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July 02, 2024 | New York Law Journal

The Demise of 'Chevron' Deference

On June 28, the Supreme Court overruled 'Chevron', holding that the APA requires courts to exercise their independent judgment in deciding whether an agency has acted within its statutory authority, and courts may not defer to an agency interpretation of the law because a statute is ambiguous. It is difficult to overstate the significance of this watershed decision.
10 minute read
June 27, 2024 | New Jersey Law Journal

Appellate Division Rejects Hospitals' Unconstitutional Takings Challenge to Charity Care Statute

"After a thorough review of all plaintiffs' constitutional taking claims, we conclude that the record shows no per se taking, nor does a balancing of the Penn Central factors reveal a regulatory taking," Judge Morris G. Smith said. "We affirm the trial court's order granting defendants' motion for summary judgment against all plaintiffs."
5 minute read
June 27, 2024 | Law.com

AstraZeneca Sues an Attorney General as Big Pharma Challenges Rise

"Exploiting a loophole in the federal 340B drug program—a program intended to benefit the needy—[pharmaceutical companies] have in recent years begun imposing their will on Mississippi medical providers and pharmacies," the defendant contended.
4 minute read
June 24, 2024 | Connecticut Law Tribune

'End of the Road'? SCOTUS Won't Hear Challenge to Connecticut Vaccine Law

"It is a classic battle of church vs. state," said Brian Festa, vice president and co-founder of We The Patriots USA, one of the plaintiffs.
4 minute read
June 24, 2024 | New Jersey Law Journal

Bar Report — June 24, 2024

The NJSBA's weekly report.
6 minute read
Law Journal Press | Digital Book Health Care Fraud: Enforcement and Compliance Authors: James F. Barger, Jr., J. Elliott Walthall, Elise May Frohsin, Benjamin P. Bucy View this Book

View more book results for the query "US Department of Health and Human Services"

June 21, 2024 | National Law Journal

'Mixed Bag': 5th Circuit Sides With Christian-Owned Businesses in ACA Care Case, Lifts Nationwide Block

"Though this case concerns federal law and necessarily implicates concerns of nationwide uniformity, it does not fall into one of the narrow categories that we have previously identified as particularly appropriate for universal injunctive relief," the appeals court held.
4 minute read
June 12, 2024 | New Jersey Law Journal

How Will the Federal Reclassification of Marijuana Affect New Jersey's Cannabis Industry?

"After nearly 55 years, it appears the federal government is catching up with the times and will recognize that marijuana has an accepted medical use," write Michael F. Schaff and Jennie M. Miller.
7 minute read
June 11, 2024 | Daily Report Online

Election Pits Gwinnett Judge Regina Matthews Against Lawyer Tuwanda Rush Williams

Voters to decide between Gwinnett County Magistrate Judge Regina Matthews and Thompson O'Brien Kappler & Nasuti of counsel Tuwanda Rush Williams during June 18 runoff election.
14 minute read
June 06, 2024 | National Law Journal

Divided Supreme Court Sides With Tribes in Dispute Over Health Care Reimbursements

"Aside from being inconsistent with the statute's text, IHS's [the Indian Health Service's] failure to cover contract support costs for healthcare funded by program income inflicts a penalty on tribes for opting in favor of greater self-determination," Chief Justice Roberts Jr. wrote for the majority.
6 minute read
June 05, 2024 | Daily Report Online

McDermott Taps King & Spalding Lawyer to Grow White-Collar Group in Atlanta

Amy Bentsen (Boring) is the firm's first white-collar criminal defense and investigations partner to be based in McDermott's 4-year-old Atlanta office.
4 minute read

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