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AXON v. FTC Will Put the Administrative State on Trial
February 13, 2020
There is a case of importance and promise for injecting Constitutional protections in proceedings by administrative agencies. Faced with a recalcitrant Federal Trade Commission (“FTC”), AXON Enterprises, Inc. (“AXON”) sued the FTC in federal court on January 3, 2020 seeking declaratory and injunctive relief from the process that the…
Cattle Producers to Court: RFID Mandate Not Resolved
February 11, 2020
The attorney for R-CALF USA and several individual rancher-plaintiffs, who alleged in October that the U.S. Department of Agriculture (USDA) and its Animal and Plant Health Inspection Service (APHIS) violated U.S. law by attempting to force RFID technology upon the entire U.S. cattle industry, filed a response to the agencies'…
RFID lawsuit: Gotta have it or make it stop?
February 7, 2020
The US Dept. of Agriculture filed a motion to dismiss a lawsuit challenging the agency’s plant to implement a livestock traceability program using radio frequency identification (RFID) tags. But lawyers for the plaintiffs want the court to hear the case. Read the full article here.
USDA moves to dismiss lawsuit over RFID mandate
February 7, 2020
New Civil Liberties Alliance rejects agency’s attempt to dismiss case after removing guidance on radio frequency identification technology. Read the full article here.
It’s Time for Agencies to Adopt the Brady Rule in Civil Enforcement Actions
February 6, 2020
In Brady v. Maryland, the Supreme Court first recognized that a defendant’s due process rights are violated when a prosecutor fails to disclose material exculpatory evidence, evidence tending to show that a defendant is not guilty of a crime or punishment. The Brady Court found that criminal defendants have a…
Mark Cuban Among SEC Critics Siding With Lucia In ALJ Fight
February 6, 2020
Dallas Mavericks owner Mark Cuban and two prominent hedge fund managers are throwing their support behind former investment adviser Raymond Lucia in his latest challenge to the constitutionality of the U.S. Securities and Exchange Commission's administrative law judges. Read the full article here.
CFPB Backs Funding Constitutionality As Firm Battles Probe
February 4, 2020
The Consumer Financial Protection Bureau fought back Monday against a preliminary injunction bid by a New York debt collection law firm that's accused the agency of “blatantly lawless behavior” in investigating it, painting the firm’s case as procedurally improper and rejecting its constitutional challenge to the agency’s budgetary independence. Read…