The United States Supreme Court has effectively vanquished the Chevron doctrine, which has governed the power of federal agencies to interpret federal statutes for the last 40 years. In recent years, the Chevron doctrine has...more
7/1/2024
/ Administrative Procedure Act ,
Chevron Deference ,
Chevron v NRDC ,
Constitutional Challenges ,
Government Agencies ,
Judicial Authority ,
Loper Bright Enterprises v Raimondo ,
National Marine Fisheries Service ,
Regulatory Authority ,
Relentless Inc v US Department of Commerce ,
SCOTUS ,
Stare Decisis ,
Statutory Interpretation ,
Unconstitutional Condition
The Federal Arbitration Act (FAA) requires federal courts to enforce agreements to arbitrate that impact interstate commerce. The FAA and its body of case law are binding on state courts and many states have adopted similar...more
6/19/2024
/ Arbitration ,
Arbitration Agreements ,
Arbitration Awards ,
Federal Arbitration Act ,
Legal History ,
Mattel ,
Motion To Stay ,
SCOTUS ,
Smith v Spizzirri ,
Stays ,
Subject Matter Jurisdiction
Federal law prohibits employers from relying on certain protected statuses (race, color, religion, sex, or national origin) when making employment decisions. Lower courts have required employees suing employers to point to a...more
4/23/2024
/ Adverse Employment Action ,
Civil Rights Act ,
Employee Transfers ,
Employer Liability Issues ,
Employment Discrimination ,
Employment Litigation ,
Lateral Transfers ,
Muldrow v City of St Louis ,
SCOTUS ,
Sex Discrimination ,
Title VII
On May 1, 2023, the U.S. Supreme Court agreed to decide the continued validity of the so-called Chevron doctrine. Almost 40 years ago, in Chevron v. Natural Resources Defense Council, the Supreme Court had established this...more
Consistent with federal courts’ recent pattern of limiting the reach of administrative agencies, the Supreme Court held on April 14, 2023, that a challenge to the constitutional authority of an administrative law judge...more
Key Takeaways -
..In three decisions released late last month, the U.S. Supreme Court demonstrated increased skepticism of judicial deference to administrative agencies' statutory interpretations.
..While the...more
7/21/2022
/ Administrative Authority ,
Administrative Interpretation ,
American Hospital Association et al v Becerra Secretary Of Health And Human Services et al ,
Becerra Secretary Of Health And Human Services v Empire Health Foundation For Valley Hospital Medical Center ,
Chevron Deference ,
Chevron v NRDC ,
Environmental Protection Agency (EPA) ,
Medicare ,
Physician Medicare Reimbursements ,
SCOTUS ,
West Virginia v EPA
In Morgan v. Sundance, Inc., decided May 23, a unanimous Supreme Court addressed the standard for determining whether a party has waived its right to arbitrate a controversy by first engaging in litigation. Overruling...more
5/27/2022
/ Arbitration ,
Arbitration Agreements ,
Burden of Proof ,
Collective Actions ,
Delay Claims ,
Employer Liability Issues ,
Employment Litigation ,
Federal Arbitration Act ,
Morgan v Sundance ,
Motion to Compel ,
Prejudice ,
SCOTUS
In a little-noticed recent decision, a nearly-unanimous U.S. Supreme Court significantly narrowed the jurisdiction of the federal courts to confirm, vacate or modify arbitration awards under the Federal Arbitration Act (FAA)....more
In DIRECTV, Inc. v. Imburgia et al., the Supreme Court bolstered the preemptive power of the Federal Arbitration Act (“FAA”), once again overturning a state court’s holding that an arbitration agreement was unenforceable due...more
The Federal Arbitration Act (“FAA”) does not permit courts to invalidate a contractual waiver of class arbitration where the costs of pursuing an individual federal statutory claim in arbitration would exceed the potential...more