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Appeals › Administrative Procedure Act › Administrative Law Judge (ALJ)

Offit Kurman

Quick Guide to Administrative Hearings

Offit Kurman on

Join the Litigators Lounge with Offit Kurman’s Anders Sleight and Niall McMillan as they dive into the nuances of administrative proceedings versus typical civil court cases, focusing on the process, discovery limitations,...more

Foley Hoag LLP

PTAB Changes Procedure for Determining Discretionary Denials

Foley Hoag LLP on

Key Takeaways: - The Director, in consultation with at least three APJs, will now decide the discretionary denial question, rather than having the merits panel decide the issue. - Discretionary denial will have separate...more

McDermott Will & Schulte

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

McDermott Will & Schulte on

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

Seyfarth Shaw LLP

Re-scheduling in Limbo – Hearing Cancelled

Seyfarth Shaw LLP on

Drug Enforcement Administration (DEA) Administrative Law Judge (ALJ) John Mulrooney has cancelled the long-awaited cannabis re-scheduling hearing set for next week. Pro-reform advocates have suggested that the DEA had...more

Ogletree, Deakins, Nash, Smoak & Stewart,...

Supreme Court Places Another Limitation on Chevron Deference

Ogletree, Deakins, Nash, Smoak & Stewart,... on

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

Faegre Drinker Biddle & Reath LLP

Supreme Court Decides Smith v. Berryhill

Faegre Drinker Biddle & Reath LLP on

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

Pillsbury Winthrop Shaw Pittman LLP

Environmental Case Law Update

Pillsbury Winthrop Shaw Pittman LLP on

“Summer’s lease hath all too short a date.” Many important environmental and administrative law decisions were reported by the federal and state courts over the past six months. The courts are dealing with very...more

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