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Administrative Procedure Act Jurisdiction Appeals

Blank Rome LLP

Supreme Court Lifts Restraining Order on Grant Terminations

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The Supreme Court recently issued a ruling with significant impacts for federal contractors and grantees looking to challenge terminations of their contracts and grants in U.S. district courts. Terminated contractors and...more

McDermott Will & Emery

No APA Review of Commission Refusal to Issue Sua Sponte Show Cause Order

McDermott Will & Emery on

The US Court of Appeals for the Federal Circuit dismissed an appeal challenging a US International Trade Commission decision that upheld an administrative law judge’s (ALJ) order, ruling that such an order was within the...more

Carlton Fields

Florida Appeals Court Decisions: Week of January 20-24, 2025

Carlton Fields on

U.S. Eleventh Circuit Court of Appeals - Isaac Indus v. PDVSA - personal jurisdiction, foreign sovereign immunity, breach of contract - USA v. Schwarzbaum - foreign bank accounts, IRS form FBAR, penalties, Excessive...more

Stoel Rives - Notice of Appeal

Idaho Supreme Court Update: The Court’s Original Jurisdiction Is Limited, But The Legislature’s Regulation Of Executive Rulemaking...

On January 29, 2024, the Idaho Supreme Court issued an opinion in Idaho State Athletic Commission v. Office of the Administrative Rules Coordinator. In the decision, the Court held that it does not have original jurisdiction...more

McDermott Will & Emery

Head East: Contract Disputes Act Claims Must Be Filed in DC

McDermott Will & Emery on

The US Court of Appeals for the Ninth Circuit concluded that the Contract Disputes Act (CDA) “impliedly forbids” federal contractors from bringing most trade secret misappropriation claims against federal agencies in district...more

Mitchell, Williams, Selig, Gates & Woodyard,...

Licenses and the Law Series

...Arkansas is one of the highest licensing states, meaning it licenses more occupations than most other states. Accordingly, Arkansas has numerous licensing boards. From the obvious, i.e., the Arkansas State Medical Board,...more

McDermott Will & Emery

Federal Circuit Has Jurisdiction over Constitutional Questions in AIA Appeals

Addressing for the first time whether a district court has jurisdiction to hear constitutional challenges to the Patent Trial and Appeal Board’s (Board) final written decisions in an inter partes review (IPR) proceeding, the...more

McDermott Will & Emery

Supreme Court Tackles Tax-Related Cases

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The United States Supreme Court has picked up the pace this week, already issuing eight regular opinions and four opinions relating to orders as of today. We discuss the tax-related items here. In Rodriguez v. FDIC, the...more

Ogletree, Deakins, Nash, Smoak & Stewart,...

Supreme Court Places Another Limitation on Chevron Deference

The justices of the Supreme Court of the United States have again limited the reach of Chevron deference. On May 28, 2019, the Court in Smith v. Berryhill carved another exception into what has lately proven to be its...more

Faegre Drinker Biddle & Reath LLP

Supreme Court Decides Smith v. Berryhill

On May 28, 2019, the U.S. Supreme Court decided Smith v. Berryhill, holding a dismissal by the Social Security Administration’s Appeals Council on timeliness grounds after a claimant has had an administrative law judge...more

Schwabe, Williamson & Wyatt PC

Fresh From the Bench: Latest Federal Circuit Court Cases

PATENT CASE OF THE WEEK - WesternGeco LLC v. Ion Geophysical Corp., Appeal Nos. 2016-2099, -2100, -2101, -2332, -2333, -2334 (Fed. Cir. May 7, 2018) - In an appeal from an inter partes review, the Federal Circuit...more

Bradley Arant Boult Cummings LLP

Retroactive Tax Law Upheld, Circuit Court Jurisdiction Limited

Before 2014, Alabama sales tax applied only to the sale of prepaid calling cards or authorization numbers, pursuant to Ala. Code §40-23-1(a)(13). In 2014, the Alabama Legislature amended the above statute to “clarify” that it...more

Haight Brown & Bonesteel LLP

A Court Must Expressly Retain Jurisdiction to Enforce the Terms of a Settlement Agreement

In Mirsad Hajro and James R. Mayock v. United States Citizenship and Immigration Services, et al. (collectively, “USCIS”), 2016 S.O.S. 11-17948, The Ninth US Circuit Court of Appeals held that it had jurisdiction to review...more

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