The U.S. Supreme Court (SCOTUS) has scheduled oral arguments for January 17, 2024, in two cases that challenge the precedent set in the 1984 decision of Chevron, U.S.A., Inc. v. Nat. Res. Def. Council, Inc., according to a news update by Ballard Spahr LLP. This landmark ruling gave birth to what is today referred to…
In a recent development in the legal sphere, the Fifth Circuit has denied a request by the Securities and Exchange Commission (SEC) for more time to address defects in its share repurchase rule, according to a report from JDSupra. The court’s decision aligns with its earlier opinion issued on Halloween during the Chamber of Commerce…
Justices are set to consider a case with severe ramifications for the Securities and Exchange Commission. The case in question, Securities and Exchange Commission v. Jarkesy, presents three unique constitutional challenges to varying aspects of the SEC. The case surged onto the agenda after a panel of the U.S. Court of Appeals for the 5th…
Coming Monday, the U.S. Supreme Court resumes session after the long holiday weekend, with two significant matters lined up for deliberation. The court will be examining the appropriate criteria to invoke for sentencing recidivist offenders under the Armed Career Criminal Act. The question raises pressing concerns about the management and fair sentencing of repeated felony…
In a notable case that is now in the hands of the U.S. Supreme Court, Seafreeze Fleet LLC, along with its subsidiaries, have made an attempt to debunk a decades-old doctrine, commonly known as “Chevron deference”. This doctrine has ordered lower courts to yield to federal agencies’ interpretations of ambiguous laws for many years. However,…
The U.S. Supreme Court will hear two cases on January 17 that could significantly impact the power of federal agencies. The latest argument calendar reveals that the cases in question are Relentless v. Dept. of Commerce and Loper Bright Enterprises v. Raimondo. Although the primary focus is on a disputed $710 fishing fee, the outcome…
October’s International Trade Commission (ITC) monthly wrap-up revealed several interesting developments in the global legal landscape. Paramount among these was the Commission’s decision regarding Certain LIDAR (Light Detection and Ranging) Systems and Components Thereof, identified as Inv. No. 337-TA-1363. In a noteworthy turn of events, the ITC opted to affirm the administrative law judge’s decision…
The National Labor Relations Board’s (NLRB) joint employer rule has sparked contradicting legal actions by the US Chamber of Commerce and the Service Employees International Union (SEIU) that may require a resolution from the US Supreme Court. The disagreements concern the ultimate court of jurisdiction that should preside over these issues. A lawsuit against the…
A recent legal proceeding before an Administrative Law Judge in Los Angeles could potentially reshape traditional models of collegiate athletics. The National Labor Relations Board (NLRB) has lodged a complaint against the University of Southern California, the Pac-12 Conference, and the National Collegiate Athletic Association (NCAA), alleging that they have been misclassifying athletes under scholarship…
The highly renowned SCOTUSblog brings you weekday curated news articles, commentary, and other significant links related to the Supreme Court. As your trusted source of legal update for Monday, November 13, the digest covers a range of pressing issues, including the potential end of the Chevron doctrine and insights into the activities of Justice Barrett….
In a developing legal story, the Supreme Court of the United States has agreed to consider whether the Bureau of Alcohol, Tobacco, Firearms and Explosives (ATF) can ban bump stocks under the current law that prohibits machine guns. The decision to take up the case signals its possible significance in the arena of firearm regulation…
The Supreme Court of the United States begins grappling with the persistent and high-stakes issue of the Chevron doctrine’s viability. Amy case at the centre of this debate is Loper Bright Enterprises v. Raimondo, Case No. 21-5166, for which the Supreme Court granted certiorari on May 1, 2023. James P. McLoughlin Jr., Mary Katherine Stukes…
On November 29, 2023, the United States Supreme Court is set to hear oral arguments in a critical case, Jarkesy v. Securities and Exchange Commission. This case throws the spotlight on the use of administrative law judges (ALJs) by federal agencies, an issue at the core of a constitutional challenge by the respondents. This case…
On September 8, 2023, the world of corporate law watched as the Federal Trade Commission (FTC) declared that its administrative law judge had handed down an Initial Decision and Order in the FTC’s lawsuit against computer software company, Intuit. This stems from allegations that Intuit had deceptively marketed the availability of free tax return preparation…
In its 2023 term, the U.S. Supreme Court will undertake the hearing of a potentially transformative case, Loper Bright Enterprises v. Raimondo (Case no. 22-451). At the centre of this proceedings is the request of the appellants for the highest court in the land to reconsider and, they hope, reverse the decision that was made…
In a move that is anticipated to have far-reaching implications for federal regulatory agencies, the American Bar Association (ABA) recently released a recording of a live program on the Supreme Court’s revisiting of the Chevron judicial deference framework. The announcement was shared via JDSupra. The program titled, “U.S. Supreme Court to Revisit Chevron Deference: What…
Seemingly calm waters could turn turbulent as the Supreme Court of the United States recently agreed to revisit a significant judicial precedent, namely the Chevron doctrine. Under this doctrine, courts defer to a federal agency’s reasonable interpretation of any ambiguous statute that has been handed over by the US Congress to the agency to manage….
In a significant development, the Alberta Court of Appeal has upheld the decision to quash the decision of the Alberta Minister of Energy under Alberta’s oil sands royalty regime (OSR Regime). The case, Shell Canada Limited v. Alberta (Energy), marks the initial appellate-level interpretation of the OSR Regime. Fundamentally, the court’s decision demonstrates the willingness…
Legal professionals, particularly those in large corporations and law firms, may well be aware of an important precedent in administrative law: Chevron U.S.A., Inc. v. Natural Resources Defense Council, Inc. This Supreme Court decision, which dates back to 1984, introduced the concept of “Chevron deference” into legal parlance. The essence of “Chevron deference” lies in…
The U.S. Supreme Court is poised to review a doctrine that has been a cornerstone of administrative law for nearly four decades, with implications for agencies at all levels of government. At the center of this review is the principle of Chevron deference, first established in the Court’s 1984 decision in Chevron v. NRDC, which…
In recent legal news, the Supreme Court of the United States has granted certiorari in four cases on October 13, 2023. This recent turn of events could have significant implications for the way in which the Chevron deference doctrine is applied and interpreted. Most notably, one of those cases is Relentless, Inc. v. Department of…
The U.S. Supreme Court is set to hear a pair of cases early next year that poses challenges to the long-established Chevron doctrine, a cornerstone of administrative law that has guided judicial deference to federal administrative agencies’ interpretation of the statutes they oversee for nearly forty years. The arguments contend the Chevron doctrine’s validity, and…
In recent years, independent agencies like the Securities and Exchange Commission (SEC) and the Federal Trade Commission (FTC) have seen precedent-setting legal challenges that could have a ripple effect across the corporate legal landscape. Perhaps the most notable of these involves Securities and Exchange Commission v. Jarkesy, a case that raised pressing questions about the…
In a significant turn of events, the U.S. Supreme Court has agreed to hear another case, this time, Relentless Inc. v. U.S. Department of Commerce, which puts to question whether the court should renegotiate its 1984 ruling in Chevron, U.S.A., Inc. v. Nat. Res. Def. Council, Inc. The story was reported last Friday on JD…
U.S. Supreme Court Justices are gearing up for what could be a significant legal battle as they’ve agreed to consider a challenge to the “Chevron deference”, a doctrine that instructs judges to defer to federal agencies. The challenge was posed in the case of Relentless Inc. v. Department of Commerce. The court’s decision to grant…