News & Analysis as of

Agency Deference Judicial Review

K&L Gates LLP

Quick Guide: Agency Deference Caselaw

K&L Gates LLP on

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

Dechert LLP

Is Stricter Federal Circuit Review of IPR Factfinding on the Horizon?

Dechert LLP on

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

Smart & Biggar

Federal Court of Appeal requires PMPRB to re-determine whether patent ‘pertains to’ Galderma’s DIFFERIN

Smart & Biggar on

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

Foley & Lardner LLP

When Even the Regulations Are Bigger in Texas: Limitations on Court Deference

Foley & Lardner LLP on

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

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

Shaking Things Up – The Trump Administration, Regulatory Change, and Administrative Law: Allan Gates (Mitchell Williams) National...

My law firm colleague Allan Gates undertook a webinar presentation for the National Association of Clean Water Agencies (“NACWA”) titled: - Shaking Things Up – The Trump Administration, Regulatory Change, and...more

Nossaman LLP

Court of Appeal Sustains CPUC's Discretion to Fill Gaps in Statutory Scheme for Intervenor Compensation but Requires CPUC to Limit...

Nossaman LLP on

The California Court of Appeal (1st Dist., Div. 4) issued an important decision on April 19, 2016, in New Cingular Wireless PCS, LLC v. Public Utilities Commission, addressing a determination by the California Public...more

Miller Starr Regalia

Supreme Court Set To Hear Important CEQA Subsequent Review Case

Miller Starr Regalia on

On May 4, 2016, at 9 a.m. in its San Francisco courtroom, the California Supreme Court will hear oral arguments in yet another of the many significant CEQA cases it has tackled in recent years, this one presenting critically...more

Farella Braun + Martel LLP

New Challenges for CEQA Review of Development Projects After California Supreme Court Invalidates Greenhouse Gas Analysis and...

In a 5-2 ruling that poses significant hurdles for developers addressing greenhouse gas (GHG) compliance and protected species mitigation under the California Environmental Quality Act (CEQA), the California Supreme Court...more

Constangy, Brooks, Smith & Prophete, LLP

It's Unanimous! EEOC Conciliation Is Subject To Judicial Review

The Supreme Court last week rejected the EEOC’s longstanding position that pre-suit conciliation efforts are shielded from judicial review of any kind. Holding that “a court may review whether the EEOC satisfied its statutory...more

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