Jurisdiction, Administrative Appeals

IP Hot Topic: Federal Circuit Leaves Open Questions Regarding Jurisdiction of Sanction Decisions

Sterne, Kessler, Goldstein & Fox P.L.L.C. on 8/15/2025

In an April IP Hot Topic, we noted that the Federal Circuit left open in RealTek Semiconductor Corp. v. ITC, Appeal, No. 23-1095 (March 18, 2025) the question whether a petitioner may avoid sanctions by simply terminating an...more

Supreme Court Says Alabama’s Exhaustion of State Processes Rule Unlawfully Blocked Due Process Claims

Ogletree, Deakins, Nash, Smoak & Stewart,... on 2/25/2025

On February 21, 2025, the Supreme Court of the United States ruled that an Alabama rule requiring claimants to first exhaust the state administrative appeals process before bringing due process claims over delays in their...more

Supreme Court Places Another Limitation on Chevron Deference

Ogletree, Deakins, Nash, Smoak & Stewart,... on 6/3/2019

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

Supreme Court Decides Smith v. Berryhill

Faegre Drinker Biddle & Reath LLP on 5/30/2019

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

K&L Gates Triage: Recent Developments in Provider v. Payer Litigation -- Medicare Advantage Disputes

K&L Gates LLP on 7/26/2018

In this episode, Gary Qualls discusses a recent development in payer litigation, regarding a provider’s recovery of Medicare Advantage payments pursuant to a Medicare Advantage contract. Specifically, a recent federal case...more

Appeals Court Win Gives Providers Another Way to Challenge Medicare Appeals Backlog

Parker Poe Adams & Bernstein LLP on 4/9/2018

A federal appeals court issued a significant ruling last week in relation to the ongoing backlog of Medicare claims appeals. It potentially gives providers a new way to seek relief when Medicare comes to collect money that an...more

District Court Denies Stay in Litigation Over Medicare Appeals Backlog

King & Spalding on 9/27/2016

On September 19, 2016, the U.S. District Court for the District of Columbia rejected a request by HHS to stay proceedings in litigation brought by the American Hospital Association and several providers seeking to compel the...more

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