Administrative Law

As opposition to administrative state grows, Gorsuch stance on Chevron deference is likely issue

Conservatives who want to reduce the power of federal regulators might have an ally in U.S. Supreme Court nominee Neil Gorsuch. A judge on the Denver-based 10th U.S. Circuit Court of Appeals, Gorsuch wrote an opinion last year that is likely to be an issue during confirmation hearings next week,…

Mar 16, 2017 7:00 AM CDT

Retired NFL players allege team doctors broke prescription laws, pushed painkillers

A new complaint in litigation from retired professional football players alleges that teams pushed them to play through pain by overusing prescription painkillers, sometimes in violation of federal prescription drug laws. Law360 (sub. req.), the Washington Post and Deadspin reported on documents filed in Northern California federal court, in a…

Mar 13, 2017 2:32 PM CDT

Trump signs executive order requiring agencies to cut two regulations for every new one proposed

President Donald Trump on Monday signed an executive order requiring executive departments and agencies to cut at least two regulations for each new one introduced. The order sets an annual cap on the cost of new regulations, and requires that the cost of new regulations in fiscal 2017 be offset…

Jan 31, 2017 10:56 AM CST

EPA accuses Fiat Chrysler of secretly using software that allowed higher diesel emissions

A day after Volkswagen agreed to pay $4.3 billion in penalties for using software to cheat on emissions tests, another automaker is being accused of secretly using software that allowed excess smog-producing emissions. The Environmental Protection Agency on Thursday issued a notice of rule violation (PDF) to Fiat Chrysler for…

Jan 12, 2017 11:59 AM CST

Volkswagen agrees to pay $4.3B in penalties in emissions scandal; six executives are indicted

The Volkswagen emissions scandal has produced six indictments of German corporate executives and a guilty plea by the company itself, which will pay $4.3 billion in criminal and civil penalties. Volkswagen will plead guilty to participating in a conspiracy to defraud the United States and the automaker’s U.S. customers by…

Jan 11, 2017 1:55 PM CST

Drugmaker’s claim that Prevagen boosts memory is fraudulent, FTC lawsuit says

The Federal Trade Commission and the New York State Attorney General have filed suit against dietary supplement makers Quincy Bioscience over its popular supplement, Prevagen. On Monday, New York Attorney General Eric Schneiderman and the Federal Trade Commission announced that they had jointly filed a complaint (PDF) with the Manhattan…

Jan 10, 2017 4:05 PM CST

Suit claims Catholic hospital violated health law by refusing to perform surgery on transgender man

A New Jersey transgender man claims in a lawsuit that a Catholic hospital violated state and federal law when it refused to allow a surgeon to perform a hysterectomy on him. The suit (PDF) filed Thursday on behalf of Jionni Conforti by Lambda Legal claims violations of the New Jersey…

Jan 9, 2017 8:00 AM CST

Federal judge blocks new Labor Department rules expanding overtime pay

A federal judge in Texas on Tuesday blocked new Department of Labor rules that would have expanded the number of workers eligible for overtime pay. U.S. District Judge Amos Mazzant granted a preliminary injunction in combined lawsuits filed 21 states and business groups, report the National Law Journal, the New…

Nov 23, 2016 9:01 AM CST

Mary Jo White to step down as SEC chair, opening door to dismantling of Dodd-Frank

Mary Jo White is leaving her job as chair of the Securities and Exchange Commission.

Nov 14, 2016 5:28 PM CST

Court dockets will shrink as Donald Trump rescinds Obama administration actions

Lawsuits stemming from executive actions and legal interpretations by the Obama administration are likely to be removed from the U.S. Supreme Court docket and lower federal courts as a result of a shift in policies when Donald Trump takes office. Likely changes will affect cases involving immigration, the Affordable Care…

Nov 14, 2016 8:00 AM CST

In some business decisions, Obama’s judicial appellate appointees shift law to the left

Federal appeals judges appointed by President Obama make up a little less than a third of active circuit court judges, and their influence is beginning to have an impact in some business-related cases. Since 2009, 55 of Obama’s appellate appointees have been confirmed, and 31 replaced replaced judges appointed by…

Nov 2, 2016 7:00 AM CDT

Justice Thomas fans create website dedicated to his originalist jurisprudence

Justice Clarence Thomas is beginning his 26th year on the U.S. Supreme Court without Justice Antonin Scalia, who like Thomas was dedicated to an originalist interpretation of the Constitution. Former law clerks and other defenders of Justice Clarence Thomas are highlighting his jurisprudence with a new website called JusticeThomas.com, USA…

Oct 21, 2016 2:18 PM CDT

NY attorney general orders Trump Foundation to stop soliciting donations in the state

The charity foundation of Republican presidential nominee Donald Trump has been ordered to cease and desist soliciting New York contributions, based on allegations that it was not properly registered. Eric Schneiderman, the New York attorney general, issued the notice, the Wall Street Journal (sub. req.) reports. According to the Washington…

Oct 3, 2016 4:45 PM CDT

Federal rule barring forced arbitration of nursing home disputes is likely to be challenged

A new rule that bars nursing homes that receive federal funds from forcing disputes into arbitration is likely to be challenged, according to lawyers involved in litigation over patient care. The Centers for Medicare & Medicaid Services issued the rule on Wednesday, report NPR and the New York Times. The…

Oct 3, 2016 7:50 AM CDT

After debate, ABA House calls for publication of privately drafted standards used in legislation

A resolution calling on Congress to make privately drafted parts of the law freely available attracted accusations in the House of Delegates that the ABA was trying to give away other people’s intellectual property. When federal agencies incorporate privately drafted standards into their rules by reference, Resolution 112, passed by…

Aug 9, 2016 3:20 PM CDT