The Tenth Circuit Court recently handed down a decision rejecting the Bureau of Land Management’s (BLM) plan to manage wild horse populations in southern Wyoming, deeming it arbitrary and capricious. This decision stems from the complexities surrounding the management of wild horses on what is known as checkerboard land. These areas, characterized by alternating plots…
An administrative law judge at the U.S. International Trade Commission has advised a full import ban on women’s ballet flats due to patent infringement claims brought by the maker of Tieks shoes. The dispute centers on specific design patents related to Tieks’ distinctive blue-soled footwear, which the company argues are being unlawfully replicated by competing…
In a significant development, a federal judge in Washington, D.C., has denied the request for immediate reinstatement from the dismissed head of the U.S. Copyright Office. This decision emerges as part of her ongoing legal battle following her termination by the Trump administration. The judge determined that the former chief failed to demonstrate she would…
Former President Donald Trump’s efforts to challenge federal union agreements have encountered a legal hurdle as his strategy of court shopping faces a significant setback. This legal approach, often criticized for seeking favorable outcomes through selective jurisdiction, has been hampered by recent rulings. The United States Court of Appeals for the District of Columbia Circuit…
In a decisive move that has sent ripples through the legal community, the Supreme Court opted to dismantle the Chevron deference doctrine in the pivotal case of Loper Bright Enterprises v. Raimondo. This doctrine had long provided regulatory agencies with the latitude to interpret ambiguous laws, bolstering administrative agency power in the interpretation and enforcement…
The U.S. Department of Justice is actively seeking to challenge a recent judicial ruling concerning the reinstatement of two National Credit Union Administration (NCUA) board members removed by former President Donald Trump. The DOJ has filed a motion for a stay pending appeal, aiming to pause the implementation of U.S. District Judge Amir H. Ali’s…
The U.S. Court of Appeals for the D.C. Circuit has issued an administrative stay temporarily blocking the reinstatement of a Federal Trade Commission (FTC) commissioner. This move is to provide the court with sufficient time to consider a motion for a stay pending appeal. The court emphasized that this action should not be interpreted as…
Human Rights Watch recently criticized the Kazakhstan Foreign Affairs Ministry for denying accreditation to 16 journalists from Radio Free Europe/Radio Liberty’s Kazakh service. Hugh Williamson, Europe and Central Asia director at HRW, labeled this action as a direct attack on independent media, viewing it as an attempt to silence dissenting voices in the region. The…
The evolution of the “major questions doctrine” within U.S. jurisprudence has captured the attention of constitutional and administrative law scholars. Originating from Justice Antonin Scalia’s assertion in Whitman v. American Trucking Associations Inc., which famously declared that Congress does not “hide elephants in mouseholes,” this principle has since experienced a significant transformation. Initially, the major…
In recent years, the Major Questions Doctrine has undergone a significant transformation, marking a shift in the judicial approach to regulatory oversight. Originating from the decision in Whitman v. American Trucking Associations Inc., Justice Antonin Scalia asserted that Congress does not conceal substantial regulatory changes in obscure legislative text. This principle has become an increasingly…
A federal judge has determined that former President Donald Trump violated U.S. law by removing Democratic Commissioner Rebecca Kelly Slaughter from the Federal Trade Commission (FTC). In her decision, Judge Loren AliKhan of the U.S. District Court for the District of Columbia stated that because the legal framework governing the removal of FTC commissioners is…
In the wake of the Supreme Court’s recent decision to overturn the Chevron doctrine, appeals courts are now grappling with the limits of agency authority. By removing the deference courts traditionally placed on agency interpretations of ambiguous statutes, the decision introduces new challenges and uncertainties in regulatory litigation. After Chevron, agencies must now work within…
In the ever-evolving landscape of administrative law, California has demonstrated a pronounced divergence from federal standards, particularly concerning agency deference. Years before the wider legal community began scrutinizing the Chevron deference doctrine, California took a distinctive path that foreshadowed current discussions surrounding Loper Bright Enterprises. The Chevron U.S.A., Inc. v. Natural Resources Defense Council, Inc….
Merritt Farren, the former General Counsel for Disneyland and Audible, has been granted permission by an administrative law judge to intervene in a contentious case involving State Farm’s response to claims following the Palisades wildfires. Farren, who is now seeking to scrutinize California’s approval of an emergency interim rate hike for State Farm, argues that…
Jenner & Block has announced the addition of Peter Davis as a partner in its appellate and Supreme Court practice in Washington, D.C. Davis brings extensive experience in appellate litigation, having represented clients across various federal circuits and state appellate courts. His practice encompasses a broad range of civil matters, including administrative law, antitrust, securities,…
The latest U.S. Supreme Court term followed a now-familiar pattern, delivering some of its most anticipated and sharply divided decisions in the final weeks and hours of the term. This decision-making schedule keeps legal experts and practitioners on edge as the term concludes with impactful rulings that shape the legal landscape. The decisions tackled a…
A US federal judge has issued a nationwide injunction halting the Trump administration’s plan to reorganize the US Department of Health and Human Services (HHS). The proposed restructuring sought to consolidate several agencies and cut numerous federal jobs, a move that drew immediate legal challenges from federal employee unions. Judge Carl J. Nichols of the…
In a notable development within North Carolina’s legal landscape, the state’s independent administrative law judges have called upon the appeals court to dismiss an appeal by a former general counsel. The individual has alleged that political reasons led to his termination. However, the judges contend that the role in question is not protected by standard…
“`html Hogan Lovells has expanded its international trade and investment practice with the addition of Joshua Kurland as a partner, the firm announced earlier this week. Kurland, whose expertise encompasses international trade, export controls, and sanctions, will be based out of the firm’s Washington office. Before joining Hogan Lovells, Kurland was senior trial counsel at…
A coalition composed of states, school districts, and teachers’ unions has petitioned the Supreme Court to maintain a federal ruling requiring the reinstatement of approximately 1,400 employees dismissed from the Department of Education. The legal drama centers around a decision orchestrated by U.S. District Judge Myong Joun, which seeks to counteract a reduction in force…
The Trump administration has approached the Supreme Court, aiming to temporarily halt an order by a Massachusetts federal judge mandating the reinstatement of nearly 1,400 Department of Education employees laid off in March. U.S. Solicitor General D. John Sauer presented the administration’s case, asserting that U.S. District Judge Myong Joun lacks the authority to obstruct…
A lawsuit alleging that a city administrative law judge in Washington D.C. discriminated against Black women has been allowed to proceed to discovery. A federal judge rejected the D.C. government’s motion to dismiss the case, which includes claims that the attorney leading the suit was paid less than her male peers. The case could now…
“`html On Thursday, June 5, the legal community will be closely monitoring as the court releases its opinions for one or more argued cases from the current judicial term. This development is scheduled to be covered with continuous updates through live blogging. Such disclosure of judicial opinions can often have significant implications for the legal…
Each weekday, legal professionals and enthusiasts alike keenly await the curated selection of Supreme Court-related news articles and commentary provided by SCOTUSblog. On Friday, May 23, the morning read offered insights into several significant legal developments. One notable piece from NPR discussed the Supreme Court’s decision to allow former President Trump to dismiss members of…
The United States Supreme Court has allowed the vacatur of temporary protection status (TPS) for 350,000 Venezuelans to go forward, marking a significant development in the ongoing legal battle known as NTPSA v. Noem. The Court’s decision to grant a stay provides a reprieve to the Department of Homeland Security’s move to vacate TPS for…