By Sulaiman Abdur-Rahman | August 23, 2024
U.S. District Judge Loren L. AliKhan ruled in favor of five environmental organizations represented by Earthjustice, granting their motion to compel the administrative record and denying the EPA's motion for judgment on the pleadings.
By Maydeen Merino | August 22, 2024
Agency regulation and enforcement of a law banning price gouging would be "resource-intensive work that has a very uncertain capacity to deliver a good result," said former FTC Chair William Kovacic.
By Colleen Murphy | August 22, 2024
"There are certain things in the 2024 rule that, even if you are not adopting, the institution might still want to implement," said attorney Scott Goldschmidt. "But it is still unclear, and I think we will have to learn to live in the gray area."
By Jimmy Hoover | August 21, 2024
The tech giants have filed briefs urging the justices to close the "floodgates" of securities lawsuits the companies claim have been opened by the U.S. Court of Appeals for the Ninth Circuit.
By Avalon Zoppo | August 20, 2024
The U.S. Court of Appeals for the Fifth Circuit continues to set the stage for likely Supreme Court decisions on administrative law.
By Maria Dinzeo | August 20, 2024
"Unless the proceeding is enjoined, Kroger will suffer an immediate constitutional injury by being subjected to an illegitimate proceeding," Kroger says in the newly filed complaint.
By Jimmy Hoover | August 19, 2024
The EPA seized on an exception to the 'no-deference' rule in Loper Bright Enterprises Inc. v. Raimondo that applies when Congress has explicitly delegated a policy choice to an agency.
By James Palmer | August 19, 2024
The agency says the longtime activist investor failed to disclose that he and his company pledged billions of dollars in stock as collateral on margin loans.
By Sulaiman Abdur-Rahman | August 14, 2024
"Novartis has not established on the current record that it is likely to suffer irreparable harm if injunctive relief is not granted," U.S. District Judge Dabney L. Friedrich wrote in her memorandum opinion denying Novartis's motion for a preliminary injunction without prejudice.
By Jimmy Hoover | August 14, 2024
One way to do that is by what scholars call "narrowing" precedents, such as by limiting them almost exclusively to the factual circumstances in which they arose. Critics have disparaged this practice as a form of "stealth overruling."
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