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If the President Can’t Tell an ALJ "You’re Fired," Must the ALJ be Retired?

USA - January 3 2019 The U.S. Supreme Court held that the Securities and Exchange Commission’s method of hiring its administrative law judges (ALJs) violated the...

Mark Thomson, Richard Lehfeldt.


COFC Grants Summary Judgment in Favor of Health Plan in ACA Litigation

USA - October 15 2018 In Sanford Health Plan v. U.S. (October 11, 2018), the U.S. Court of Federal Claims granted summary judgment in favor of Sanford Health Plan (a C&M...

Skye Mathieson, Monica DiFonzo Sterling, A. Xavier Baker, Stephen J. McBrady.


Court of Federal Claims Grants Summary Judgment on Affordable Care Act "CSR" Litigation

USA - September 5 2018 In Montana Health Co-Op v. U.S. (September 4, 2018), an important decision likely to reverberate throughout the health insurance industry, the U.S...

Skye Mathieson, Charles Baek, Sharmistha Das, A. Xavier Baker, Stephen J. McBrady.


Lucia’s Wake: Sixth Circuit Tosses Mine Safety Ruling By An Improperly Appointed Judge

USA - August 6 2018 Last week, the U.S. Court of Appeals for the Sixth Circuit decided Jones Brothers, Inc. v. Secretary of Labor, a case concerning who has power to...

Mark Thomson, Richard Lehfeldt.


How Do You Solve A Problem Like Lucia?

USA - June 28 2018 Last week, the United States Supreme Court held that the Securities and Exchange Commission’s method of hiring its administrative law judges (ALJs)...

Mark Thomson, Richard Lehfeldt.