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17 Jan 2024, 5:04 am by Guest Author
The parties’ briefing in Loper Bright and Relentless[1] has utterly ignored statutory sections—and one section in particular—that are crucial for understanding both why the government should lose these cases and, more importantly, why the Chevron doctrine[2] cannot and should not survive in an era of textualism. [read post]
30 Nov 2023, 12:45 pm by Sasha Volokh
[Serial-blogging my recent article in the Notre Dame Law Review] On Monday, I started serial-blogging my article, The Myth of the Federal Private Nondelegation Doctrine, which has just come out in the Notre Dame Law Review. [read post]
29 Nov 2023, 8:41 am by Dennis Crouch
The Federal Circuit rejected this argument based on dicta in Thryv, Inc. v. [read post]
25 Oct 2023, 4:29 pm by Angelo A. Paparelli
Arthrex, Inc., which held that, under Article II of the Constitution, decisions issued by certain inferior officers exercising adjudicatory authority must be subject to review by a politically accountable official, such as an officer appointed by the President with the advice and consent of the Senate. [read post]
10 Oct 2023, 8:56 am by Daniel M. Kowalski
Arthrex, Inc., the Supreme Court held that, under Article II of the Constitution, decisions issued by certain inferior officers exercising adjudicatory authority must be subject to review by a politically accountable official, such as an officer appointed by the President with the advice and consent of the Senate. [read post]
7 Sep 2023, 1:25 pm by Dennis Crouch
  The Federal Circuit summarily rejected that challenge as already decided in Arthrex, Inc. v. [read post]
16 Apr 2023, 9:50 pm by Patent Docs
Robert Kry of MoloLamken LLP, who represented Arthrex; Joseph Matal of Haynes and Boone, LLP, who previously "performed the duties and functions" of the Director at the USPTO, and Gene Quinn of IPWatchdog, Inc. will discuss whether the Supreme Court will or should grant certiorari to decide whether the Federal Circuit's decision, in Arthrex II, holding that the Commissioner who was then "performing the functions... [read post]
1 Mar 2023, 8:42 am by Whistleblower_press
Whistleblower Law Collaborative’s work on behalf of whistleblowers in the health care space has led to more than $278 million worth of settlements by key drugmakers like Mallinckrodt ARD LLC and Cardinal Health Inc., as well as medical device maker Arthrex Inc. and many more. [read post]
1 Mar 2023, 7:49 am by Suzanne E. Durrell
Whistleblower Law Collaborative’s work on behalf of whistleblowers in the health care space has led to more than $278 million worth of settlements by key drugmakers like Mallinckrodt ARD LLC and Cardinal Health Inc., as well as medical device maker Arthrex Inc. and many more. [read post]