Judicial Review

News & Analysis as of

CERCLA Settlements Get a Different Look: the Ninth Circuit May Have Set a New Level of Scrutiny in State of Arizona v. Tucson

The Ninth Circuit has further defined the level of scrutiny required by a court when evaluating settlements under the Comprehensive Environmental Response, Compensation and Liability Act (CERCLA). In State of Arizona v. City...more

Illinois Supreme Court Debates Whether Treasurer Needs Appellate Bond

Although Illinois courts are generally presumed to have subject matter jurisdiction, that rule doesn’t apply when it comes time to review a decision of the Workers’ Compensation Commission. In order to initiate judicial...more

California Supreme Court Poised To Decide Key CEQA Questions: The Court’s Lineup For 2015

The California Supreme Court’s involvement in CEQA cases has been relatively limited since he statute’s enactment in 1970, with the court taking  review of at most one or two appellate court decisions a year.  The last two...more

The Whole Is the Sum of Its Parts: Illinois Supreme Court Upholds Service in Bettis

According to the Election Code, anyone wishing to get judicial review of a decision of an electoral board must “serve a copy of the petition upon the electoral board and other parties to the proceeding . . .”...more

No Need to Mail Process to the Government on a Saturday, Even if the Post Office Is Open

In Wisconsin, a party seeking judicial review of an administrative decision must, within 30 days of service of the agency decision, file a petition for review in the trial court and serve the agency with a copy of the...more

Binding arbitration in managed care contracts - 6 tips to tailor your dispute resolution provisions

The Affordable Care Act is moving millions of previously uninsured patients into commercial managed care health plans. As the healthcare system grapples with complexity of this shift, the size of disputes between healthcare...more

Judicial Review of EEOC Conciliation Efforts

Title VII of the Civil Rights Act of 1964 mandates that “…if the EEOC [Equal Employment Opportunity Commission] finds that there is reasonable cause to believe a charge of discrimination against a private party it “shall...more

Considerations for Employee Benefit Programs That Benefit Employers and Employees

Employers must compete in the marketplace for talented employees at every level—both in recruitment and retention. It is thus in employers’ best interests to provide employee benefit plans that are attractive to employees and...more

Going Private Mergers: More Lenient Standard of Judicial Review Now Available

A recent Delaware Supreme Court decision has changed the rules for post-transaction litigation review for “going-private transactions.” The court described the conditions necessary for such a transaction to be judged by the...more

Supreme Court Will Hear Two Immigration Cases in 2015

The U.S. Supreme Court announced this month which cases it will hear in the coming year. Two of such cases are immigration cases that could have significant implications on immigration law depending on how they are ultimately...more

GB: High Court backs the Government over POC legislation

The High Court has handed down its judgment this morning, backing the Government over the Judicial Review instigated by a collective of Gibraltar-based operators of the proposed POC legislation. The industry had been awaiting...more

Illinois Supreme Court Holds Improper Venue Not a Jurisdictional Defect in Administrative Review

A unanimous Illinois Supreme Court recently decided Slepicka v. The Illinois Department of Public Health. The Court defined proper venue for an action under state law for judicial review of an administrative decision, and...more

Judicial Review Application Preserved in Transfer Pricing Penalty Case

A recent Federal Court of Appeal (FCA) case illustrates how contentious transfer pricing disputes can be – even one a taxpayer believed had been resolved! It also represents a rare situation in which the taxpayer’s...more

Texas Supreme Court Argument Preview (9/14)

On Wednesday, September 17, 2014, the Texas Supreme Court will hear argument in three cases. The arguments will begin at 9:00 am, and you can watch them live. You can also watch the recording later at the same link....more

More on the Reach of Sackett: Corps Jurisdictional Determinations Are Not Final Agency Action

Early last month, we noted that the decision in Luminant v. EPA suggested that the reach of the Supreme Court decision in Sackett is not unlimited. The Court of Appeals for the 5th Circuit agrees. In Belle Company v. Corps of...more

Office of the Commissioner of Insurance of Georgia Proposes New Regulation Governing Protection of Trade Secret Information

The Office of the Commissioner of Insurance of Georgia ("OCI") has proposed a new rule concerning procedures to be followed by persons or entities asserting trade secret protection of information filed with the OCI to comply...more

Ralls v. CFIUS

A U.S. Appellate Court has ruled for the first time that the U.S. government must provide access to at least some of the evidence relied upon by the President and the Committee on Foreign Investment in the United States...more

Alberta Court of Appeal Considers the Duty to Accommodate Probationary Employees

In reasons released on May 6, 2014, the Alberta Court of Appeal dismissed an appeal by the Telecommunications Workers Union in respect of an unsuccessful judicial review application to question a labour arbitrator award. The...more

The Second Circuit And The Separation Of Powers: Limiting Judicial Scrutiny Of SEC Settlements

On June 4, 2014, a three-judge panel of the Second Circuit Court of Appeals vacated a widely publicized 2011 decision by U.S. District Judge Jed Rakoff, which rejected a settlement between the U.S. Securities and Exchange...more

High Court allows application for permission to bring judicial review proceedings relating to the jurisdiction of the Financial...

In this case report, Sarah Hitchins, an associate in Allen & Overy LLP’s Banking, Finance and Regulatory Litigation Group, considers the High Court’s decision to allow an application for permission to bring judicial review...more

Eleventh Circuit Restricts Extrastatutory Judicial Review Of Arbitration Awards

The Eleventh Circuit recently limited the authority by which an aggrieved party can obtain judicial review of arbitration awards outside of the four grounds enumerated in the Federal Arbitration Act, ruling that an insurance...more

Illinois Supreme Court to Decide Whether State Treasurer Needs an Appeal Bond to Challenge Workers Comp Award

Although Illinois courts are courts of general jurisdiction presumed to have subject matter jurisdiction, this presumption doesn’t apply to workers’ compensation proceedings. Pursuant to Section 19(f)(2) of the Workers’...more

The M&A Word of the Day® from the Book of Jargon® – Global Mergers & Acquisitions Is Revlon Doctrine [Video]

Latham & Watkins partner Michele Johnson explains the M&A term Go Shop, a term used to describe both a standard of judicial review and a required determination by the Board of Directors of the target company. For additional...more

Seventh Circuit Opens the Door for Judicial Review of Citizen Suits Challenging Completed Portions of Ongoing CERCLA Cleanups

The Seventh Circuit Court of Appeals has opened the door for judicial review of CERCLA citizen suits challenging the completed portions of some cleanup actions even when cleanup at the site is ongoing. The case is Frey v....more

CERCLA’s Dark Pathways Around Due Process

Most people would assume that, when the United States takes action directly impacting an individual, constitutional due process would ensure that individual has an opportunity to test the government’s action in court. That...more

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