Search for: "Ross Runkel"
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18 Jun 2017, 9:05 pm
[Ross Runkel and Federalist Society podcast with Karen Harned on McLane Co. v. [read post]
6 Jun 2017, 3:57 am
” At his eponymous blog, Ross Runkel observes that the opinion “points out that three government agencies … have for decades interpreted the statute as exempting plans like the ones involved in this case,” but “the Court does not breathe a single word as to whether those agencies’ interpretations are entitled to one whit of deference. [read post]
16 May 2017, 3:45 am
” At his eponymous blog, Ross Runkel looks at the opinion, describing its “significant teaching” as “a strong re-statement that the FAA requires courts to place arbitration agreements on equal footing with all other contracts at the contract-formation stage as well as the contract-enforcement stage. [read post]
3 May 2017, 4:51 am
” At his eponymous blog, Ross Runkel notes that the government has requested a delay in the briefing of three consolidated class-action waiver cases involving the National Labor Relations Act, observing that the NLRB rule at issue in the case was decided by “a Democrat-dominated NLRB” and that he expects “the government to do an about-face and disown the … rule. [read post]
20 Apr 2017, 4:18 am
At his eponymous blog, Ross Runkel discusses the court’s decision on Tuesday in Coventry Health Care of Missouri v. [read post]
4 Apr 2017, 3:45 am
At his eponymous blog, Ross Runkel looks at the decision. [read post]
27 Mar 2017, 4:18 am
At his eponymous blog, Ross Runkel also looks at the case, noting that it “could possibly up-end thirty years of administrative interpretations that have granted a church plan exemption even though a plan was not initially established by a church – so long as it is maintained by an otherwise qualifying organization that is associated with or controlled by a church. [read post]
23 Mar 2017, 4:36 am
At his eponymous blog, Ross Runkel writes that in “sweeping terms, the Court rejected the notion that there could be ‘rare cases’ in which courts could find ‘sufficient reasons’ to disregard priorities,” and warns that all “bankruptcy lawyers will need to pay close attention to this case. [read post]
22 Mar 2017, 4:42 am
At his eponymous blog, Ross Runkel notes that hundreds “of NLRB decisions could be at risk after the Supreme Court’s decision that for three years Lafe Solomon served improperly as the NLRB’s Acting General Counsel. [read post]
7 Mar 2017, 4:09 am
” Ross Runkel discusses the order at his eponymous blog, as does Tony Francois at the Pacific Legal Foundation’s Liberty Blog. [read post]
24 Feb 2017, 4:23 am
” At his eponymous blog, Ross Runkel predicts that “the Court will remand the case without holding oral arguments,” because the “4th Circuit’s judgment was dependent on a guidance that no longer exists,” and “this hot-button issue probably should be heard by a nine-Justice Court. [read post]
21 Feb 2017, 3:18 am
At his eponymous blog, Ross Runkel discusses McLane, noting that the case “is an odd duck because both parties agree that the 9th Circuit got the law wrong, and the Court had to appoint an amicus curiae to present arguments in favor of the 9th Circuit’s position. [read post]
9 Feb 2017, 4:25 am
At his eponymous blog, Ross Runkel notes that the Supreme Court has delayed until next term oral argument in three cases that ask whether agreements to forgo class actions or collective proceedings and instead resolve employer-employee disputes through individual arbitration are enforceable under the Federal Arbitration Act, noting that by next October there is likely to be a full complement of justices and citing “the possibility that the Court already sees itself split 4-4,… [read post]
30 Jan 2017, 4:11 am
At his eponymous blog, Ross Runkel looks at the amicus brief filed by the U.S. government in three consolidated cases that ask “whether an employee benefit plan must be initially established by a church in order to qualify for ERISA’s church plan exemption, or whether it is enough that the plan is maintained by a church or by a church-controlled or church-affiliated organization”; he observes that “’We’ve always done it that way’”… [read post]
17 Jan 2017, 4:21 am
At his eponymous blog, Ross Runkel surveys three cases that ask whether agreements to forgo class actions or collective proceedings and instead resolve employer-employee disputes through individual arbitration are enforceable under the Federal Arbitration Act. [read post]
9 Dec 2016, 4:18 am
Additional coverage comes from Lyle Denniston at Constitution Daily, who notes that among “other effects of the change will be that the new government of President-elect Donald Trump will get time to decide whether to get involved — and, if it wishes — to change federal policy,” and from Ross Runkel at his eponymous blog, who points out that the “extension might even result in a ninth Justice being confirmed before oral arguments. [read post]
8 Dec 2016, 4:34 am
Another look at the argument comes from Ross Runkel at his eponymous blog. [read post]
6 Dec 2016, 3:41 am
” Ross Runkel also discusses the cases at his eponymous blog, where he remarks that they “could possibly up-end thirty years of administrative interpretations that have granted a church plan exemption even though a plan was not initially established by a church – so long as it is maintained by an otherwise qualifying organization that is associated with or controlled by a church. [read post]
8 Nov 2016, 4:09 am
At his eponymous blog, Ross Runkel also reviews the argument, concluding that the justices may “be swayed by the NLRB’s argument – pushed hard at oral argument – that the executive branch has always interpreted the statute the way the government now wants it interpreted, and Congress has never squawked about that,” and noting that although “Congressional silence is usually a horribly weak argument, … it could be decisive in this case. [read post]
7 Nov 2016, 4:14 am
At his eponymous blog, Ross Runkel also takes a look at the issues in the case, as does Leland Beck at the Federal Regulations Advisor, who notes that the “issues present an opportunity for clarification of regulatory preemption, but the case might also fail on other terms. [read post]
