News & Analysis as of

Administrative Procedure Act Standing

Ballard Spahr LLP

CFPB files its reply brief in support of the CFPB’s motion to dissolve the preliminary injunction in the credit card late fee...

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On August 22, 2024, the CFPB filed its reply brief in support of its motion to dissolve the preliminary injunction and lift the stay of the CFPB’s credit card late fee final rule (“Rule”) in the lawsuit challenging the Rule....more

Ballard Spahr LLP

Minnesota federal court dismisses lawsuit against FDIC over NSF fee guidance

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On April 8, 2024, a Minnesota federal district court dismissed without prejudice the complaint filed by the Minnesota Bankers Association and Lake Central Bank (Plaintiffs) against the Federal Deposit Insurance Corporation...more

Ballard Spahr LLP

SCOTUS holds oral argument in two cases challenging Chevron deference

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On January 17, 2024, the U.S. Supreme Court heard oral argument in the two cases in which the question presented is whether the Court should overrule its 1984 decision in Chevron, U.S.A., Inc. v. Nat. Res. Def. Council, Inc. ...more

Bracewell LLP

Offshore Wind Litigation: Court Denies Fishing Groups’ Challenge to Major Offshore Wind Project

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Judge Indira Talwani of the US District Court for the District of Massachusetts has rejected another challenge to federal permits and approvals for the Vineyard Wind Project (Vineyard Wind or the Project). Vineyard Wind is...more

Troutman Pepper

Mountain Valley Pipeline To Resume Construction After Supreme Court Vacates Fourth Circuit’s Order Halting Construction

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On July 27, 2023, the U.S. Supreme Court vacated the U.S. Court of Appeals for the Fourth Circuit’s decision to grant the Wilderness Society’s motions to stay of construction on the Mountain Valley Pipeline (“MVP”) pending...more

McDermott Will & Emery

Speculative Injury from Rulemaking Petition Denial Doesn’t Confer Standing

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The US District Court for the District of Columbia affirmed the dismissal of a case alleging that the US Patent & Trademark Office (PTO) violated the Administrative Procedure Act (APA) by denying the plaintiffs’ rulemaking...more

Jackson Lewis P.C.

States Lack Standing to Sue Over Immigration-Enforcement Guidelines, U.S. Supreme Court Rules

Jackson Lewis P.C. on

Texas did not have standing to challenge the Biden Administration’s policy priorities regarding removal of noncitizens, the U.S. Supreme Court has ruled. United States v. Texas, No. 22-58 (June 23, 2023)....more

Ballard Spahr LLP

CFPB files opposition to preliminary injunction motion in lawsuit challenging Section 1071 final rule

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The CFPB has filed its opposition to the motion seeking a preliminary injunction filed by the plaintiffs in the lawsuit challenging the validity of the CFPB’s final rule implementing Section 1071 of the Dodd-Frank Act (Rule)....more

McDermott Will & Emery

Show Your Work: PTO Director’s Procedure for Issuing Instructions Is Reviewable

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The US Court of Appeals for the Federal Circuit affirmed the district court’s finding under the Administrative Procedure Act (APA) that the substance of the US Patent & Trademark Office (PTO) Director’s instructions is...more

Sterne, Kessler, Goldstein & Fox P.L.L.C.

Federal Circuit Appeals from the PTAB and ITC: Summaries of Key 2022 Decisions

As part of the recovery from the global COVID-19 pandemic, the U.S. Court of Appeals for the Federal Circuit took steps to return to normal operations. It began requiring live oral arguments in August 2022 and, by November,...more

Ballard Spahr LLP

CFPB files cross-motion for summary judgment in lawsuit alleging wrongful delay in Section 1071 implementation; describes...

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The CFPB has filed a cross-motion for summary judgment in the lawsuit filed by the California Reinvestment Coalition, the National Association for Latino Community Asset Builders, and two individual small business owners...more

Holland & Knight LLP

Healthcare Law Update: October 2019

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In recent years, the healthcare industry has been turning greater attention to the need to engage or involve patients in developing new technologies and systems to improve healthcare delivery. These patient engagement...more

Akin Gump Strauss Hauer & Feld LLP

Fifth Circuit Upholds Indian Child Welfare Act as Constitutional

On Friday, August 9, 2019, in Brackeen v. Bernhardt, No. 18-11479, the U.S. Court of Appeals for the 5th Circuit declared that the Indian Child Welfare Act (ICWA) and its implementing federal regulations (“the Final Rule”)...more

Seyfarth Shaw LLP

Fifth Circuit Rules That The EEOC Can’t Mess With Texas Over Criminal Background Checks

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Seyfarth Synopsis: In the latest battle of the multi-year showdown between the State of Texas and the EEOC – whereby Texas asserted that the EEOC’s 2012 “Enforcement Guidance on the Consideration of Arrest and Conviction...more

Schwabe, Williamson & Wyatt PC

Latest Federal Court Cases - July 2019 #3

PATENT CASE OF THE WEEK - General Electric Co. v. United Techs. Corp., Appeal No. 2017-2497 (Fed. Cir. July 10, 2019) - The Case of the Week focuses on standing to bring an appeal of an adverse decision by the PTAB in...more

Akin Gump Strauss Hauer & Feld LLP

New Hampshire Hold ‘Em: Federal Decision Sets Aside Latest DOJ Wire Act Opinion

• On June 3, 2019, a federal court in New Hampshire ruled in favor of a New Hampshire state agency in concluding that “the text, context, and structure of the Wire Act” limit the Act’s applicability to sports gambling and no...more

Carlton Fields

Financial Services & Title Insurance Update: Week Ending March 22, 2019

Carlton Fields on

Financial Services Update - FDCPA / definition of "debt collector": law firm carrying out a nonjudicial foreclosure action not a debt collector because the primary definition of a "debt collector" under sec. 1692a does not...more

Pillsbury - Gravel2Gavel Construction & Real...

District Court Requires More to Establish Standing to Challenge EO 13771

On February 8, the U.S. District Court for the District of Columbia issued its latest ruling in a case which challenges the President’s January 30, 2017 Executive Order constraining the ability of federal agencies to issue...more

Knobbe Martens

Hamilton Beach Brands, Inc. v. F'Real Foods, LLC

Knobbe Martens on

Federal Circuit Summary - Before Reyna, Wallach, and Taranto. Appeal from the Patent Trial and Appeal Board. Summary: A party must file a cross-appeal when their argument requires modification of a decision. Under the...more

WilmerHale

Federal Circuit Patent Updates - September 2018

WilmerHale on

Hyatt v. Pato (No. 2017-1722, 9/24/18) (Reyna, Wallach, Hughes) - Hughes, J. Reversing dismissal for lack of subject matter description stating, “the exclusive jurisdiction of this court and the Eastern Virginia district...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

Foley Hoag LLP - Environmental Law

Shooting Fish In a Barrel: EPA Loses Another Regulatory Delay Case

On March 21, 2018, EPA lost yet another regulatory delay case. After the Obama EPA promulgated rules updating requirements concerning certification and use of “restricted use pesticides” in January 2017, the Trump EPA...more

WilmerHale

Administrative Procedure Act Litigation: The Changing Regulatory Landscape, the Role of Industry, and Emerging Issues

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As the Trump Administration concludes its fifth month, industry is facing a changing regulatory landscape that offers both opportunities and challenges. In this period of transition, litigation under the Administrative...more

Cozen O'Connor

Fourth Circuit To Plaintiffs: “Could” Isn’t Enough For Standing

Cozen O'Connor on

A split continued to develop in the federal courts last month as the Fourth Circuit denied Article III standing to the plaintiffs in a data breach case whose alleged injuries were limited to the increased risk of future...more

Goodwin

Massachusetts SJC Allows for Limited Judicial Review of Gaming Decisions by Unsuccessful License Applicants

Goodwin on

In a unanimous decision issued on Friday, authored by outgoing Justice Margot Botsford, Massachusetts’s highest court allowed Mohegan Sun’s challenge to the state Gaming Commission’s 2014 award of a gaming license to...more

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