AGG Talks: Healthcare Insights Podcast - Episode 3: The Future of Agency Deference in Healthcare Regulation
The US Supreme Court will soon decide the fate of the Chevron doctrine. As the legal community awaits this ruling, there has been heightened attention on how courts review agency decision-making across multiple dimensions,...more
In this episode, AGG Healthcare Litigation co-chair Jason Bring discusses the evolving landscape of agency deference with AGG Healthcare Litigation partner Brian Stimson. Brian explains the types of agency deference —...more
Earlier this month, the Maine Law Court issued its decision in Cassidy Holdings, LLC v. Aroostook County Commissioners, holding that, in a municipality without a board of assessment review, a taxpayer whose nonresidential...more
Hosted by American Conference Institute, the 28th Annual Conference on Drug & Medical Device Litigation returns for another exciting year with curated programming and networking opportunities with 400+ industry...more
Overview The Supreme Court of the United States has agreed to review a case taking direct aim at “overregulation” by federal administrative agencies. Any client or business that routinely deals with federal administrative...more
As we have seen recently, the U.S. Supreme Court is again considering overturning decades-long precedent. Nearly 40 years after the Court decided Chevron v. Natural Resources Defense Council, it has agreed to reconsider....more
Sam Hess of Inside EPA points out that Judge Brown of Texas concluded that the United States Supreme Court's nearly forty year old precedent compelling the Judiciary to defer to Executive Branch interpretations of laws it is...more
Just before the end of 2022, the Ohio Supreme Court decided the case TWISM Ents., L.L.C. v. State Bd. of Registration for Professional Engineers & Surveyors. In TWISM, the Court took steps similar to those taken by the United...more
Marbury v. Madison established that “[i]t is emphatically the province and duty of the judicial department to say what the law is.” Fast forward 163 years, and section 706 of the Administrative Procedure Act also ordained...more
The Federal Circuit was quite productive last week despite the holiday weekend. The Court issued a dozen non-precedential decisions, several precedential opinions, and a handful of Rule 36 summary affirmances in cases argued...more
On April 27, 2021, U.S. Citizenship and Immigration Services (USCIS) issued updated policy guidance “instructing officers to give deference to prior determinations when adjudicating extension requests involving the same...more
Courts notoriously give deference to state tax agencies in interpreting tax laws. But is the tide changing for taxpayers? Matt Hunsaker puts Georgia's Taxpayer Fairness Act into context....more
On March 22, 2021, the Georgia House of Representatives passed SB 185, which now heads to the Governor’s desk. The measure, which was previously unanimously passed by the state Senate, seeks to level the playing field in...more
The United States Court of Appeals, Eight Circuit (“Eight Circuit”) addressed in a November 22nd Opinion whether a lignite coal mine obtained the correct Clean air Act (“CAA”) permit. See Voigt v. Coyote Creek Mining Company,...more
This week, we take a look at two Ninth Circuit decisions concerning the employer-employee relationship. In the first, the Court let the lawsuit against the NFL for its negligent handling of drug distribution to its injured...more
The DE OFCCP Week in Review (WIR) is a simple, fast and direct summary of relevant happenings in the OFCCP regulatory environment, authored by experts John C. Fox, Candee Chambers and Jennifer Polcer. In today’s edition, they...more
According to Bloomberg Environment (subscription required), EPA’s Clean Air Science Advisory Committee cannot reach agreement whether to recommend that the NAAQS for PM2.5 be lowered. Even after two years, I guess I had not...more
A panel of the Federal Circuit recently sounded off with something less than the usual deferential tone regarding review under the substantial evidence standard of factual findings on patentability made by the Patent Trial...more
Two recent decisions from federal appeals courts illustrate once again that the courts will extend significant judicial deference to federal agencies that are grappling with controversial and complicated issues subject to...more
Morgan Rothschild (“Rothschild”), sole owner of the Party Princess franchise system, sold a party planning franchise for the territory of Washington and promised the franchisee would achieve certain sales. Prior to the sale,...more
By: Urszula Wojtyra On June 28, 2019, the Federal Court of Appeal granted the appeal of the Patented Medicine Prices Review Board (PMPRB or Board) and returned to the Board the matter of whether the invention of the 237...more
On June 14, 2019, the United States Court of Appeals for the District of Columbia Circuit rejected the argument that a university should be entitled to special academic deference in employment discrimination claims concerning...more
On March 26, 2019, New York’s highest court delivered a victory for employers in the home care industry, clarifying that employers need only compensate home health aides for 13 hours of a 24-hour shift, provided the employees...more
Should courts defer to agency interpretations of their own regulations so long as the interpretations are reasonable, even if a court believes another reasonable reading of a regulation is the better reading? In Auer v....more
Manufacturers considering operations in Texas may be surprised to discover that, despite the state’s desired reputation as a “light regulation” and “free market” environment, comprehensive regulatory statutes exist for most...more