Eleventh Circuit Invalidates FTC Cease and Desist Order
Posted on Jun 27, 2018 in Administrative Law | Comments Off on Eleventh Circuit Invalidates FTC Cease and Desist Order
In LabMD, Inc. v. Federal Trade Commission, 2018 WL 3056794 (11th Cir. June 6, 2018), the Eleventh Circuit vacated an FTC cease and desist order, finding that the order was unenforceable because it lacked the required specificity that would enable the order to be enforced by a court. LabMD is a now-defunct medical laboratory. Given the nature of its work, LabMD was subject to...
Common-Law Agency Principles, Not DOL Regulations, Dictate Whether Company Is a Joint “Employer”
Posted on Dec 20, 2016 in Administrative Law, Employment Law and Employee Benefits | Comments Off on Common-Law Agency Principles, Not DOL Regulations, Dictate Whether Company Is a Joint “Employer”
The Eleventh Circuit considered the meaning of “employer” in the context of the H-2A visa program and declined to apply Chevron deference to a then-prevailing Department of Labor interpretation. The court instead applied common-law agency principles. Garcia-Celestino v. Consolidated Citrus Limited Partnership, 2016 WL 7240150 (Dec. 15, 2016), involved claims brought by a group of...
Eleventh Circuit Defers to National Park Service’s Wilderness Designation
Posted on Sep 1, 2016 in Administrative Law | Comments Off on Eleventh Circuit Defers to National Park Service’s Wilderness Designation
The Eleventh Circuit has upheld a decision by the National Park Service (“NPS”) to designate certain federal lands in Florida as “wilderness.” Nat’l Parks Conservation Ass’n v. U.S. Dep’t of Interior, No. 14-15326 (11th Cir. Aug. 31, 2016). The NPS acquired approximately 112,400 acres of additional lands to add to the Big Cypress National Preserve in Florida including approximately...
Eleventh Circuit Declines to Wade into Clean Water Rule
Posted on Aug 22, 2016 in Administrative Law | Comments Off on Eleventh Circuit Declines to Wade into Clean Water Rule
The Eleventh Circuit has declined to decide a case it held to be entirely duplicative of a challenge to the EPA’s and Army Corps of Engineers’ Clean Water Rule making its way through the Sixth Circuit. The plaintiffs in Georgia ex rel. Olens v. McCarthy, 2016 WL 4363130 (11th Cir. Aug. 16, 2016), filed a complaint in the Southern District of Georgia challenging the validity of the rule...
Collateral Challenge to Constitutionality of SEC Administrative Procedure to be Dismissed for Lack of Jurisdiction
Posted on Jun 17, 2016 in Administrative Law, Jurisdiction | Comments Off on Collateral Challenge to Constitutionality of SEC Administrative Procedure to be Dismissed for Lack of Jurisdiction
On June 17, the Eleventh Circuit decided Hill v. SEC, 825 F.3d 1236 (11th Cir. 2016), vacating the district court’s grant of two motions for preliminary injunctions prohibiting the Securities and Exchange Commission’s (SEC) administrative enforcement proceedings. The Eleventh Circuit consolidated two cases where the plaintiffs had each challenged the SEC administrative procedure on...