Statute
APA
36 published works
Ogletree Deakins Insights
Texas Seeks Order Blocking Enforcement of DOL’s New Overtime Rule Ahead of July 1 Effective Date
By By: Keith E. Kopplin, Zachary V. Zagger
Quick Hits A federal court in the Eastern District of Texas heard arguments on the state of Texas’s bid for a preliminary injunction to block the enforcement of the DOL’s…
Regulatory Oversight
Advocacy Organizations Sue FDA Over Delay in Menthol Cigarette Ban
By Bryan Haynes, Agustin Rodriguez, Zie Alere
On April 2, three advocacy organizations filed a complaint in the U.S. District Court for the Northern District of California seeking an order directing the U.S. Food and Drug Administration…
Last Month at the Supreme Court
Supreme Court Determines Statute of Limitations Accrual for Administrative Procedure Act
By Chantel Febus, James Azadian, Christopher Sakauye, Monika Harris, Puja R. Valera, Dykema
In Corner Post, Inc. v. Board of Governors Of The Federal Rsrv. Sys., the Supreme Court will decide when a claim first accrues under the Administrative Procedure Act (APA).
Patents Post-Grant
PTAB Fintiv Practices On the Way Out?
By Scott McKeown, Scott McKeown Wolf Greenfield
Rule Effort Worthwhile? Back in November of 2021, the Northern District of California dismissed an APA lawsuit filed by a number of large companies seeking to challenge the PTAB's NHK-Fintiv…
Patents Post-Grant
NHK-Fintiv APA Suit Ends Abruptly
By Scott McKeown, Scott McKeown Wolf Greenfield
Appeal Bar Deemed to Bar APA Suit Back in September of 2020, a number of large tech companies sued the USPTO for violating the APA by denying IPR petitions on…
ImmigrationProf Blog
May 1 Kicks Off APA Heritage Month
Environmental Law & Policy Monitor
UPDATE: Montana District Court Vacates EPA’s “Secret Science” Rule
By Mack McGuffey, Louise Dyble
The EPA's "Secret Science" rule establishing new standards for consideration of certain "pivotal" scientific studies, which was slated to go into effect on January 6, 2021, has been vacated and…
Labor & Employment Report
New York Court Vacates Portion of DOL’s Joint Employer Rule
On September 8, 2020, U.S. District Court Judge Gregory Woods of the Southern District of New York, issued a Memorandum Opinion and Order vacating various portions of the Department of…
Patents Post-Grant
USPTO Sued Over Discretionary Denials
By Scott McKeown, Scott McKeown Wolf Greenfield
APA Action & Mandamus Petition Simultaneously Challenge PTAB's NHK/Fintiv Framework Back in June, I predicted that an APA action against the USPTO and/or a mandamus petition to the Federal Circuit…
Consumer Finance Monitor
Trade groups file amended complaint in Texas lawsuit challenging CFPB payday loan rule
On August 28, 2020, the industry trade groups challenging the CFPB’s final Rule on Payday, Vehicle Title, and Certain High-Cost Installment Loans (the Rule) filed their Amended Complaint in accordance with…