By Tom McParland | April 20, 2020
U.S. District Judge Alison Nathan of the Southern District of New York, said courts had power to ability to grant compassionate release amid the COVID-19 pandemic, even if a prisoner had not exhausted administrative remedies.
By Scott Graham | April 20, 2020
Whether a petitioner acted within a year of being sued is not reviewable by Article III courts, the justices rule in 7-2 decision.
By Dara Kam | April 16, 2020
Administrative Law Judge John Van Laningham's suspension for misconduct and insubordination "threatens to undermine two foundational [tenets] of Florida administrative law: transparency and judicial independence," his lawyers argue.
By Jim Saunders | April 14, 2020
Special Master Paul Kelly has said that Florida has not adequately shown that Georgia's water use caused problems in the Apalachicola River and Apalachicola Bay.
New Jersey Law Journal | Commentary
By Lewis Goldshore | April 13, 2020
While the state's environmental protection efforts over the past 50 years have been impressive, considerable work remains ahead. If history provides us with any guidance, New Jersey will continue to be at the forefront and serve as a national leader concerning these efforts.
By Dara Kam | April 6, 2020
The five-day suspension of Administrative Law Judge John Van Laningham stemmed from two footnotes he included in a March 13 recommended order concerning improper "ex parte communications" in a case involving Calder Race Course Inc.
By Marcia Coyle | April 2, 2020
The dispute confronts provisions of the Equal Access to Justice Act, a law that allows "prevailing party" plaintiffs in certain instances to recoup litigation fees in cases involving federal agencies.
New York Law Journal | Analysis
By F. Paul Greene | March 31, 2020
A hallmark of U.S. administrative law is that policy decisions are made by the Legislature, with gaps filled in via regulation. Administrative agencies are given discretion and courts show special deference to an agency's area of expertise. In the arena of data protection, this separation of powers is being put to the test and causing confusion for businesses seeking to comply with data protection duties.
By Scott Graham | March 30, 2020
The CARES Act gives the PTO director authority to extend deadlines in patent prosecutions, trademark registrations and America Invents Act trials. But it's not clear yet if Andrei Iancu plans to use it.
By Scott Graham | March 25, 2020
"Default is the only appropriate remedy here," ITC Administrative Law Judge Cameron Elliot concluded after reviewing SK Innovation's spoliation of evidence in a trade secrets action.
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