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Focus on Regulation

Tag Archives: Supreme Court

Understanding Escobar: The Supreme Court Endorses FCA Implied Certification, with Limits

A unanimous Supreme Court held in Universal Health Services, Inc. v. United States ex rel. Escobar (“Escobar”) that under the civil False Claims Act (FCA), an “implied certification” of compliance could serve as a basis for liability for treble damages and penalties, but only in certain circumstances, rejecting attempts to extend liability under this theory to include any violation of a statute, regulation, or contract term that could theoretically permit the government to deny payment of a claim. The boundaries of this highly anticipated FCA ruling will be the source of additional litigation in the coming months and years.

Supreme Court Decision in Gomez Shifts Attention Back to FCC TCPA Petitions

In January, the United States Supreme Court issued a long-awaited ruling in Campbell-Ewald Co. v. Gomez, 577 U.S. __ (2016), a significant case for companies defending against consumer and other class actions, including those based on the Telephone Consumer Protection Act (TCPA) – as well as for contractors working on behalf of the federal government.

State Boards Seeking an Antitrust Pass? FTC Explains What They Need to Know

A Supreme Court decision from February ruled that state regulatory boards run by “a controlling number” of “active market participants” can qualify for an antitrust exemption only if they are “actively supervised” by the state. But the Court left the content of those key terms vague, leaving states to wonder about the degree of antitrust scrutiny their regulatory boards will face. The FTC staff last week issued guidance on how they believe the Supreme Court’s decision should be implemented.

What to expect when you’re not expecting: The Supreme Court clarifies the concept of legitimate expectations

In a recent judgment, the Supreme Court has distinguished the concept of legitimate expectation from an applicant’s right for their application to be considered in accordance with a public authority’s stated policy. The case relates to an application for a visa extension, which was rejected due to a failing by the applicant, Mr Mandalia, to submit

Supreme Court Remands EPA Mercury and Air Toxics Standards (“MATS”) for Failing to Consider Costs

On June 29, 2015, the United States Supreme Court ruled that the Environmental Protection Agency (“EPA”) erred by failing to consider costs when deciding whether it was “appropriate and necessary” to regulate emissions of mercury and other hazardous air pollutants from power plants. See Michigan v. EPA, U.S., No. 14-46, slip op. (June 29, 2015).

No Antitrust Immunity for State Boards Run by Market Participants

The Supreme Court ruled on February 25 that state professional boards controlled by private entities must be “actively” supervised by state governments to fall within the scope of the state-action antitrust immunity doctrine. North Carolina State Board of Dental Examiners v. FTC, S. Ct. No. 13–534 (Feb. 25, 2015). Companies and private market actors that

Supreme Court not detained by narrow statutory power

In a judgment handed down this morning, the Supreme Court adopted a pragmatic and flexible approach to the scope of HMRC’s powers of interference with property on certain grounds.  Reversing the Court of Appeal’s ruling, the Supreme Court found that, while the express statutory power to detain goods on which HMRC originally relied did not

Supreme Court strikes down aggregate political contribution limits

Today the Supreme Court, in McCutcheon v. FEC, issued a ruling striking down the aggregate limits on individual campaign contributions under the Federal Election Campaign Act. By a 5-4 decision, the court found the restrictions to be a violation of First Amendment rights. Prior to today’s decision, individuals could contribute up to US$48,600.00 to all

Off the record: Supreme Court sides with Charity Commission in FOIA appeal

The Supreme Court has ruled that the absolute exemption contained in s.32(2) of the Freedom of Information Act 2000 (“FOIA“) continues to apply to information obtained or created by a person conducting an inquiry even after the termination of that inquiry.  The decision was not without dissent, however, with the minority of the Court considering

Disclosure of employment equality data “necessary” under Data Protection Act

A Scottish council has been required to provide data indicating whether it pays traditionally “male” jobs more than traditionally “female” roles, after the Supreme Court rejected its argument that Data Protection legislation prevented disclosure. The case provides clarification on what is meant by the requirement that disclosure, and other forms of data processing, be “necessary”

Supreme Court tightens the scope of antitrust immunity in government-owned hospital mergers

In a unanimous and favorable decision for the Federal Trade Commission (FTC), the Supreme Court found that the state action immunity doctrine does not shield Phoebe Putney Health System’s acquisition of Palmyra Park Hospital from antitrust scrutiny, sending the parties back to FTC administrative litigation to battle over the legality of the hospital merger. The

Supreme Court Reverses D.C. Circuit in Medicare Equitable Tolling Case

The Supreme Court issued a unanimous opinion today reversing a D.C. Circuit decision that held that the 180-day statutory deadline for providers to appeal reimbursement determinations to the Provider Reimbursement Review Board (PRRB) is subject to equitable tolling. In this case, the hospitals sought to challenge their disproportionate share hospital (DSH) payments ten years after

The Supreme Court’s Major Wireless Non-Decision Decision

Amid the historic results of the past Supreme Court term, industry watchers should not overlook the Court’s decision to deny certiorari and not hear the broadcasters’ appeal of the FCC’s 2008 cross-ownership decision.  Last year the Third Circuit upheld the FCC’s rules, which preserved most limits on how many stations one broadcaster could control in

Supreme Court Issues Long-Awaited Health Reform Decision: Upholds Entire Law, but Imposes Certain Restrictions on Medicaid Expansion

In the most closely-watched decision of its 2012 term, Chief Justice Roberts delivered the opinion for a majority of a divided Supreme Court today upholding the individual mandate in the Affordable Care Act (ACA).  The vote was 5-to-4.  While the Court also upheld the Medicaid expansion, it narrowly read the federal government’s power to terminate

Supreme Court Rules Agencies Must Honor Contract Obligations Even if “Subject to the Availability of Appropriations”

Co-Authored by Agnes P. Dover, Partner and Director of Hogan Lovells’ Government Contracts Practice In the only government contract case it considered this term, Salazar, Secretary of the Interior, et al. v. Ramah Navajo Chapter et al., the Supreme Court of the United States addressed the question of whether a federal agency is excused from paying

Breaking decisions from the Supreme Court: Term in review

On Tuesday afternoon, three of Hogan Lovells’ Appellate practice partners will provide an analysis of some of the key decisions that will impact businesses as the Supreme Court concludes its current term. Neal Katyal, former Acting Solicitor General of the United States and Appellate practice Co-Director, Cate Stetson, Co-Director of our Appellate practice; and Chris

Supreme Court Declines to Review Appeal by Christian Student Groups

On March 19, the Supreme Court announced, without comment, that it would not hear an appeal from two religious student groups challenging San Diego State University’s decision not to grant official recognition to the groups. In Alpha Delta Chi-Delta Chapter v. Reed, the student groups had argued that the university violated their First Amendment rights

Clean Water: Supreme Court Holds Pre-Enforcement Review of CWA Compliance Orders Is Available Under APA

In its March 21, 2012 decision in Sackett v. EPA, the U.S. Supreme Court determined that plaintiffs have a pre-enforcement right to challenge the EPA’s assertion of Clean Water Act (CWA) jurisdiction in administrative compliance orders issued by the Agency.  Implications of the Sackett decision are discussed below, as well as in other articles including Bloomberg and