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Expert news coverage and analysis of administrative law for legal professionals
By Max Mitchell | October 11, 2023
"We think it does raise a novel issue, but not one that the court can't address," Devlin said.
4 minute read
By Adolfo Pesquera | October 4, 2023
The facts of the underlying case involved a couple, Clyde and Dorothy Burt of Cleburne, who sold their residence to their daughter and were living in a rental before going to a nursing home. They then purchased a 50% interest in the home sold to the daughter, but the commission refused to recognize it as their home.
4 minute read
By Avalon Zoppo | October 2, 2023
Fifth Circuit judges grapple with whether a challenge to the EPA belongs in the D.C. Circuit.
4 minute read
By Allison Dunn | September 26, 2023
"Were plaintiff's members to pursue their reasonable, nonfrivolous constitutional claims through the CSRA's administrative process and fail to secure review in the Federal Circuit, it is possible that plaintiff would then be entitled to district court review; however, at this stage, this Court is satisfied that it lacks jurisdiction over plaintiff's claims," U.S. District Judge Leonie M. Brinkema wrote in a case of the National Association of Immigration Judges challenging the constitutionality of the 2021 speaking engagements policy of the Executive Office for Immigration Review.
5 minute read
By Avalon Zoppo | August 31, 2023
"If the SEC is going to take another swing at this pinata, it can't miss," one attorney said.
6 minute read
By Adolfo Pesquera | August 30, 2023
Referring to the plaintiffs' first claim, U.S. District Judge Jeremy D. Kernodle put an end to "ghost rates," a term used for calculating rates based on services providers have no intention to provide.
4 minute read
By Chris O'Malley | August 30, 2023
"These changes radically shift the legal landscape for companies," Morgan, Lewis & Bockius wrote in a note to corporate clients, and "make it much easier for unions to organize."
6 minute read
By Adolfo Pesquera | August 16, 2023
The FDA failed to consider the cumulative effect of removing several important safeguards at the same time, Circuit Judge Jennifer Walker Elrod said.
3 minute read
By Mason Lawlor | August 15, 2023
"It is possible [the plaintiff] contracted COVID-19 at work, even though great precautions were taken to prevent the virus's spread there, and even though she could identify no COVID-19-positive patient or coworker with whom she came in contact during the relevant time period," the appeals court wrote. "But it is also possible that she contracted the virus at Wal-Mart or somewhere else..."
4 minute read
By Avalon Zoppo | August 9, 2023
The circuit's standard for granting temporary injunctions unfairly favors the board, Chad Readler wrote in a concurring opinion.
5 minute read
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