On August 15, 2025, the U.S. Court of Appeals for the D.C. Circuit limited FDA's ability to deny a hearing on the approvability of a new drug application (NDA) based on a lack of “substantial evidence ...
The Federal Trade Commission (FTC) has the distinct advantage of being able to bring enforcement actions before its own administrative tribunals. The FTC rarely loses a case brought through this ...
It’s a good bet that when one party to a lawsuit wants a case remanded to an administrative agency, it’s the defendant. That’s because one of the primary effects of a remand is delay. But defendants ...
Justice Clarence Thomas sent a warning shot across the bow of the expansive administrative state in a recent opinion suggesting it was time the court upend the litany of agencies that act as ...