Thomas Barker

Jul 3, 2024 | jdsupra.com | Thomas Barker |Regina DeSantis |Marilyn Icsman

Key Takeaways: On June 28, 2024, in Loper Bright Enterprises v. Raimondo and Relentless, Inc. v. Department of Commerce (“Loper Bright”), the Supreme Court struck down the doctrine of Chevron deference, ending four decades of judicial deference to agency interpretations of ambiguous statutes. Deference to federal agencies will now be permitted only when Congress has expressly delegated such authority—and even then only as applied to factual determinations.

Jan 9, 2024 | jdsupra.com | Thomas Barker |Alexander Somodevilla

Key Takeaways: On January 2, 2024, the United States Court of Appeals for the Fifth Circuit affirmed a lower court’s decision finding that the federal Emergency Medical Treatment and Labor Act (EMTALA) did not preempt the state of Texas’ restrictive abortion law. On January 5, 2024, the United States Supreme Court agreed to weigh in on a separate but related case involving a challenge to the state of Idaho’s restrictive abortion law under the theory of EMTALA preemption.

Dec 12, 2023 | jdsupra.com | Thomas Barker |Alexander Somodevilla

[co-author: Kian Azimpoor]We’ve written recently about the process that states are undertaking to begin to wind down the Medicaid enrollment expansion that was necessitated by the enactment of the Families First Coronavirus Response Act in March of 2020.

Dec 11, 2023 | jdsupra.com | Thomas Barker |Brian Carey |Erin Estey Hertzog

Key Takeaways: The draft framework represents the most significant formal step taken by any Administration toward the exercise of march-in rights over patents of inventions made with federally funded research since the enactment of the Bayh-Dole Act in 1980.

Nov 8, 2023 | jdsupra.com | Haider Andazola |Thomas Barker |Erin Estey Hertzog

Key Takeaways: On November 3, 2023, a Federal District Court issued a decision invalidating the Health Resources and Services Administration’s (HRSA’s) 340B “patient” definition.