to the district court’s decision to uphold validity of two patents despite a specific,...more

Latham & Watkins LLP

SCOTUS: US Courts Not Bound by Foreign Government’s Statement of Its Laws

Latham & Watkins LLP on

The Supreme Court has ruled US federal courts should carefully consider a foreign government’s interpretation of its own domestic laws, but are not required to give it conclusive effect. Key Points - ..The Supreme...more

King & Spalding

U.S. Supreme Court Clarifies Rules Governing Proof of Foreign Law

King & Spalding on

International dispute practitioners are well aware of the challenges that arise when the substance of foreign law is disputed in U.S. courts. Most practitioners are aware that the question is governed by Rule 44.1 of the...more

Jones Day

The Cost of Doing Business: Supreme Court Vacates Chinese Defendants' Antitrust Win

Jones Day on

The Situation: In Animal Science Products, Inc. v. Hebei Welcome Pharmaceutical Co., the defendants in an anticompetition matter—who were China-based manufacturers of vitamin C—claimed that Chinese law required them to...more

Perkins Coie

In Re Vitamin C: Supreme Court Rules Foreign Government’s Statement of Law Not Binding on Federal Courts

Perkins Coie on

In a 9-0 opinion delivered by Justice Ruth Ginsburg, the United States Supreme Court last week ruled that the federal courts are not “bound to accord conclusive effect” to a foreign government’s statement of its own law under...more

Dechert LLP

Supreme Court Rejects Absolute Deference to Foreign Government’s Interpretation of Own Laws

Dechert LLP on

In Animal Science Products v. Hebei Welcome Pharmaceutical Co., the Supreme Court of the United States held that foreign governments are not entitled to absolute deference on the construction of their own laws. The Court’s...more

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