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Supreme Court of the United States › Administrative Procedure

The United States Supreme Court is the highest court of the United States and is charged with interpreting federal law, including the United States Constitution. The Court's docket is largely discretionary... more +
The United States Supreme Court is the highest court of the United States and is charged with interpreting federal law, including the United States Constitution. The Court's docket is largely discretionary with only a limited number of cases granted review each term.  The Court is comprised of one chief justice and eight associate justices, who are nominated by the President and confirmed by the Senate to hold lifetime positions. less -
Fish & Richardson

How the Timing of Director Review May Affect Co-Pending Litigation

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Director Review at the Patent Trial and Appeal Board (PTAB) remains a hot topic in patent law. The Director first established an interim process for Director Review in the wake of the Supreme Court’s 2021 decision in United...more

Genova Burns LLC

Supreme Court Agrees To Resolve Circuit Court Conflict Over Standard For Section 10(j) Injunction In Unionization Efforts...

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The boiling dispute over the unionization of baristas is heading to the Supreme Court. Section 10(j) of the National Labor Relations Act authorizes federal courts to issue preliminary injunctions against employers that are...more

BCLP

Certification of Collective Actions in the CAT

BCLP on

To bring a collective competition action in the Competition Appeal Tribunal (“CAT”), a proposed class representative first has to have their claim certified by the CAT. The CAT’s approach to certification is therefore an...more

Kramer Levin Naftalis & Frankel LLP

Supreme Court Grants Certiorari to Determine Constitutionality of SEC Administrative Law Process

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On June 30, 2023, the Supreme Court granted certiorari in Securities and Exchange Commission v. Jarkesy to review a decision by the Fifth Circuit rejecting key aspects of the Securities and Exchange Commission’s (SEC or the...more

A&O Shearman

Supreme Court Holds That Structural Challenges To Agency Administrative Proceedings May Be Brought Directly In Federal Court

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On April 14, 2023, the United States Supreme Court issued a unanimous decision in the consolidated cases of Axon Enterprises Inc. v. FTC and SEC v. Cochran, finding that constitutional challenges to the ability of the Federal...more

Fisher Phillips

SCOTUS Delivers a Win for Businesses Challenging Federal Agency Actions: 4 Key Takeaways for Employers

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The Supreme Court recently handed a victory to employers by giving them more tools to challenge federal agencies during administrative proceedings. Employers likely know how daunting it can seem to challenge federal officials...more

Constangy, Brooks, Smith & Prophete, LLP

SCOTUS endorses "existential" challenge to administrative agencies

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Labor lawyers, take note. Last week, the U.S. Supreme Court issued a decision that doesn’t address employment law directly, but it certainly does indirectly. Labor lawyers in particular need to watch this. In Axon...more

Miller Canfield

Procedural Actions Following the Supreme Court Remand in Boechler

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Key Takeaways: ..In Boechler P.C., v. Commissioner (“Boechler”), the Supreme Court held that the thirty-day period to petition the Tax Court for review of an adverse determination by the IRS Appeals Office in a collection...more

Venable LLP

Federal Trade Commission Goes to the Supreme Court Again, This Time in a Constitutional Challenge

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If you had asked us last week, we would have predicted that the Supreme Court’s momentous AMG Capital Management, LLC v. FTC decision last year, in which the Court struck down the Federal Trade Commission’s nearly 50-year...more

Dorsey & Whitney LLP

The Supreme Court - January 24, 2022

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Students for Fair Admissions v. President and Fellows of Harvard; Students for Fair Admissions v. University of North Carolina, Nos. 20-1199, 21-707:  These cases, involving the interpretation of the Equal Protection Clause...more

Genova Burns LLC

The Biden Administration’s Health Insurance Priorities

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The Biden Administration wasted no time in implementing some of the new President’s campaign promises relating to health insurance and the Affordable Care Act (“ACA”). First, on February 10 the Department of Justice filed a...more

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

PTAB Strategies and Insights - October 2020

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The PTAB Strategies and Insights newsletter provides timely updates and insights into how best to handle proceedings at the USPTO. It is designed to increase return on investment for all stakeholders looking at the entire...more

Sheppard Mullin Richter & Hampton LLP

Supreme Court to Decide Constitutionality of PTAB Judge Appointments

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The Supreme Court granted and consolidated three petitions for writs of certiorari to hear two questions regarding the constitutionality of Administrative Patent Judge (APJ) appointments under the Appointments Clause.  These...more

ArentFox Schiff

Southern District of New York Partially Vacates Department of Labor's Joint Employer Rule

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It’s not uncommon for a worker to perform services for an employer – A – that simultaneously benefit another person – B. (Under the FLSA, “person” means “any individual, partnership, association, corporation, business...more

McDonnell Boehnen Hulbert & Berghoff LLP

Smith & Nephew File Certiorari Petition in Arthrex Case

McDonnell Boehnen Hulbert & Berghoff LLP on

While the Federal Circuit's decision last fall in Arthrex, Inc. v. Smith & Nephew, Inc. raised issues about the appointment of Administrative Patent Judges (APJs) serving on the Patent Trial and Appeal Board (PTAB), it should...more

Fisher Phillips

Supreme Court Ruling Clears Way For $350K Religious Bias Jury Award

Fisher Phillips on

Following a decision by the U.S. Supreme Court several months ago allowing a former employee to pursue a religious discrimination claim, a Texas federal jury recently ordered her former employer to pay her $350,000. The...more

Sheppard Mullin Richter & Hampton LLP

Supreme Court Punts On Whether FCC’s Interpretation of the TCPA Binds Federal Courts

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At the end of the Supreme Court’s most recent term, the Court released its long-awaited ruling in PDR Network, LLC v. Carlton & Harris Chiropractic, Inc., 139 S. Ct. 2051 (June 20, 2019)—a case that could have carried...more

Amundsen Davis LLC

U.S. Supreme Court Decision Leaves Uncertainty For Navigating TCPA Landmines

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The Telephone Consumer Protection Act (TCPA) prohibits unsolicited calls, text messages and faxes; it’s a federal statute that provides for statutory damages between $500-$1,500 per violation. With the speed and ease (and...more

Baker Donelson

SCOTUS Punts on TCPA Guidance

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In its long-awaited ruling addressing whether the Administrative Orders Review Act (Hobbs Act) requires district courts to accept the FCC's legal interpretations of the Telephone Consumer Protection Act (the TCPA), the...more

Hinshaw & Culbertson LLP

U.S. Supreme Court Balks on Judicial Deference to FCC in TCPA Case, While Concurrence Led by Justice Kavanaugh Looks to Swing

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TCPA litigators have been closely monitoring the U.S. Supreme Court's docket waiting for a ruling in the PDR Network case. At stake is what kind of judicial deference should be given to the FCC's interpretation of the...more

Manatt, Phelps & Phillips, LLP

Supreme Court Leaves Unanswered Whether District Courts Must Defer to FCC’s Interpretations

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On June 20, the U.S. Supreme Court remanded for consideration to the U.S. Court of Appeals, Fourth Circuit two preliminary questions antecedent to the main issue of whether federal district courts must defer to the Federal...more

Ballard Spahr LLP

SCOTUS Punts on Whether FCC's TCPA Interpretations Bind District Courts

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In November 2018, the U.S. Supreme Court had granted certiorari in PDR Network, LLC v. Carlton & Harris Chiropractic, Inc., to decide whether the Hobbs Act required the district court to accept the Federal Communications...more

Kelley Drye & Warren LLP

The Impact of PDR Network LLC v. Carlton & Harris Chiropractic

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Are district courts prohibited in every instance from considering challenges to the Federal Communication Commission (“FCC”)’s interpretation of certain provisions in the Telephone Consumer Protection Act – or can district...more

Perkins Coie

Supreme Court Opens New Line of Attack on Federal Agency Interpretations of Federal Law

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In a recent decision, the U.S. Supreme Court held that a federal district court was not necessarily bound by the Federal Communications Commission’s prior interpretation of a federal statute over which the agency has...more

Jackson Lewis P.C.

U.S. Supreme Court Leaves Open Issue of Federal Communication Agency Interpretation Of TCPA, For Now

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Dodging the question of whether the Hobbs Act requires a federal court to accept the 2006 Federal Communication Commission (FCC) Order that provides the legal interpretation for the Telephone Consumer Protection Act (TCPA),...more

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