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Veterans' Benefits

Arent Fox

FCC Announces Opening of Application Window for $100 Million Connected Care Pilot Program

Arent Fox on

Program Emphasizes Connected Care Services for Low-Income and Veteran Patients - In a Public Notice released today, the FCC announced that its “Connected Care Pilot Program” (Pilot Program) application filing window will...more

McDermott Will & Emery

Office of Federal Contract Compliance Programs Regulatory Changes: 3 Key Takeaways for Current TRICARE Providers

McDermott Will & Emery on

On July 2, 2020, the US Department of Labor’s Office of Federal Contract Compliance Programs (OFCCP) published its final rule amending regulations regarding the OFCCP’s authority over TRICARE healthcare providers with respect...more

Weiner Brodsky Kider PC

VA Provides Funding Fee Guidance to Lenders and Servicers

In a recent change to the VA Circular Letter 26-19-17 on May 22, 2020, the VA has revised the Lenders Handbook, Chapter 8, Topic 8, The VA Funding Fee, and updated Chapter 6, Refinancing, regarding Interest Rate Reduction...more

Hinshaw & Culbertson - The LHD/ERISA Advisor

The LHD/ERISA Advisor: First Circuit Affirms Offset of Claimant's LTD Benefits by Amount of His VA Benefits

The claimant, Martinez, was a disabled veteran who suffered from multiple sclerosis. In September 2010, Martinez became a participant in his employer's group LTD benefits plan (the "Plan"). When his health deteriorated in...more

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

Federal Circuit Appeals From The PTAB: Summaries of Key 2019 Decisions: Kisor v. Wilkie, 588 U.S. __, 139 S. Ct. 2400 (2019)

James Kisor, a Korean War Veteran, asked the Supreme Court to overrule a longstanding presumption that courts defer to an executive agency’s reasonable interpretation of its own regulation, a principle known as Auer...more

Chambliss, Bahner & Stophel, P.C.

Veterans Disability Benefits Now Protected in Bankruptcy Proceedings

Eliminating a cruel quirk in federal bankruptcy law, legislation signed into law by President Trump on August 23, 2019, protects veterans disability benefits from creditors in bankruptcy proceedings. "By protecting their...more

Womble Bond Dickinson

HAVEN ACT Provides Military Veterans With Increased Income Protections In Bankruptcy

Womble Bond Dickinson on

Military veterans often pay a heavy toll for their service from a physical, emotional and even financial standpoint. A new federal law— the Honoring American Veterans in Extreme Need Act of 2019 or the HAVEN Act— aims to...more

Weiner Brodsky Kider PC

VA Changes Recoupment, Net Tangible Benefit Rules for Some IRRRLs

The VA recently issued Circular Letter 26-10-22 to provide new guidance on the scope and implementation of statutory restrictions on Interest Rate Reduction Refinance Loans (IRRRLs) enacted last year in Section 309 of the...more

White & Case LLP

Kisor Deference: The New Judicially-Driven Auer Deference

White & Case LLP on

A divided Supreme Court changed the landscape of administrative law in a recent decision, Kisor v. Wilkie. In Kisor, a slim majority declined to overrule Bowles v. Seminole Rock & Sand Co., Auer v. Robbins and related cases,...more

Weiner Brodsky Kider PC

SCOTUS: Auer Deference Stays Alive Despite Narrow Application

In a splintered 5-4 decision, the U.S. Supreme Court recently declined to overrule its prior precedent in Auer v. Robbins,519 U.S. 452 (1997), in which the Court declared the long-standing doctrine that requires courts...more

Jackson Lewis P.C.

What Supreme Court On Deference To Agency Interpretations May Mean

Jackson Lewis P.C. on

Courts’ deference to agency interpretations of their own statutes and regulations has been a mainstay of administrative law. The Chevron Doctrine has since 1984 provided that courts should put a “thumb-on-the-scales in favor...more

King & Spalding

United States Supreme Court Limits Deference Standard in Kisor v. Wilkie Decision

King & Spalding on

On June 26, 2019, the United States Supreme Court issued its decision in Kisor v. Wilkie. After hearing oral arguments in March, the Court considered whether to overrule the Auer deference standard, the long-standing doctrine...more

K&L Gates LLP

Declining to Overrule a Long-Standing Agency Deference Doctrine, the Supreme Court Nonetheless Cautions That its Limitations...

K&L Gates LLP on

Federal agencies issue hundreds of significant rules each year, affecting virtually all aspects of U.S. economic activity. For decades, businesses, consumers, environmental and labor groups, and others have challenged these...more

SmithAmundsen LLC

United States Supreme Court Confirms And Limits Court’s Deference To Agency Guidance

SmithAmundsen LLC on

On June 26, 2019, the U.S. Supreme Court confirmed the continued viability of Auer deference, an interpretive doctrine that requires courts to defer to an agency’s reasonable reading of a genuinely ambiguous regulation. In...more

Bryan Cave Leighton Paisner

U.S. Supreme Court Limits Judicial Deference To Administrative Agency Interpretation of Their Own Ambiguous Rules

On June 26, 2019, the United States Supreme Court declined to overturn the Auer doctrine, leaving in place, for now, judicial deference to an agency’s interpretation of its own regulations. Kisor v. Wilkie, 2019 WL 2605554,...more

Blank Rome LLP

Leveling the Playing Field against Federal Agency Regulatory Interpretation: The Supreme Court’s Kisor Decision and the U.S....

Blank Rome LLP on

Last month, the Supreme Court in Kisor v. Wilkie, 139 S.Ct. 2400 (2019) upheld what is known in administrative law as Auer deference: the age-old principle that a court should defer to an agency when the agency is...more

Pillsbury - Gravel2Gavel Construction & Real...

A Recap of the Supreme Court’s 2019 Summer Slate

As usual, the last month of the Supreme Court’s term generated significant rulings on all manner of cases, possibly presaging the new directions the Court will be taking in administrative and regulatory law....more

Beveridge & Diamond PC

Who Gets to Decide What an Agency Meant? U.S. Supreme Court Places Limits on Agency Deference

In a 5-4 decision, the United States Supreme Court has ruled that governmental agencies are still entitled to deference in interpreting their own regulations—but only where those regulations are “genuinely ambiguous.” Kisor...more

Ogletree, Deakins, Nash, Smoak & Stewart,...

Supreme Court Keeps Auer, but Dilutes Its Power

On June 26, 2019, in Kisor v. Wilkie, the Supreme Court of the United States declined to overrule its prior decisions in Auer v. Robbins, 519 U.S. 452 (1997) and Bowles v. Seminole Rock & Sand Co., 325 U.S. 410 (1945). These...more

Constangy, Brooks, Smith & Prophete, LLP

Supreme Court Rewrites The Rules For Judicial Deference To Agency Interpretations

The bête-noir of conservative jurisprudence is the “administrative state,” fueled by judicial doctrines affording various degrees of deference to administrative regulations, interpretive guidelines, and pronouncements. Last...more

Morgan Lewis - Health Law Scan

The Zombification of Auer: Supreme Court Cabins Agency Deference in Kisor v. Wilkie

Paired with the recent decision in Azar v. Allina, the healthcare industry in particular can hope for a greater voice in the regulatory process in the wake of the US Supreme Court’s directives. With Allina’s requirement that...more

McDermott Will & Emery

SCOTUS Creates Opportunities to Challenge Administrative Regulation: Implications of Kisor v. Wilkie

McDermott partners Paul W. Hughes and Michael B. Kimberly, co-chairs of the Firm’s Supreme Court & Appellate Litigation practice, represented James Kisor in the recent Supreme Court case Kisor v. Wilkie, with Paul arguing the...more

Bricker & Eckler LLP

Supreme Court declines to overrule Auer deference

Bricker & Eckler LLP on

On June 26, 2019, the U.S. Supreme Court issued a decision in Kisor v. Wilkie, and the result is a mixed bag for companies subject to federal regulation. While the Court declined to overrule Auerdeference — the doctrine...more

Jackson Lewis P.C.

U.S. Supreme Court Upholds Agency-Deference Under Auer, But Weakened Doctrine Emerges

Jackson Lewis P.C. on

By the thinnest of margins, a majority of the U.S. Supreme Court has declined to overrule the so-called Auer (or Seminole Rock) deference doctrine, under which courts defer to an agency’s reasonable interpretation of its own...more

Franczek P.C.

Supreme Court Kisor Decision Has Implications for Employers

Franczek P.C. on

This week, the United States Supreme Court issued a decision in Kisor v. Wilkie, a case seeking to overturn prior precedent requiring deference to federal agencies’ interpretations of their regulations. The case involved a...more

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JD Supra Privacy Policy

Updated: May 25, 2018:

JD Supra is a legal publishing service that connects experts and their content with broader audiences of professionals, journalists and associations.

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Information for EU and Swiss Residents

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Privacy Officer
JD Supra, LLC
10 Liberty Ship Way, Suite 300
Sausalito, California 94965

You can also manage your profile and subscriptions through our Privacy Center under the "My Account" dashboard.

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Privacy Officer
JD Supra, LLC
10 Liberty Ship Way, Suite 300
Sausalito, California 94965

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Changes in Our Privacy Policy

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Contacting JD Supra

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Updates to This Policy

We may update this cookie policy and our Privacy Policy from time-to-time, particularly as technology changes. You can always check this page for the latest version. We may also notify you of changes to our privacy policy by email.

Contacting JD Supra

If you have any questions about how we use cookies and other tracking technologies, please contact us at: privacy@jdsupra.com.

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