Just before the end of 2022, the Ohio Supreme Court decided the case TWISM Ents., L.L.C. v. State Bd. of Registration for Professional Engineers & Surveyors. In TWISM, the Court took steps similar to those taken by the United States Supreme Court when chipping away at the Chevron doctrine by limiting the scope and power of the rule that courts should defer to an administrative agency’s interpretation of a statute when the administrative agency is tasked with enforcing that statute.
Getting a trial court to rethink its prior decision is a steep climb. The United States Supreme Court’s decision in Kemp v. United States, issued June 13, 2022, makes achieving such outcomes easier in one sense, but more difficult in another.
Asking an appellate court to reconsider its decision is rarely going to be successful. Even less likely to be successful is the argument that the appellate court addressed the issues and considered the evidence and facts, but simply got it wrong. But a recent Ohio Supreme Court decision gives hope for a narrow band of motions in which the litigants argue just that.
Topics/Tags
Select- Litigation
- Class Action Litigation
- Appellate Law
- Cybersecurity and Privacy Law
- Data Breach
- E-Discovery
- Securities Law
- Coronavirus
- Sixth Circuit
- Supreme Court
- Intellectual Property
- Social Media
- Trademark
- Trademark Litigation
- Initial Coin Offering
- Bet-the-Company Litigation
- E-Discovery Case Law
- Electronic Data Discovery
- Antitrust
- Federal Rules of Civil Procedure
- Employment Law
- Workplace Accommodations
- ESI
- Employer Policies
- Labor & Employment Law
- Labor Law
- Technology
- ERISA
- Stock Drop
- GDPR
- General Data Protection Regulation
- Cryptocurrency
- SEC
- Securities Litigation
- Ascertainability
- Cybersecurity Regulation
- Drug Enforcement Agency
- Medical Marijuana
- Ohio Foreclosure Reform
- Craft Brewing
- Copyright Law
- Accommodation
- Americans with Disabilities Act
- Cyber Insurance
- EEOC
- Electronically Stored Information
- Environmental Law
- Fair Housing Act
- FLSA
- Health Care Act
- Healthcare Reform
- Pregnancy Discrimination
- Proportionality
- Religion Discrimination
- Seventh Circuit
- Telecommuting
- Business Process Improvement
- Employer Handbook
- Employer Rules
- Employment Litigation
- Lenders
- National Labor Relations Act
- National Labor Relations Board
- NLRB
- Receivership Statute
- Unions
- E-Discovery Project Plan
- Predictive Coding
- TAR ( Technology Assisted Review)
- Evidence
- Quality Representation
- Subpoena
- Arbitration
- CAFA
- Land Use & Zoning
- Construction Litigation
- Privacy
- Statute of Limitations
- Taxation
- Federal Rule
Recent Posts
- Agency Deference Loses its Luster Under Ohio Law—Is Interpretation of Administrative Statutes Ohio's Next Legal Hot Topic?
- United States Supreme Court Clarifies Boundaries of Federal Civil Rule 60(b)
- Motion for Reconsideration in an Appeal: Sometimes the Court will Reconsider if you Argue its Initial Decision was Just Wrong
- TransUnion LLC v. Ramirez and the Impact on Class Action Litigation
- Questioning the Questionnaires: New PPP-Related Litigation Raises Issues for Borrowers
- "You Don't Have to Go Home But You Can't Stay Here": Updates to Ohio and Kentucky’s COVID-19 Orders Impacting Bars & Restaurants
- Kentucky Restaurants Begin Opening with Limited Capacity Amid COVID-19 Epidemic
- Ohio Restaurants and Bars Begin Soft Openings for Diners Amid COVID-19 Epidemic
- Supreme Court Sidesteps “Cy Pres” Challenge
- Golfers, New and Old - Be Careful!