Judges often advise appellate lawyers to provide in their briefs a clear path to the outcome they want. The Supreme Court of the United States recently denied review in a case that exemplified that lesson yet again....more
Not so long ago, federal courts began to hold that a federal statute of limitations did not run until the plaintiff knew or reasonably should have known of his or her claim. This is commonly called the “discovery rule.” The...more
The justices of the Supreme Court of the United States have again limited the reach of Chevron deference. On May 28, 2019, the Court in Smith v. Berryhill carved another exception into what has lately proven to be its...more
6/3/2019
/ Administrative Appeals ,
Administrative Law Judge (ALJ) ,
Administrative Procedure Act ,
Administrative Proceedings ,
Appeals ,
Chevron Deference ,
Congressional Intent ,
Disability Benefits ,
Eligibility Determination ,
Final Written Decisions ,
Judicial Review ,
Jurisdiction ,
Motion for Reconsideration ,
Reversal ,
Reviewability Determinations ,
Right To Appeal ,
SCOTUS ,
Smith v Berryhill ,
Social Security Administration (SSA) ,
Social Security Administration Appeals Council ,
Time-Barred Claims
Chevron deference is increasingly coming under fire from the justices of the Supreme Court of the United States. That came through loud and clear in Pereira v. Sessions, issued on June 21, 2018....more
6/26/2018
/ Ambiguous ,
Appeals ,
Board of Immigration Appeals ,
Chevron Deference ,
Non-Permanent Residents ,
Notice Requirements ,
Pereira v Sessions ,
Removal Proceedings ,
Residence Status ,
Reversal ,
SCOTUS
On June 21, 2018, the Supreme Court of the United States held in Lucia v. Securities and Exchange Commission that the former practice of the Securities and Exchange Commission (SEC) of having its staff employees appoint...more
6/22/2018
/ Administrative Law Judge (ALJ) ,
Administrative Proceedings ,
Appeals ,
Appointments Clause ,
Constitutional Challenges ,
Corporate Counsel ,
Enforcement Actions ,
Final Written Decisions ,
Lucia v SEC ,
Officers of the United States ,
Remand ,
Reversal ,
SCOTUS ,
Securities and Exchange Commission (SEC) ,
Securities Violations ,
Special Trial Judges (STJs)
The decision this week of the Supreme Court of the United States in Epic Systems Corporation v. Lewis will likely prove important on issues other than the arbitration of labor disputes. An extended passage in the opinion...more
5/24/2018
/ Arbitration ,
Arbitration Agreements ,
Chevron Deference ,
Class Action Arbitration Waivers ,
Epic Systems Corp v Lewis ,
Fair Labor Standards Act (FLSA) ,
Federal Arbitration Act ,
NLRA ,
NLRB ,
OSHA ,
OSHRC ,
SCOTUS
The Supreme Court of the United States, on Friday, January 12, 2018, agreed to decide whether the former practice of the Securities and Exchange Commission (SEC) of having its chief judge appoint administrative law judges...more