Petitioner James L. Kisor is a veteran who served on active duty in the Marine Corps from 1962 to 1966. Kisor v. Shulkin at 1361. Kisor filed a claim for disability compensation benefits with the Department of Veteran Affairs (“VA”) Regional Office in...
administrative law
In 2010, Congress passed the Patient Protection and Affordable Care Act (“ACA”), which included the Women’s Health Amendment mandating that insurance issuers cover women’s preventive health care. Pennsylvania v. President U.S. at 555. The Health...
In response to a Securities and Exchange Commission (“SEC” or “Commission”) enforcement action before an Administrative Law Judge (“ALJ”), Raymond J. Lucia and his investment company, Raymond J. Lucia Companies, Inc. (collectively, “Lucia”) challenged...
In June 2015, the U.S. Army Corps of Engineers and the U.S. Environmental Protection Agency (“EPA”) jointly adopted the “Waters of the United States” Rule (“WOTUS Rule”) as published in the “Clean Water Rule.” See In re U.S. Dep’t of Def. et al., 817 F...
The non-delegation doctrine stands for the principle that Congress cannot delegate its legislative powers or lawmaking ability to other entities. This prohibition typically involves Congress delegating its powers to administrative agencies or...
On January 30, 2001, the United States Patent and Trademark Office (“USPTO”) issued U.S. Patent No. 6,179,053 (the “’53 patent”) to a predecessor company of Oil States Energy Services, LLC (“Oil States”). Greene's Energy Grp., LLC, Petitioner, v. Oil...
Carlton & Harris Chiropractic (“Carlton & Harris”) is a West Virginia chiropractic office; PDR Network (“PDR”) sells healthcare products to doctors and other healthcare providers. Carlton & Harris Chiropractic, Inc. v. PDR Network et al. (“...
This case involves two consolidated decisions issued by the Federal Circuit Court of Appeals, which has exclusive jurisdiction over appeals of the decision of the U.S. Court of Appeals for Veterans Claims. See 38 U.S.C. § 7292(c).Both cases center on...
Wescley Fonseca Pereira (“Pereira”) came to the United States from Brazil in June 2000 on a non-immigrant visitor visa that allowed him to stay in the country until December 21, 2000. Pereira v. Sessions, 866 F.3d 1, 2 (1st Cir. 2017). Pereira...
Under the Fair Labor Standards Act (“FLSA”), Congress established federal overtime guarantees for employees who work more than forty hours per week. See Mortgage Bankers Association v. Harris (“Harris”), 720 F.3d 966, 968 (D.C. Cir. 2013). At the same...