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National Law Journal

'Loper' Deference? EPA Cites Recent Supreme Court Ruling to Defend Power Plant Rule

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.
4 minute read

National Law Journal

'Irreparable Harm'?: US Judge Denies Big Pharma Motion to Halt FDA-Approved Generic Drug

"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.
3 minute read

National Law Journal

Dead or Alive? How the Supreme Court Narrows, Without Overruling, Precedent

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."
7 minute read

National Law Journal

Justices Face Mounting Calls to Nix 89-Year-Old Precedent Upholding Agency Independence

After the court's June ruling overturning 40 years of deference to regulatory agencies, the "Humphrey's Executor" precedent has emerged as public enemy No. 1 of the anti-administrativist legal movement.
5 minute read

Texas Lawyer

D.C. Circuit Stops Texas LNG Projects, Blames FERC's 'Insufficient' Review

Two multi-billion dollar liquified natural gas projects have been put on hold because of a court ruling that FERC turned in an insufficient report.
4 minute read

National Law Journal

Not So Fast: The Supreme Court Did Not Finish Its Work in 'SEC v. Jarkesy'

The high court's failure to address all questions presented in the case will result in much more litigation and uncertainty for private parties and many administrative agencies.
4 minute read

National Law Journal

Justice Kagan Emerges as the Supreme Court's Unflinching Critic

At a time when the court's approval rating has sagged to near-historic lows, Elena Kagan has appeared sympathetic to progressive and Democratic critics who see the current court as driven by a conservative agenda.
6 minute read

New Jersey Law Journal

Indemnification of Board Member-Plaintiffs Must Be Expressly Stated, NJ Supreme Court Says

We agree with the court's opinion and welcome it as a good tutorial on the law of contracts in the context of indemnification for first- and third-party claims.
6 minute read

New York Law Journal

The 'Chevron' Doctrine Is Dead, Long Live the 'Chevron' Doctrine!

Last month's demise of the judicial Chevron deference doctrine has been well- chronicled. This article vets key cases and pleading realities to weigh the effect of the court's dramatic repudiation.
11 minute read

Texas Lawyer

U.S. Fifth Circuit Vacates USDOT 'Final Action' on Oil Drilling 'Explosive'

A plasma cutting device used to extract stuck pipes used in oil and gas drilling is not a "new explosive" and its transport cannot be barred, a federal appeals court ruled.
3 minute read

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