May 17, 2024
In the year since the U.S. Supreme Court said "extraordinary" and "far-reaching" attacks on administrative enforcers can skip agency tribunals and go straight to federal district court, ambitious challenges to regulatory powers are rapidly gaining traction, and the high court is poised to put them on an even firmer footing.
September 29, 2023
After methodically amassing U.S. Supreme Court victories against agency enforcers and regulators, a legal crusade against "administrative state" powers is poised to parlay piecemeal wins into a climactic conquest during the high court's new term, which is already teeming with anti-agency cases.
July 18, 2023
The first half of the year saw the U.S. Supreme Court redefine federally protected waters, approve constitutional challenges to in-house enforcement at the Federal Energy Regulatory Commission and open the door to state lawsuits against oil giants for their alleged role in the climate crisis. Here's a look at some of the biggest energy-related court rulings in the first half of the year.
April 14, 2023
The Federal Trade Commission could soon be fighting to save core parts of its enforcement program after a unanimous U.S. Supreme Court ruled Friday that constitutional challenges to the agency can be brought directly to federal court.
April 14, 2023
Constitutional challenges to the structure of the U.S. Federal Trade Commission and U.S. Securities and Exchange Commission can be brought in federal court without first going through administrative appeals, the U.S. Supreme Court said Friday.
November 07, 2022
Several justices on Monday pushed back on government lawyers' assertion that people facing administrative action before the Federal Trade Commission and the Securities Exchange Commission must go through years of agency litigation and subsequent appeals before challenging the constitutionality of those proceedings.
November 04, 2022
The U.S. Supreme Court will consider how to properly challenge the constitutionality of an agency's in-house enforcement action, along with the fate of the Indian Child Welfare Act at this week's oral arguments. Here, Law360 previews what's on the docket.
November 04, 2022
U.S. Supreme Court Justice Brett Kavanaugh may not have proven himself the biggest fan of the administrative state in the past, but an opinion he joined in favor of the U.S. Securities and Exchange Commission seven years ago could prove critical for the agency as it prepares to defend against a challenge to its in-house court on Monday.
November 04, 2022
The U.S. Supreme Court is set to hear arguments Monday in a case from law enforcement supplier Axon Enterprise challenging the constitutionality of the Federal Trade Commission to decide if the claims should be considered before or after a lengthy agency administrative process.
September 30, 2022
Intellectual property attorneys may not be automatically drawn to pretrial decisions in antitrust cases or discovery issues in multidistrict litigation over misusing data, but in this new series, Law360 breaks down why five seemingly irrelevant cases are worth your time.