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Administrative Procedure Act › Administrative Review

Gray Reed

Department of the Interior Fails to Give Fair Notice of its Administrative Action

Gray Reed on

If you are the type to be preoccupied with the drudgery nuances of federal statutory and regulatory interpretation, or if you have a fetish for acronyms, I recommend that you read all 41 spellbinding pages of W&T Offshore v....more

Troutman Pepper Locke

FDA Sued Over Years-Long Internal Review of Flavored ENDS MDO

Troutman Pepper Locke on

On August 21, 2025, NJOY, LLC (NJOY), a subsidiary of Altria Group, Inc., sued the U.S. Food and Drug Administration (FDA), alleging that the agency has unlawfully delayed rendering a decision on supervisory review of its...more

Goodwin

Issue 39: PTAB Trial Tracker

Goodwin on

USPTO Director Considers Changes to Director Review Process - Recently, USPTO Director Kathi Vidal stated that she is rethinking the Director Review process and is considering updating the current guidance on Director...more

Polsinelli

The PTAB and the Arthrex Decision: A Constitutional Question

Polsinelli on

The Appointments Clause of the U.S. Constitution1 provides that “principal officers” of the United States must be appointed by the President upon the advice and consent of the Senate. “Inferior officers,” on the other hand,...more

Baker Donelson

D.C. Circuit Precludes Review of DSH Uncompensated Care Data

Baker Donelson on

On July 26, 2016, the United States Court of Appeals for the District of Columbia Circuit decided Fla. Health Sciences Ctr. v. Burwell. In that case, the Court analyzed a statutory bar against judicial review of estimates...more

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