News & Analysis as of

Administrative Law Judge (ALJ) Statutory Interpretation Appeals

Constangy, Brooks, Smith & Prophete, LLP

Bad news for Wilcox? Removal protections for NLRB members, ALJs are “likely” unconstitutional, appeals court finds

A three-judge panel of the U.S. Court of Appeals for the Fifth Circuit has upheld three orders that bar the National Labor Relations Board from pursuing unfair labor practice cases against SpaceX and two other employers. ...more

Payne & Fears

NLRB’s Structure is Likely Unconstitutional Holds the Fifth Circuit in Win for SpaceX

Payne & Fears on

On August 19, 2025, the U.S. Court of Appeals for the Fifth Circuit — the federal court that hears appeals from federal trial courts in Texas, Mississippi, and Louisiana — held that statutory removal protections for NLRB...more

Vorys, Sater, Seymour and Pease LLP

Fifth Circuit Finds NLRB Structure Unconstitutional, Upholds Injunction

On Tuesday, August 19, the Fifth Circuit issued a highly anticipated decision upholding an injunction that prevents the National Labor Relations Board (“NLRB”) from prosecuting unfair labor practice cases against SpaceX, Aunt...more

Marshall Dennehey

Court Affirms Benefits for Aggravation of Preexisting Knee Condition Despite Employer’s Challenge

Marshall Dennehey on

Lebanon Transit v. Philip Schaeffer (WCAB), No. 141 C.D. 2024, April 7, 2025, (previously not reported and reported by Order dated July 10, 2025) - The Commonwealth Court of Pennsylvania affirmed a decision awarding benefits...more

Lerman Senter PLLC

Supreme Court Upholds Federal Universal Service Fund Contribution Framework

Lerman Senter PLLC on

The U.S. Supreme Court has upheld the Federal Communications Commission’s universal service fund (USF) framework....more

Venable LLP

Setting the Circuit Straight: The Scope of the FTCA's Law Enforcement Proviso after Martin v. U.S.

Venable LLP on

"Wrong-house" raids by law enforcement can cause terror and physical injury, significant property damage, and potentially innocent civilian deaths. Suits for damages almost always follow....more

McDermott Will & Schulte

Speculation of Harm Isn’t Standing: Not Every Adverse Board Decision Is Ticket to Appeal

After assessing whether a patent owner had standing to appeal the Patent Trial & Appeal Board’s final written decision, the US Court of Appeals for the Federal Circuit found no injury in fact to support Article III...more

Zuckerman Spaeder LLP

Recent Developments in the “Change in the Law” Reason for Compassionate Release

Zuckerman Spaeder LLP on

Over the last several years, thousands of incarcerated individuals have filed motions for compassionate release. As part of the submission process, individuals must outline the “extraordinary and compelling” reasons that...more

McDermott Will & Schulte

Federal Court Strikes Down LDT Final Rule

On March 31, 2025, the US District Court for the Eastern District of Texas struck down the US Food and Drug Administration’s (FDA) final rule under which FDA would have started regulating most laboratory-developed tests...more

McDermott Will & Schulte

No APA Review of Commission Refusal to Issue Sua Sponte Show Cause Order

The US Court of Appeals for the Federal Circuit dismissed an appeal challenging a US International Trade Commission decision that upheld an administrative law judge’s (ALJ) order, ruling that such an order was within the...more

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