There are just a few weeks left to comment on the Centers for Medicare & Medicaid Services (“CMS”) proposed rule changing the Part B inpatient billing policy. The proposed rule would rework Medicare Part B billing policies when Part A claims for hospital inpatient services are denied as “not medically reasonable and necessary . . […]
On April 2, 2013, the U.S. Court of Appeals for the D.C. Circuit reversed a District Court ruling in favor of the Federal Election Commission (“FEC”). Citizens for Resp. and Ethics in Washington v. Fed. Election Comm., 711 F.3d 180 (D.C. Cir. 2013). The District Court granted the FEC’s motion for summary judgment of a […]
Meet Jason Mendro, a Partner in the Washington, D.C. office of Gibson, Dunn & Crutcher LLP. Jason’s practice includes general litigation, class actions, securities litigation, and administrative law. Below, he discusses what he enjoys about practicing law and offers advice for aspiring attorneys. 1. What do you like most about your current job? My favorite […]
The court, in Comité de Apoyo a los Trabajadores Agricolas v. Solis, “vacated portions of [the Department of Labor’s] (“DOL’s”) current prevailing wage rate regulation . . . .” In response, the Department of Homeland Security (“DHS”) and the DOL are jointly “amending regulations governing certification for the employment of nonimmigrant workers in temporary or […]
The plaintiff brought this case under the Magnuson–Stevens Act (“MSA”) in the Northern District of California. Judge Edward Chen delivered the opinion on April 12, 2013. Oceana, Inc. v. Bryson, C-11-6257 EMC, 2013 WL 1563675 (N.D. Cal. 2013). The opinion resulted from cross-motions for summary judgment. The plaintiff, Oceana Inc., a non-profit organization sued John […]
The “Presidential Memorandum Regarding 12/25/2009 Attempted Terrorist Attack,” charges the Transportation Security Administration (“TSA”) with “aggressively pursuing enhanced screening technology in order to prevent further such attempts, while at the same time protecting passenger privacy.” In 2011, the U.S Court of Appeals for the District of Columbia ordered the TSA to “provide notice and . […]
Register now for tomorrow’s teleconference: Decker v. NEDC: The Clean Water Act, Agency Deference, and How Recent Court Decisions Affect Your Practice. The Section is cosponsoring the event along with the National Conference of the Administrative Law Judiciary and several other Sections. The event takes place from 12:00 pm to 1:30 pm ET Wednesday, April […]
Meet Katie Kennedy, a third-year law student at Appalachian School of Law and Editor of the Notice and Comment, Recent Cases section. Below, she shares why she decided to go to law school, her experience as a law student, and discusses the benefits of being involved in the ABA. 1. Where do you attend law […]
Gridlock in the Senate over agency appointments has become a feature of Washington politics. The problem was compounded this year when the D.C. Circuit limited the president’s authority to make recess appointments in Noel Canning v. NLRB, No. 12-1115 (D.C. Cir., Jan. 25, 2013). Yet the last few days have offered up their share of […]
The 2013 Annual Section Awards Dinner isn’t taking place until October or November, but the time to nominate the winners is now! Nominations are due by May 1, 2013 for the following awards: Annual Award for Scholarship in Administrative Law: Nominate a written work that was published (copyrighted) in 2012. Mary C. Lawton Award for […]
The U.S. Court of Appeals for the D.C. Circuit recently declined review of an ALJ decision citing Excel Mining, LLC (“Excel”) for violating the Federal Mine Safety and Health Act of 1977, 30 U.S.C. § 815(d). Excel Mining, LLC v. Dep’t of Labor, 2013 U.S. App. LEXIS 5261, 1, 2013 WL 1155362 (D.C. Cir. Mar. 15, […]
On Tuesday, April 9, 2013, President Barack Obama announced plans to nominate three candidates to full terms on the National Labor Relations Board (NLRB). President Obama urged swift Senate approval for the nominees, Democract Mark Pearce, and Republicans Harry I. Johnson and Philip A. Miscimarra. Obama also renewed his request for confirmation of the nominees […]
The Export-Import Bank of the United States (“EIB”) issued a notice and requested comment on “an application for final commitment for a long-term loan or financial guarantee in excess of $100 million.” The obligor is Philippine Airlines, Inc. and the purpose of the transaction is “to support the export of [a] U.S. manufactured commercial aircraft […]
The Section is co-sponsoring, along with The Council on Intelligence Issues, a roundtable discussion with expert authors from ABA’s landmark book The Law of Counterterrorism. Topics will include various aspects of the law of war, the intelligence community, the PATRIOT Act and the IRTPA, and advice of counsel in cases in the war on terror. […]
The District Court for the District of Columbia recently granted the Environmental Protection Agency’s (“EPA”) motion to dismiss a suit by Friends of the Earth (“FOE”) seeking to compel the agency to make a determination regarding aviation gasoline and its effects on human health. Friends of the Earth v. EPA, et. al., 2013 U.S. Dist. […]