Tag Archives: agency adjudication

Day v. Johns Hopkins: Hard Cases Make Bad Law, or Good Law

by Bernard Bell — Thursday, Dec. 13, 2018

Dr. Paul Wheeler, and his unit within Johns Hopkins Medical Center engaged in a pattern of false medical assessments of claimants seeking benefits under the Federal Black Lung Program.[1]  In Day v. John Hopkins Health System Corp., 907 F.3d 766 (4th Cir. October 26, 2018), a divided Fourth Circuit panel held that the witness litigation […]

Exploring the Constitutional Tensions in Agency Adjudication after Lucia and Oil States

by Christopher J. Walker — Monday, Nov. 26, 2018@chris_j_walker

As part of a terrific Iowa Law Review Administering Patent Law Symposium, I have spent some time thinking about the constitutional tensions in agency adjudication after the Supreme Court’s decisions last Term in Lucia and Oil States. I’ve just posted a draft of that essay to SSRN. One thing that somewhat surprised me in working through […]

Situating PTAB Adjudication Within the New World of Agency Adjudication

by Christopher J. Walker — Friday, Mar. 23, 2018@chris_j_walker

Over at Patently-O, Melissa Wasserman and I have the following guest post on our new article: In 2011, Congress created a series of novel proceedings for private parties to challenge issued patents before the newly formed Patent Trial and Appeal Board (PTAB). While the PTAB proceedings are immensely popular, they have also been controversial. A series of […]