News & Analysis as of

Judicial Review

Shaking Things Up – The Trump Administration, Regulatory Change, and Administrative Law: Allan Gates (Mitchell Williams) National...

My law firm colleague Allan Gates undertook a webinar presentation for the National Association of Clean Water Agencies (“NACWA”) titled: - Shaking Things Up – The Trump Administration, Regulatory Change, and...more

Second Circuit Upholds Prosecutorial Discretion in Deferred Prosecution Agreements

On July 12, 2017, the U.S. Court of Appeals for the Second Circuit ruled in United States v. HSBC Bank USA, N.A. that a federal district court does not have the authority to supervise the implementation of a deferred...more

Currents - Energy Industry Insights - September 2017#2

- U.S. High Court Asked to Review WV Justice's Role in Gas Royalties Case - "The U.S. Supreme Court is being asked to review West Virginia Supreme Court Justice Beth Walker's participation in a high-stakes natural gas...more

5th Circuit Hints SEC ALJs Unconstitutional

by Burr & Forman on

In an Opinion highlighting the Circuit split over the constitutionality of SEC administrative law judges (“ALJs”), the Fifth Circuit recently stayed an FDIC civil-penalty and bar order against a Bank director, pending...more

Who Is Presumptively Authorized To Order Class Arbitration? Circuit Courts Weigh In

by Latham & Watkins LLP on

Recent circuit court decisions have strategic implications for companies facing potential class arbitration claims. Key Points: - The Eighth and Ninth Circuits both found in separate cases that the authority to...more

Federal Circuit’s Amicus Brief in Oil States

Although the Federal Circuit already passed on the constitutionality of Inter Partes Reviews, considering some of its recent decisions, it appears that the Federal Circuit questions the competence of the PTAB to conduct...more

The difficulties in challenging a FOS decision by way of judicial review

by DLA Piper on

In Full Circle Asset Management Ltd v Financial Ombudsman Service Ltd [2017] EWHC 323 (Admin) the Administrative Court refused to quash a decision of the Financial Ombudsman Service Ltd (FOS) following allegations that the...more

Preemption is “Part and Parcel” of the §101; But Lack of Preemption Does Not Necessarily Establish Patentability

In Return Mail, Inc. v. United States Postal Service, [2016-1502] (August 28, 2017), the Federal Circuit affirmed the PTAB’s decision that the US Postal Service had standing to challenge Return Mails patents in an CBMR, and...more

Federal Circuit Provides More Guidance On Biosimilar Patent Litigation

by Foley & Lardner LLP on

In Amgen Inc. v. Hospira, Inc., the Federal Circuit held that Amgen could not obtain discovery related to activities that might infringe a patent that it had not asserted in its biosimilar patent litigation against Hospira....more

Federal Circuit Rules in Favor of Public Interest Group Standing at PTAB

by Jones Day on

In Personal Audio, LLC. v. Electronic Frontier Foundation, No. 2016-1123 (Fed. Cir. Aug. 7, 2017), the Federal Circuit reviewed a Patent Trial and Appeal Board (“PTAB”) decision invalidating claims of U.S. Patent No....more

California’s Supreme Court Denies ARB Petition To Review LCFS Case

by Latham & Watkins LLP on

In a previous post, we described how potential delays in the resolution of the case commonly known as POET I could create uncertainty regarding the future of the California Low Carbon Fuel Standard (LCFS). On August 23, 2017,...more

Second Circuit Upholds Denial of CWA Certification Where Applicant Failed to Submit Requested Information

The U.S. Court of Appeals for the Second Circuit, in the case of Constitution Pipeline Company, LLC v. New York Department of Environmental Conservation, et al. (released August 18, 2017), rejected the Constitution Pipeline...more

Is your tenure valid?

by DLA Piper on

The High Court's decision in Forrest & Forrest Pty Ltd v Wilson & Ors [2017] HCA 30 has confirmed the importance of strict compliance with the provisions of the Mining Act 1978 (WA) (Mining Act) when applying for the grant of...more

Standing to Appeal PTAB Decision to Federal Circuit is Measured for the Appellant, Not the Appellee

by Knobbe Martens on

The Federal Circuit determined that Article III standing was not necessary for an appellee to participate in a judicial appeal of an IPR final written decision because the appellant had Article III standing in Personal Audio,...more

Wait Your Turn: No Exception to Final Judgment Rule for Appeal of Denial of Motions to Compel

In Amgen Inc. v. Hospira, Inc., [2016-2179] (August 10, 2017), the Federal Circuit dismissed Amgen’s appeal of the district court’s denial of its motion to compel for lack of jurisdiction, and rejected Amgen’s petition for...more

PTAB Designates Portion Of Assignor Estoppel Opinion As Precedential

by Jones Day on

In October 2016, we posted about a Federal Circuit decision addressing whether assignor estoppel bars a party from filing an inter partes review petition. In Athena Automation Ltd. v. Husky Injection Molding Systems Ltd., the...more

Fairness in Evaluation: Federal Circuit Remand to Board For Failure to Fully Consider Petitioner’s Arguments Against Motion to...

by Foley & Lardner LLP on

In Shinn Fu Company of America, Inc. et al. v. The Tire Hanger Corp., slip op. 2016-2250 (Fed. Cir. July 3, 1997) (non-precedential), the Federal Circuit reversed a Board’s decision granting a motion to amend claims...more

Lord Justice Jackson suggests extending Aarhus Rules to all JR claims… again

by Hogan Lovells on

On 31 July, Lord Justice Jackson published a report containing a series of proposals on civil litigation costs. While mainly focused on fixed recoverable costs, the report also contained a radical suggestion: to extend the...more

Fifth Circuit Expands Post-Trial Review of Summary Judgments

by Strasburger & Price, LLP on

In Feld Motor Sports, Inc. v. Traxxas , L.P., No. 16-40686 2017 U.S. App. LEXIS 11705 (5th Cir. June 30, 2017), the Fifth Circuit held for the first time that an appellate court can review a trial court’s legal conclusions in...more

AIA Does Not Override 28 USC § 1447(d) Reviewability Bar

by McDermott Will & Emery on

The US Court of Appeals for the Federal Circuit ruled that provisions in the America Invents Act (AIA) related to federal courts’ jurisdiction over patent claims do not override 28 USC § 1447(d)’s limit on appellate review of...more

Is “Class Arbitration” an Oxymoron — a Shoe Drops in the Second Circuit

In a recent series of articles, we asked whether “class arbitration” — meaning the utilization of a Fed. R. Civ. P. 23 class action protocol in an arbitration proceeding — is ultimately viable. Given the nature of...more

Issues to "Bee" Determined: Federal Court Dismisses Preliminary Motions

by Bennett Jones LLP on

Whether or not the decisions by the Pest Management Regulatory Agency (PMRA) to successively register neonicotinoid products on a conditional basis constitute a "continuous course of conduct", and whether or not the PMRA...more

Disclosure in arbitration: paint the full picture not a vignette - Misleading an arbitrator by omitting key evidence can amount to...

by Dentons on

It is relatively hard to establish successful grounds for appealing an arbitration award – and particularly unusual where the appeal is based on the fraudulent conduct of one of the parties. The decision in Celtic Bioenergy...more

FCA Deeper Dive: Judicial Review of Settlements

by Bass, Berry & Sims PLC on

The FCA continues to be the federal government’s primary civil enforcement tool for investigating allegations that healthcare providers or government contractors defrauded the federal government. In the coming weeks, we...more

Second Circuit Limits District Courts’ Authority Over Deferred Prosecution Agreements and Limits the Public’s Access to Monitors’...

by Dechert LLP on

Although deferred prosecution agreements (DPAs) are a commonly-used tool for government prosecutors, courts continue to struggle to determine how much judicial supervision of these agreements is permitted. On July 12, 2017,...more

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