Legal Implications of the Supreme Court's Ruling on Universal Injunctions
The Presumption of Innocence Podcast: Episode 65 -The Power of Interpretation: Constitutional Meaning in the Modern World
The Presumption of Innocence Podcast: Episode 64 - Cages We Built: The Making of Mass Incarceration in America
Solicitors General Insights: A Deep Dive With Mississippi and Tennessee Solicitors General — Regulatory Oversight Podcast
Consumer Finance Monitor Podcast Episode: Prof. Hal Scott Doubles Down on His Argument That CFPB is Unlawfully Funded Because of Combined Losses at Federal Reserve Banks
Hospice Insights Podcast - What a Difference No Deference Makes: Courts No Longer Bow to Administrative Agencies
False Claims Act Insights - How a Marine Fisheries Dispute Opened an FCA Can of Worms
The Loper Bright Decision - What Really Happened to Chevron and What's Next
Taking the Pulse, A Health Care and Life Sciences Video Podcast | Episode 210: Impacts of the Chevron Doctrine Ruling with Mark Moore and Michael Parente of Maynard Nexsen
Consumer Finance Monitor Podcast Episode: The Demise of the Chevron Doctrine – Part II
Consumer Finance Monitor Podcast Episode: The Demise of the Chevron Doctrine – Part I
In That Case: Loper Bright Enterprises v. Raimondo
Regulatory Uncertainty: Benefits-Related Legal Challenges in a Post-Chevron World — Troutman Pepper Podcast
The End of Chevron Deference: Implications of the Supreme Court's Loper Bright Decision — The Consumer Finance Podcast
Down Goes Chevron: A 40-Year Precedent Overturned by the Supreme Court – Diagnosing Health Care
#WorkforceWednesday® - Chevron Deference Overturned - Employment Law This Week®
AGG Talks: Healthcare Insights Podcast - Episode 3: The Future of Agency Deference in Healthcare Regulation
Consumer Finance Monitor Podcast Episode: Supreme Court Hears Two Cases in Which the Plaintiffs Seek to Overturn the Chevron Judicial Deference Framework: Who Will Win and What Does It Mean? Part II
Consumer Finance Monitor Podcast Episode: Will Chevron Deference Survive in the U.S. Supreme Court? An Important Discussion to Hear in Advance of the January 17th Oral Argument
Podcast: Chevron Deference: Is It Time for Change? - Diagnosing Health Care
In trademark infringement litigation, the form of monetary relief a plaintiff requests can determine whether the case is decided by a jury or a judge. This procedural distinction has real consequences, and a new request has...more
The Supreme Court of the United States’ decision last week in Esteras v. United States restricted the factors lower courts may consider in imposing prison sentences following supervised release revocations. Those awaiting the...more
On Monday, June 16, 2025, the U.S. Supreme Court granted certiorari in Chevron U.S.A. Inc. v. Plaquemines Parish, a case about the extent to which federal contractors can remove lawsuits to federal court under the federal...more
On June 20, 2025, the Supreme Court of the United States issued six decisions: Diamond Alternative Energy, LLC v. Environmental Protection Agency, No. 24-7: This case addresses fuel producers’ Article III standing to...more
On June 5, 2025, the U.S. Supreme Court dismissed as improvidently granted the writ of certiorari in Laboratory Corporation of America Holdings v. Luke Davis, No. 22-55873, which raised whether a federal court may certify a...more
On June 6, 2025, the Supreme Court of the United States granted certiorari in four cases: Coney Island Auto Parts Unlimited, Inc. v. Burton, No. 24-808: This case concerns the applicability of the “reasonable time”...more
We’ve written previously about courts’ differing approaches to ascertainability — an implicit requirement under Rule 23 that class members must be identifiable. A pending petition for certiorari in Career Counseling, Inc. v....more
In a significant ruling, the Supreme Court affirmed the authority of the Bureau of Alcohol, Tobacco, Firearms, and Explosives (ATF) to regulate weapon parts kits and unfinished frames or receivers as “firearms” under the Gun...more
The Supreme Court’s decision clarifies the civil damages provision of the Racketeer Influenced and Corrupt Organizations (RICO) Act. On April 2, 2025, the Supreme Court issued a decision in Medical Marijuana, Inc. v. Horn,...more
Today, the Supreme Court of the United States granted certiorari in two cases: Ellingburg v. United States, No. 23-3129: This case addresses the Ex Post Facto Clause of the U.S. Constitution, which the government...more
On March 7, a cert petition was filed at the U.S. Supreme Court challenging a decision by the U.S. Court of Appeals for the Fifth Circuit on the CFPB’s payday lending rule. The petitioner, a financial services trade...more
The Supreme Court of the United States issued one decision today: Andrew v. White, No. 23-6573: In this case, the Court addressed whether the State violated petitioner Brenda Andrew’s due process rights when, during her...more
This white paper discusses FCC v. Consumers’ Research, a case now set for consideration by the U.S. Supreme Court, along with a review and analysis of the major impact it may have on how and when Congress may permissibly...more
The U.S. Supreme Court has agreed to consider a case that could clarify whether the Hobbs Act, which limits judicial review of FCC final orders to appeals courts, means that district courts must accept the FCC’s...more
Not surprisingly, the Supreme Court overturned the "Chevron deference" principle from its 1984 Chevron U.S.A., Inc. v. Natural Resources Defense Council, Inc. decision in Loper Bright Enterprises v. Raimondo (and it did so...more
Today, the Supreme Court of the United States granted certiorari in two cases: Garland v. VanDerStok, No. 23-852: This administrative law and statutory interpretation case concerns the federal government’s ability to...more
Last month, I moderated a live and virtual program at the American Bar Association Business Law Section 2023 Fall Meeting in Chicago. The program was entitled: “U.S. Supreme Court to Revisit Chevron Deference: What the...more
Chevron deference is squarely in the U.S. Supreme Court’s crosshairs. The Court has had on its October docket an appeal in Loper Bright Enterprises v. Raimondo, which challenges the long-standing doctrine. First established...more
Last Friday, the U.S. Supreme Court agreed to hear a second case, Relentless, Inc. v. U.S. Department of Commerce, in which the question presented is whether the Court should overrule its 1984 decision in Chevron, U.S.A.,...more
The Supreme Court just began a new term, and we’re watching several cases that will likely have a big impact on the workplace. Specifically, the Court will weigh in on whether someone can “test” violations of federal...more
On the surface, a dispute over whether small fishing businesses should be required to pay for onboard monitors to observe their catch would not appear to be a potential game-changer for administrative law. But when the...more
Earlier this week, the Supreme Court accepted cert. in Lopez Bright Enterprises v. Raimondo, which presents a straightforward challenge to the continuing viability of Chevron...more
The United States Supreme Court recently granted certiorari in a pair of cases out of the Seventh Circuit that will finally resolve a longstanding circuit split on the question of “scienter” under the False Claims Act...more
On Friday, January 13, the Supreme Court agreed to consider whether the False Claims Act (“FCA”) covers compliance lapses tied to regulatory interpretations that are incorrect but “objectively reasonable.” The Supreme Court...more
In 1984, the Supreme Court ruled unanimously that courts must defer to an administrative agency’s reasonable interpretation of an ambiguous statute. But last year, the Supreme Court stripped the FTC of its ability to seek...more