In a landmark ruling on 28 June 2024, the US Supreme Court expressly overruled the 40-year-old Chevron doctrine with its decision in Loper Bright Enterprises v. Raimondo, eliminating the requirement that courts defer to...more
11/13/2024
/ Administrative Agencies ,
Administrative Authority ,
Chevron Deference ,
Government Agencies ,
Judicial Authority ,
Judicial Review ,
Loper Bright Enterprises v Raimondo ,
Public Policy ,
Regulatory Authority ,
SCOTUS ,
Statutory Interpretation
In a landmark ruling with far-reaching consequences for federal agencies and the regulated community, the Supreme Court overturned the 40-year-old Chevron doctrine. Loper Bright Enterprises v. Raimondo, decided on June 28,...more
On 27 June 2023, in a plurality opinion authored by Justice Gorsuch, the United States Supreme Court issued its ruling in Mallory v. Norfolk Southern Railway Co., holding that a company’s decision to register to do business...more
Introduction - It is understandable that the press and legal commentators are focused on Judge Brett Kavanaugh’s jurisprudence and writings following his nomination to the Supreme Court....more
7/18/2018
/ Fair Share Contribution ,
First Amendment ,
Internet Retailers ,
Janus v AFSCME ,
Out-of-State Companies ,
Physical Presence Test ,
Public Sector Unions ,
Quill ,
Sales & Use Tax ,
SCOTUS ,
South Dakota v. Wayfair ,
Stare Decisis ,
Union Dues
How do the lower courts apply a Supreme Court decision when there is no majority opinion to serve as precedent?
This problem happens more often than one would think: Four justices take part in a plurality opinion, and one...more
The 2016–2017 U.S. Supreme Court term will be remembered for decisions on splashier subjects, but for the business community, the personal-jurisdiction decisions in BNSF Railway Co. v. Tyrrell and Bristol-Myers Squibb Co. v....more
Almost any business whose products or services reach customers in multiple states knows that there are some jurisdictions thought to be friendlier to plaintiffs. Plaintiffs’ lawyers know about those jurisdictions too, and...more