On May 28, 2019, the U.S. Supreme Court decided Smith v. Berryhill, holding a dismissal by the Social Security Administration’s Appeals Council on timeliness grounds after a claimant has had an administrative law judge...more
5/30/2019
/ Administrative Appeals ,
Administrative Law Judge (ALJ) ,
Administrative Procedure Act ,
Administrative Proceedings ,
Appeals ,
Congressional Intent ,
Disability Benefits ,
Dismissals ,
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
On January 15, 2019, the U.S. Supreme Court decided New Prime Inc. v. Oliveira, holding in an 8-0 opinion that, on a motion to compel arbitration, the court itself must determine whether the exclusion of § 1 of the Federal...more
1/16/2019
/ Appeals ,
Arbitration Agreements ,
Commercial Truck Drivers ,
Employment Contract ,
Exceptions ,
Federal Arbitration Act ,
Independent Contractors ,
Motion to Compel ,
New Prime v Oliveira ,
Question of Arbitrability ,
Reaffirmation ,
SCOTUS
On February 27, 2018, the U.S. Supreme Court decided Jennings v. Rodriguez, holding that 8 U.S.C. §§ 1225(b), 1226(a), and 1226(c) do not give detained aliens the right to periodic bond hearings during the course of their...more
On February 20, 2018, the U.S. Supreme Court decided CNH Industrial N.V. v. Reese, holding in a per curium opinion that collective-bargaining agreements are to be interpreted according to ordinary principles of contract law,...more
On January 22, 2018, the U.S. Supreme Court decided Artis v. District of Columbia, holding that 28 U.S.C. § 1367(d)’s instruction to “toll” a state limitations period means to hold it in abeyance—i.e., to stop the...more
On May 30, 2017, the U.S. Supreme Court decided Impression Products, Inc. v. Lexmark Int’l, Inc., No. 15-1189, holding that a patentee’s sale of a product, whether domestically or abroad, exhausts all of its patent rights in...more
On May 22, 2017, the U.S. Supreme Court decided Cooper v. Harris, No. 15-1262, holding that a three-judge district court panel did not err in concluding that race furnished the predominant rationale for North Carolina’s...more
On April 3. 2017, the U.S. Supreme Court decided McLane Co., Inc. v. Equal Employment Opportunity Commission, holding that a district court’s decision whether to enforce or quash an Equal Employment Opportunity Commission...more
On March 29, 2017, the U.S. Supreme Court decided Expressions Hair Design v. Schneiderman, No. 15-1391, holding that New York General Business Law § 518, which prohibits merchants from posting a cash price and imposing a...more