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Discretionary Functions Judicial Review

Jackson Lewis P.C.

U.S. Supreme Court: No Judicial Review of Revoked Visa Petitions

Jackson Lewis P.C. on

The U.S. Supreme Court held in Bouarfa v. Mayorkas, No. 23-583 (Dec. 10, 2024), that one cannot appeal a U.S. Citizenship and Immigration Services (USCIS) revocation of an approved visa petition in federal court because such...more

Fox Rothschild LLP

“Fully Reviewable On Appeal”? Huh?

Fox Rothschild LLP on

I’ve spent a fair amount of time over the last few months working on the examination recently administered to those seeking to become North Carolina State Bar Board Certified Specialists in Appellate Practice. During my...more

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

Supreme Court Strikes Down PTAB Partial Institution Practice: If PTAB Institutes IPR, It Must Address All Challenged Claims in Any...

The Supreme Court has ruled by a narrow majority of 5-4 that the Patent Office’s regulation allowing for partial institution decisions in inter partes review is foreclosed by the text of 35 U.S.C. § 318(a). SAS Institute Inc....more

Littler

Germany: Court Holds Payment and Amount of Discretionary Bonuses are Subject to Judicial Review

Littler on

On August 3, 2016, Germany's Federal Labor Court ruled that while the payment of employee bonuses and their amounts are at the discretion of the employer, they are subject to full judicial review. Under this reinterpretation...more

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