by NCLA | Dec 16, 2019 | Case Documents
The precedent of this Court does not compel an out- come for either side. Although decisions such as Humph- rey’s Executor v. United States, 295 U.S. 602 (1935), and Morrison v. Olson, 487 U.S. 654 (1988), approved statutes that insulate administrative officers from...
by NCLA | Dec 23, 2019 | Case Documents
It is undisputed that the “disgorgement” remedy appears nowhere in the SEC’s enabling statutes. History reveals that the disgorgement remedy was created and expanded by an strategic enforcement and litigation process allowing SEC to arrogate to itself powers not...
by NCLA | Jan 7, 2020 | Case Documents
This case is particularly important to NCLA. It is disappointed that three judges on the Fifth Circuit would eschew their fundamental duty “to say what the law is” and defer to agency interpretations of statutes under the Chevron doctrine. In doing so, NCLA believes...
by judy.pino@ncla.legal | Feb 19, 2020 | Case Documents
NCLA filed an amicus brief in support of the petitioners’ request for a Writ of Certiorari from the U.S. Supreme Court in Monex Deposit Company, et al. v. Commodity Futures Trading Commission. In this case, CFTC is testing the furthest reaches of judicial deference to...
by judy.pino@ncla.legal | Mar 5, 2020 | Case Documents
In this case, NCLA takes issue with the United States Department of Agriculture’s (“USDA”) use of Administrative Law Judges (“ALJs”) who violate Article II and the separation of powers. NCLA represents clients before the Fifth, Ninth, and Eleventh Circuits who are...
by judy.pino@ncla.legal | Mar 9, 2020 | Case Documents
NCLA states that in adopting the Affordable Care Act (ACA), Pub. L. 111-148 (2010), Congress improperly delegated to the administrative state the power to write laws governing the conduct of health insurance providers. Administrative agencies responded to that...
