After the Supreme Court overturned the 40-year-old Chevron doctrine in Loper Bright Enterprises v. Raimondo, lower courts were left wondering when, if ever, they defer. Recall: under Chevron, courts defer to reasonable agency interpretations of ambiguous statutes.
GableGotwals represents Jet Commercial Construction, LLC and its owners, Steve Rich and Jake Sharp, in a negligent-misrepresentation and breach-of-contract dispute arising from the construction of a fountain at Ceasars Place in Las Vegas, Nevada. The Firm’s litigation team moved to dismiss the individual claims due to lack of personal jurisdiction. The trial court denied the motion and issued subsequent adverse rulings against the individual owners on discovery issues. The litigation team filed a petition for a writ of prohibition with the Nevada Supreme Court, which the Court ultimately granted and directed the trial court to dismiss Rich and Sharp.
Listen to Gerard D'Emilio discuss how his experience as a judicial law clerk shaped his contributions to the chapters "Oklahoma Citizens Participation Act" and "Appellate Practice" in Oklahoma Civil Procedure Forms and Practice.
The litigation team filed a petition for a writ of prohibition with the Nevada Supreme Court, which the Court ultimately granted and directed the trial court to dismiss Jet Commercial Construction, LLC and its owners, Steve Rich and Jake Sharp.
Currently, five circuits—including the Tenth Circuit—require a heightened showing by members of “majority groups” to allege discrimination.
When the United States Supreme Court junked the 40-year-old Chevron doctrine this past term in its Loper Bright decision, many in the legal community were wondering what the fallout would look like. Loper Bright liberated courts to freshly interpret statutes and eschew deference to agency interpretations, setting the stage for a flood of rulings invalidating regulations across the administrative state. A prime candidate for attack: the Department of Labor’s “Minimum Salary Rule.”
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