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Stare Decisis

Lathrop GPM

Michigan Precedent on Michigan Franchise Investment Law Held to Trump Inconsistent Sixth Circuit Precedent on Private Right of...

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A federal court in Michigan recently granted several related franchisors’ motions to dismiss a franchisee’s claims for violations of the Michigan Franchise Investment law. Benjamin Franklin Franchising SPE LLC v. David...more

Holland & Knight LLP

What's Next for the Regulatory Landscape Post-Chevron?

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For nearly 40 years and in more than 18,000 judicial opinions, federal courts have used the Chevron doctrine to defer to an agency's reasonable interpretation of an ambiguous statute. On June 28, 2024, the U.S. Supreme Court...more

Venable LLP

Impact of Loper Bright on International Trade Issues

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Recently, Venable's Government Division offered its general thoughts on the fallout from the Supreme Court's reversal of the long standing Chevron deference principle. Here, the International Trade and Logistics Group offers...more

Venable LLP

Healthcare Impacts in a Post-Chevron World

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The Supreme Court's landmark June 28, 2024 decision in Loper Bright Enterprises v. Raimondo abandoned the Chevron doctrine after 40 years of deferring to agency interpretations of ambiguous laws. As previewed in our June 28...more

Bricker Graydon LLP

U.S. Supreme Court Overrules The Chevron Doctrine

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For 40 years, the federal courts have deferred to the statutory construction adopted by administrative agencies where an authorizing statute was either ambiguous or left a gap that required further interpretation. In such...more

Latham & Watkins LLP

US Supreme Court Overrules Chevron Deference to Agencies in Loper Bright and Relentless

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The decision establishes that courts, not federal regulatory agencies, have final authority over the meaning of federal laws implicating those agencies and the limits on their authority. On June 28, 2024, the US Supreme...more

Womble Bond Dickinson

Supreme Court Overrules Chevron in Far-Reaching Decision Limiting the Power of Administrative Agencies

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On June 28, 2024, the Supreme Court issued its eagerly anticipated rulings in Loper Bright Enterprises v. Raimondo and Relentless, Inc. v. Department of Commerce and explicitly overruled the doctrine of “Chevron deference,”...more

Dorsey & Whitney LLP

The Supreme Court Update - June 28, 2024

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The Supreme Court of the United States issued four decisions today: Loper Bright Enterprises v. Raimondo, No. 22-451; Relentless v. Department of Commerce, No. 22-1219: These cases, decided in a single opinion, address...more

Holland & Knight LLP

Supreme Court Overrules Chevron Deference, Lets Courts Exercise Their Own Independent Judgment

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The U.S. Supreme Court overruled Chevron deference in its decision in Loper Bright Enterprises v. Raimondo on June 28, 2024. Chevron – a central doctrine of administrative law – had stood since 1984....more

WilmerHale

With Chevron Gone What Comes Next?

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The Supreme Court took the long-anticipated step of overruling Chevron U. S. A. Inc. v. Natural Resources Defense Council, Inc., 467 U. S. 837 (1984). The majority decision in Loper Bright Enterprises v. Raimondo means that...more

Miller Canfield

The End of Chevron: Administrative Power Shifts to the Courts

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The United States Supreme Court has effectively vanquished the Chevron doctrine, which has governed the power of federal agencies to interpret federal statutes for the last 40 years. In recent years, the Chevron doctrine has...more

Parker Poe Adams & Bernstein LLP

Key Takeaways for Heavily Regulated Industries From the Supreme Court's Chevron Ruling

Forty years ago, the Supreme Court adopted a doctrine that has allowed federal agencies to make the final call on interpreting ambiguous laws. Today, the court overruled that doctrine and held that courts, not agencies, are...more

Venable LLP

Supreme Court Overrules Chevron: Agency Deference in Flux

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In a monumental opinion issued today, the U.S. Supreme Court in Loper Bright Enterprises v. Raimondo overruled Chevron U.S.A. Inc. v. Natural Resources Defense Council, Inc., holding (6-3) that deference to an agency's...more

BakerHostetler

Supreme Court Overrules ‘Chevron’ Deference to Agencies

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Note from your Adventures In Law Blog editors: Well, just today the Supreme Court overruled the Chevron case in Loper Bright, which provided deference to agency interpretations of ambiguous law in the statutes they...more

Holland & Knight LLP

U.S. Supreme Court May Soon Discard or Modify Chevron Deference

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For nearly 40 years and in more than 18,000 judicial opinions, federal courts have used the Chevron doctrine to defer to an agency's reasonable interpretation of an ambiguous statute. Under the doctrine, named for the 1984...more

Holland & Knight LLP

IRS Authority to Assess Certain Foreign Information Return Penalties Restored by D.C. Circuit

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The U.S. Court of Appeals for the District of Columbia Circuit (D.C. Circuit) on May 3, 2024, reversed the U.S. Tax Court (USTC) in Alon Farhy v. Commissioner, No. 23-1179 (D.C. Cir. May 3, 2024) by holding that...more

BCLP

Former Traders Tom Hayes and Carlo Palombos LIBOR Convictions Upheld by Court of Appeal

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R v TOM HAYES & CARLO PALOMBO [2024] EWCA 304 On 27 March 2024, the Court of Appeal (Bean & Popplewell LJJ, Bryan J) dismissed the appeals against conviction following referrals of the appeals to the Court of Appeal by the...more

Hicks Johnson

Supreme Court Takes on the Chevron Doctrine

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On January 17, 2024, the Supreme Court heard oral arguments in tandem cases Loper Bright Enterprises v. Raimondo and Relentless, Inc., et al. v. Dept. of Commerce, et al., which ask whether the court should overrule one of...more

Epstein Becker & Green

Jurisdictional or Nonjurisdictional? That Is the Question: SCOTUS Today

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The Supreme Court issued a single opinion yesterday. Wilkins v. United States concerns a property rights dispute between the federal government and two owners of land near the Bitterroot National Forest in rural Montana to...more

McDonnell Boehnen Hulbert & Berghoff LLP

Alternative Reasoning for Supreme Court's Life Sciences Subject Matter Eligibility Jurisprudence

Last week, IP Law360 published an erudite and provocative article by Joseph Matal and his colleagues regarding the Supreme Court's recent subject matter jurisprudence in the context of earlier decisions in the 19th and early...more

Dorsey & Whitney LLP

Blood May be Thicker than Water, but is it Thicker than Federal Trademark Rights? One Family’s Relationship Tested at the USPTO

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​​​​​​​Slovenian-born Luka Doncic became a professional basketball player at the young age of sixteen years old and the towering height of 6’7”. He quickly made a name for himself, leading his Spanish team Real Madrid to the...more

Warner Norcross + Judd

Stare Decisis: Dress Codes, Union T-Shirts and the NLRB

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The vocabulary phrase for today’s episode of Warner Employment News From the Law Shanty is “stare decisis.” Steve addresses the recent National Labor Relations Board case, Tesla Inc., 370 NLRB (2022), involving employees...more

Goodwin

Abortion in a Post-Roe World

Goodwin on

​​​​​​​The U.S. Supreme Court’s recent decision in Dobbs v. Jackson Women's Health Organization held that the U.S. Constitution does not confer a right to pre-viability abortion. The decision has created significant confusion...more

Akin Gump Strauss Hauer & Feld LLP

[Podcast] 2022 SCOTUS Wrapup and Preview

In this special episode, Akin Gump Supreme Court and appellate practice head Pratik Shah and senior counsel Aileen McGrath discuss the momentous 2021 Supreme Court Term and look at notable upcoming cases in the October 2022...more

Skadden, Arps, Slate, Meagher & Flom LLP

Delaware Supreme Court Issues Two Opinions Simplifying Delaware Law on Derivative Claims

In one week, the Delaware Supreme Court handed down two important opinions simplifying Delaware law on derivative claims. On September 23, 2021, in United Food and Commercial Workers Union and Participating Food Industry...more

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