The interpretation of statutes is so often decisive in cases of national importance, which touch all our lives. Specifically, I want to talk with you about how courts are relinquishing the power to ...

“The motion for a new trial shall be made promptly after the jury is discharged, or in the discretion of the court not later than 10 days thereafter.” Rule 59(b), SCRCP (emphasis added). Knowing the ...

The Supreme Court has had a number of major statutory interpretation cases in recent years. These include Yates (is a fish a "tangible object"?) and Bond (was a contaminated doorknob a use of ...

Section 801 of the Food and Drug Administration Amendments Act of 2007 (“Section 801”)[i], which is codified at 42 U.S.C. § 282(j) and took effect September 27, 2007, requires that sponsors of ...

In his Insurance Law column, Jonathan Dachs restates the "general, well-settled and widely known" rules for interpreting insurance policy provisions and uses case law to show how the courts are often ...

With the new Trump administration, immigration has been in the national news. President Donald Trump and Attorney General Jeff Sessions have emphasized that the U.S. government will target “criminal ...

Under a doctrine established in the 1984 case Chevron v. Natural Resources Defense Council, courts defer to a federal agency's "permissible" or "reasonable" interpretation of an "ambiguous" statute.

Rules and regulations by federal agencies, which many now call the administrative state, are quickly supplanting Congress as the principal source of the rules that American citizens and businesses ...

Most lawyers believe that if they file a document in court or with a public agency the Rules of Professional Conduct (“the Rules”) do not prohibit them from speaking about the information in the ...

The Department of Labor’s fiduciary rule will make it “more challenging than ever” for advisors and others to recommend rollovers in a non-fiduciary capacity, according to a lawyer, speaking during a ...

Interpretation of statutes cannot be guided by perceptions of judicial hierarchy or notions of “inferior courts”, the Supreme Court has held ...