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Supreme Court of the United States › Ambiguous

The United States Supreme Court is the highest court of the United States and is charged with interpreting federal law, including the United States Constitution. The Court's docket is largely discretionary... more +
The United States Supreme Court is the highest court of the United States and is charged with interpreting federal law, including the United States Constitution. The Court's docket is largely discretionary with only a limited number of cases granted review each term.  The Court is comprised of one chief justice and eight associate justices, who are nominated by the President and confirmed by the Senate to hold lifetime positions. less -
Jenner & Block

Client Alert: Loper Bright Matters: Fifth Circuit Vacates Agency Action That Had Survived Under Chevron Deference

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In a long-awaited decision in Restaurant Law Center v. US Department of Labor, the US Court of Appeals for the Fifth Circuit vacated a US Department of Labor (DOL) regulation governing the way tipped employees are paid,...more

Sheppard Mullin Richter & Hampton LLP

Farewell, Chevron: Navigating Corporate Regulation Under Loper Bright

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In Loper Bright Enterprises v. Raimondo, No. 22-451 (U.S. June 28, 2024), the United States Supreme Court (Roberts, J.) held that the Administrative Procedure Act (APA) requires courts to independently determine whether an...more

Smith Gambrell Russell

Compliance with Ambiguous Regulations – State of the Law and Trends

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Federal administrative law is largely about policing delegations of power from Congress to Executive Branch agencies, and the administrative law concept of “deference” is about delegation of interpretative power over...more

Bradley Arant Boult Cummings LLP

After Chevron: New Lines of Attack For FCA Defense Bar

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The Supreme Court's recent decision in Loper Bright Enterprises v. Raimondo, abolishing the Chevron doctrine, provides the False Act Claims defense bar with a potent new weapon. Two critical elements of any FCA claim are...more

Sheppard Mullin Richter & Hampton LLP

Texas Judge Enjoins NLRB From Proceeding Against SpaceX, Casting Further Doubt on NLRB’s Constitutionality

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A federal judge in Texas recently cast new doubt on the National Labor Relations Board’s (NLRB) ability to oversee labor disputes, agreeing with SpaceX that the agency’s Board Members and Administrative Law Judges (ALJs) are...more

Spilman Thomas & Battle, PLLC

Chevron, Energy and the Pivotal Shift

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The U.S. Supreme Court recently overturned the Chevron doctrine, a significant legal principle established by Chevron U.S.A., Inc. v. Natural Resources Defense Council. For 40 years, lower courts have relied on the Chevron...more

Steptoe & Johnson PLLC

Two U.S. Supreme Court Decisions Will Affect the Securities Industry

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The Supreme Court of the United States (SCOTUS) recently issued two opinions that are likely to have a longer-term effect on the way securities industry matters are handled. Juries, not the Securities Exchange Commission...more

FordHarrison

[Webinar] Chevron Deference Overruled by SCOTUS: Understanding the Potential Legal Implications - July 30th, 1:00 pm - 2:00 pm ET

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On June 28, 2024, in an anticipated but significant decision, the Supreme Court of the United States overruled Chevron U.S.A. Inc. v. Natural Resources Defense Council, Inc., 467 U.S. 837 (1984), which required courts to...more

Schwabe, Williamson & Wyatt PC

Chevron is Gone: How Will the Real Estate and Construction Industry be Impacted?‎

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On June 28, 2024, the Supreme Court overruled the Chevron doctrine that had guided courts’ review of agency actions the past 40 years. The Chevron doctrine required courts to defer to a federal agency’s reasonable...more

Schwabe, Williamson & Wyatt PC

Potential Impacts on the Natural Resources Industry After Chevron Overturn

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On June 28, the Supreme Court abrogated the Chevron doctrine that has guided courts’ review of agency actions for the past 40 years. Chevron mandated that courts defer to an agency’s reasonable interpretation of an ambiguous...more

Schwabe, Williamson & Wyatt PC

The Supreme Court’s Latest Rulings on Administrative Agencies: Implications for ‎Consumer Product Companies

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In the final week of this year’s Supreme Court term, the Court issued several decisions that alter the role of federal agencies in the way laws are interpreted and enforced, and thus the way that business will be done in the...more

Schwabe, Williamson & Wyatt PC

The Fall of the Chevron Doctrine: Implications for Ports and Maritime Clients

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Over the last forty years the Chevron doctrine, established by the Supreme Court in Chevron U.S.A, Inc. v. Natural Resources Defense Council, Inc., 467 U.S. 837 (1984), has been a pillar of administrative law in the United...more

Health Care Compliance Association (HCCA)

The compliance lessons in the wake of the Supreme Court decision in U.S. ex rel Schutte v. SuperValu, Inc.

Health Care Compliance Association (HCCA) on

The False Claims Act (FCA) permits private individuals to bring lawsuits in the name of the United States—called qui tam—against those they believe have defrauded the federal government: 31 U.S.C. § 3730(b). The FCA thereby...more

Wiley Rein LLP

How the Supreme Court’s Blockbuster Chevron Case Might Affect the Future of Tech Regulation

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This month, the U.S. Supreme Court heard argument in a pair of cases that have the potential to profoundly alter the landscape of technology regulation in the United States: Loper Bright Enterprises v. Raimondo and...more

Foley & Lardner LLP

Health-Care Fraud Scrutiny Heats Up For Companies, Providers

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This year will see a continued proliferation of enforcement against health-care fraud, with old and new theories. Some hot spots for enforcement will involve cases about new technologies; data outliers; entities perceived as...more

Perkins Coie

Supreme Court To Review Critical Case on Deference to Administrative Agencies

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Overview The Supreme Court of the United States has agreed to review a case taking direct aim at “overregulation” by federal administrative agencies. Any client or business that routinely deals with federal administrative...more

McGuireWoods LLP

Supreme Court to Determine Whether False Claims Act Liability Is Precluded Where Defendants Proffer an Objectively Reasonable...

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On January 13, 2023, the Supreme Court granted a writ of certiorari to petitioners in two False Claims Act cases to determine whether the False Claims Act’s knowledge requirement reaches defendants who can offer an...more

Husch Blackwell LLP

U.S. Supreme Court Grants Cert in Pair of Key False Claims Act Cases

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The United States Supreme Court started the long weekend on Friday evening by announcing it would hear a consolidated pair of cases that should clarify a critical aspect of the False Claims Act (FCA). These cases are worth...more

Foley & Lardner LLP

Court Calls Underlying Legal Standards “No Model of Clarity” but Allows False Claims Act Case To Proceed Anyway

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Does violating requirements amount to fraud under the False Claims Act (FCA) when the requirements allegedly violated are unclear? There is currently a circuit split and petitions for review pending to the Supreme Court as to...more

Akin Gump Strauss Hauer & Feld LLP

Courts Not Hesitating to Reject Federal Agencies’ Faulty Regulatory Interpretations Since Kisor v. Wilkie

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- Federal agencies’ regulatory interpretations falling short of the standards laid out in Kisor are not surviving judicial review. - Courts are closely scrutinizing regulations to determine if they are genuinely...more

Mintz - Arbitration, Mediation, ADR...

Who Decides the “Class Arbitrability” Issue: Fifth Circuit Joins Consensus That It Is a Court, Not an Arbitrator, But Evidently...

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Add the Fifth Circuit to the growing list of Federal Circuit Courts that have decided that “class arbitrability” is a gateway question for a court, rather than an arbitrator, to decide in the first instance, absent the...more

(ACOEL) | American College of Environmental...

The Supreme Court’s Most Important Environmental Law Decision in 35 Years

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As our esteemed colleague John Cruden is fond of saying, administrative law is a subset of environmental law.  My vote for the most important Supreme Court environmental law decision in 35 years goes to the administrative law...more

White & Case LLP

Kisor Deference: The New Judicially-Driven Auer Deference

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A divided Supreme Court changed the landscape of administrative law in a recent decision, Kisor v. Wilkie. In Kisor, a slim majority declined to overrule Bowles v. Seminole Rock & Sand Co., Auer v. Robbins and related cases,...more

Jackson Lewis P.C.

What Supreme Court On Deference To Agency Interpretations May Mean

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Courts’ deference to agency interpretations of their own statutes and regulations has been a mainstay of administrative law. The Chevron Doctrine has since 1984 provided that courts should put a “thumb-on-the-scales in favor...more

King & Spalding

United States Supreme Court Limits Deference Standard in Kisor v. Wilkie Decision

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On June 26, 2019, the United States Supreme Court issued its decision in Kisor v. Wilkie. After hearing oral arguments in March, the Court considered whether to overrule the Auer deference standard, the long-standing doctrine...more

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