The Medicare program consists of Part A and Part B. Am. Hosp. Ass’n v. Azar at 820. Under Medicare Part B, which provides coverage for certain hospital-administered drugs, the Department of Health and Human Services (“HHS”) sets hospital reimbursement...
administrative law
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Congress has authorized disability benefits under 38 U.S.C. § 1110 for veterans who suffered disabilities during their service. Arellano v. McDonough at 1061. The size of the benefits is partly determined by the effective date of the award. Id....
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Beginning in the late nineteenth century, the Anaconda Copper Mining Company smelted copper near the town of Anaconda, Montana. Atlantic Richfield Co. v. Montana Second Judicial District Court at 517. Over time, smelting operations created large levels...
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The Federal Trade Commission Act (the “FTC Act”) empowers the Federal Trade Commission (“FTC”) to address the use of “unfair methods of competition” by initiating administrative proceedings and issuing cease-and-desist orders. Axon Enter. v. Trade Comm...
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From 1975 to 2014, Petitioner David Babcock (“Babcock”) was employed as a National Guard dual-status technician. Babcock v. Comm’r of Soc. Sec. at 1–2. A dual-status technician, under 10 U.S.C. § 10216(a)(1) and 32 U.S.C. § 709(e), is “‘a [f]ederal...
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In December 2018, the Department of Homeland Security (“DHS”) initiated the Migrant Protection Protocols (“MPP”). Texas v. Biden at 5. Congress authorized MPP through the Immigration and Nationality Act (“INA”) in 8 U.S.C. § 1225(b)(2)(C). Id. at 6....
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In 2014, Willie Earl Carr attempted to claim disability benefits from the Social Security Administration (“SSA”). Carr v. Comm’r, SSA at 5. In 2017, administrative law judges (“ALJs”) denied the claims. Id. Carr then sued in the Northern District of...
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According to the Fifth Circuit Court of Appeals, in the Communications Act of 1996, Congress balanced the power of local governments to regulate their local land with the goal of allowing telecommunications technologies to develop. See City of...
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On August 17, 2004, Cuozzo Speed Technologies, LLC (“Cuozzo”) was issued U.S. Patent No. 6,778,074 (“074 patent”), “Speed Limit Indicator and Method for Displaying Speed and the Relevant Speed Limit.” See Cuozzo Speed Technologies, LLC v. Lee (In re...
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The Clean Water Act (“CWA”) prohibits the discharge of pollutants from a point source into the navigable waters of the United States without a National Pollutant Discharge Elimination System (“NPDES”) permit. The Act defines a “point source” as “any...