Will the 100 Day single issue program live up to its promise?
When the ITC first ordered a Judge to take evidence on a single issue to determine if the issue was case dispositive, the year was 2013. After the order, the Commission retroactively called the action part of a Pilot Program, designed to cut costs and litigation time, and deter NPEs (non-practicing entities). The Commission announced the Pilot Program in a Press Release 13-059 on June 14, 2013, stating that it was instituting a Pilot Program in which “the Commission will identify, at institution, investigations that are likely to present a potentially dispositive issue, such as the existence of a domestic industry, importation, or standing.” The presiding Administrative Law Judge (ALJ) in the investigation is required to issue an Initial Determination (ID) within 100 days of institution of the investigation on such issue.
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