Appellate Law News and Insights

SCOTUS Overrules Chevron And Opens Door To More Challenges Under APA: Environmental Law Implications Of Loper Bright And Corner Post

Published: Jul 09, 2024
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The U.S. Supreme Court issued two opinions at the end of its term impacting environmental law. In Loper Bright Enterprises v. Raimondo, the Court held that courts must exercise independent judgment when determining if an agency acted within its statutory authority, overruling the 1984 decision in Chevron U.S.A. Inc. v. Natural Resources Defense...

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U.S. Supreme Court Asked To Define “Willfully” For Anti-Kickback Violation

Published: Jul 01, 2024
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On June 7, 2024, a petition for writ of certiorari was filed with the Supreme Court of the United States asking that it resolve a critical legal issue pertaining to the federal Anti-Kickback Statute (42 U.S.C. § 1320a-7b(b)): "To act 'willfully' within the meaning of the ... Statute, must a defendant know...

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Supreme Court Holds That Traditional, Four-Part Preliminary Injunction Standard Applies To National Labor Relations Act Injunctions

Published: Jun 25, 2024
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On June 13, 2024, The Supreme Court ruled in Starbucks v. McKinney that the National Labor Relations Board ("Board") must meet the same four-part test that other litigants must satisfy in order to obtain a preliminary injunction. This holding resolves a split amongst the circuit courts, some of which have applied a...

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