Federal regulatory agencies bring thousands of civil enforcement actions every year. The vast majority of these cases are heard, not by independent judges, but by Administrative Law Judges hired and employed by mid-level employees of the agencies bringing suit. Supporters say ALJs streamline the enforcement process, claim the judges are protected from conflicts of interest, … Continue reading “Are Administrative Law Judges Unconstitutional?”

Class action lawsuits are an important and valuable part of the legal system because they permit many small legal claims to be aggregated into a single action against a defendant that has allegedly harmed a large number of people in a similar way. By banding together, class actions can provide a fair and efficient resolution … Continue reading “Class Action Fairness? Zero-Dollar Settlements and Cy Pres Awards Go to the U.S. Supreme Court”

The Supreme Court’s Fall Term began on October 1, and the very first case it heard involves a highly contentious battle over the Endangered Species Act. In Weyerhaeuser v. Fish and Wildlife Service, the Court will determine how broad the federal government’s powers are to designate land as “critical habitat” when no endangered or threatened species inhabit … Continue reading “Environmental Litigation at the Supreme Court: A Preview of the October 2018 Term”

Countless legal battles are fought over whether certain cases should be heard in state or federal courts. The choice of venue matters because federal and state courts have different procedural rules that can have big impacts on a case’s ultimate resolution. So, every year, plaintiffs and defendants spend billions of dollars trying to ensure their … Continue reading “Are You Going to Make a Federal Case Out of It? Exploring the Impact of Federal Diversity Jurisdiction”