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Chevron Deference Appeals

Jenner & Block

Client Alert: Loper Bright Matters: Fifth Circuit Vacates Agency Action That Had Survived Under Chevron Deference

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In a long-awaited decision in Restaurant Law Center v. US Department of Labor, the US Court of Appeals for the Fifth Circuit vacated a US Department of Labor (DOL) regulation governing the way tipped employees are paid,...more

Proskauer - Health Care Law Brief

No Surprises Here!  Fifth Circuit Upholds Health Care Provider Challenge to No Surprises Act Regulations

In a recent win for health care providers, the United States Court of Appeals for the Fifth Circuit has affirmed a lower court’s decision to vacate key portions of regulations issued by the U.S. Departments of Treasury,...more

Eversheds Sutherland (US) LLP

In Rawat, DC Circuit construes the Code and regulations without deference, providing an example of statutory and regulatory...

On July 23, 2024, the United States Court of Appeals for the District of Columbia Circuit (Court of Appeals) released a decision in Rawat v. Commissioner (available here). The case considers whether the portion of a non-US...more

Lathrop GPM

USERRA Does Not Require Paid Military Leave...Or Does It?

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The landscape of federal military leave law may be shifting. In the past three years, four federal appellate courts have held that an employer may be required to offer paid leave for an employee’s military service where the...more

Bradley Arant Boult Cummings LLP

Appeals Court Holds ECOA Liability Extends to Prospective Applicants

On July 11, 2024, the United States Court of Appeals for the Seventh Circuit issued its highly anticipated decision in Consumer Financial Protection Bureau v. Townstone Financial, Inc., et al. In this pivotal decision, the...more

Proskauer Rose LLP

California Employment Law Notes - July 2024

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Employee Who Wanted To Donate/Freeze Her Eggs Was Not Protected By Pregnancy Statute - Paleny v. Fireplace Products U.S., Inc., 103 Cal. App. 5th 199 (2024) - Erika Paleny alleged harassment, discrimination and...more

Mintz - Intellectual Property Viewpoints

Assessing the Impact of Recent Supreme Court Decisions on Section 337 Practice – Less than Meets the Eye?

Late last month, the Supreme Court issued two opinions which seemingly shook up the field of administrative law.  As explained in this article, however, while both decisions bear significantly on certain administrative...more

Goldberg Segalla

The Fishing Case that Could Put the Chevron Doctrine Out to Sea

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On January 17, the U.S. Supreme Court heard oral argument in Loper Bright Enterprises v. Raimondo, No. 22-451, an environmental-law dispute concerning fishery management in federal waters....more

Pierce Atwood LLP

The Limits of Deference to Agency Interpretations under Maine Law

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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

Mintz

This never-ending NIMBY challenge to the Vineyard Wind project illustrates that we may be winning renewable energy battles but...

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Over two years ago I wrote about a lawsuit filed by a Connecticut-based solar farm developer with a summer home in Martha's Vineyard seeking to enjoin the Vineyard Wind project off the Massachusetts coast. This particular...more

McDermott Will & Emery

Rough Seas Ahead? Supreme Court to Reconsider Chevron Doctrine

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The Supreme Court of the United States has agreed to reconsider the Chevron doctrine, which instructs courts to defer to a federal agency’s reasonable interpretation of an ambiguous statute that US Congress delegated to the...more

Spilman Thomas & Battle, PLLC

Will the Supreme Court Say “Farewell” to the Chevron Doctrine?

The Chevron Doctrine -- what is often referred to as “Chevron deference” – is based on the precedent set by the Supreme Court about four decades ago, which some argue has overly empowered the administrative state (the full...more

Skadden, Arps, Slate, Meagher & Flom LLP

The Evolving Landscape of Administrative Law

One of the most significant areas of the law for businesses is administrative law. From questions about a new industry-specific regulation to marshaling a defense against enforcement proceedings, any entity that is subject to...more

McDermott Will & Emery

Another Kind of Term Limit: Delay Resulting from After-Allowance Amendments Deducted from PTA

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The US Court of Appeals for the Federal Circuit affirmed the US Patent & Trademark Office’s (PTO) decision on a patent term adjustment (PTA), finding that it was appropriate to deduct days from a patent term when the...more

McDermott Will & Emery

Pending Supreme Court Decision in AHA v. Becerra May Be Felt Well Beyond the Healthcare Industry

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By July 2022, the US Supreme Court is expected to release its opinion in American Hospital Association v. Becerra, a case that not only has significant ramifications for healthcare providers but may also impacts the deference...more

Miller Canfield

CDC Eviction Moratorium Not Quite Over: Where Do We Go From Here?

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Last September, the Centers for Disease Control and Prevention (CDC) ordered a nationwide eviction moratorium on residential properties. 85 Fed. Reg. 55,292 (Sept. 4, 2020). On May 5, 2021, the United States District Court...more

Baker Donelson

D.C. Appeals Court Upholds CMS's Authority to Limit Payment for E&M Services at Off-Site Provider-Based Locations

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The United States Court of Appeals for the District of Columbia recently upheld CMS's authority to expand site-neutral payment reductions for evaluation and management (E&M) services provided at longstanding off-campus...more

Sunstein LLP

Court’s Strict Interpretation of Timing Requirement May Force Patent Validity Challenges in Two Forums

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The America Invents Act (“AIA”), signed into law in 2011, introduced inter partes review (“IPR”), which allows parties to challenge the validity of patent claims in proceedings before the Patent Trial and Appeal Board...more

Bass, Berry & Sims PLC

Federal Circuit Holds that Issue Joinder is Unavailable in IPRs

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In Facebook, Inc. v. Windy City Innovations, LLC, No. 2018-1400 (Fed. Cir. Mar. 18, 2020), the Federal Circuit held that the “clear and unambiguous text of” 35 U.S.C. § 315(c) does not authorize “same-party joinder” and...more

McDonnell Boehnen Hulbert & Berghoff LLP

Facebook, Inc. v. Windy City Innovations, LLC (Fed. Cir. 2020)

It's often said that hard cases make bad law.  And that is what had happened here:  faced with an unreasonable number of potentially asserted claims in litigation, and a Plaintiff not required to identify which of those...more

McDermott Will & Emery

Federal Circuit Sides with PTO on Applicant Delay in Patent Term Adjustment

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In a case explaining what comprises an “applicant delay” in the context of a patent term adjustment (PTA), the US Court of Appeals for the Federal Circuit sided with the US Patent and Trademark Office (PTO) ruling that the...more

Foley Hoag LLP - Environmental Law

DOE Must Promulgate Energy Efficiency Standards Finalized By the Obama Administration

Last week, the 9th Circuit Court of Appeals affirmed a District Court ruling requiring the Department of Energy to publish in the Federal Register four rules finalized by the Obama administration, but not previously...more

Knobbe Martens

An Improper Reply to a Final Office Action May Result in the Accrual of Applicant Delay for PTA Calculations

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INTRA-CELLULAR THERAPIES, INC v. IANCU - Before Wallach, Chen, and Hughes.  Appeal from the United States District Court for the Eastern District of Virginia. Summary:  If a proper reply to a final Office Action is not...more

Alston & Bird

Altera Redux – The Ninth Circuit Once Again Holds in Favor of the IRS

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The Ninth Circuit has repeated itself in reversing a unanimous Tax Court holding on the validity of the Treasury’s regulations under Section 482. Our International Tax Group examines the reconstituted panel’s significant...more

Jones Day

Post-Filing, Pre-Institution Merger Time-Bars Inter Partes Review

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In Power Integrations v. Semiconductor Components, the Federal Circuit ruled that privy and real-party-in-interest (RPI) relationships arising after a petition is filed but before institution may bar institution under section...more

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