Clear Statements is a recurring series by Abbe R. Gluck on civil litigation and the modern regulatory and statutory state.

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 ...

When a private lender fails to respond promptly to a consumer’s claim that it falsely presented the consumer’s borrowing history, Congress established under the Fair Credit Reporting Act that the ...

In a post earlier today, I mentioned a new paper on statutory interpretation called The Mischief Rule. Now, in a series of posts, I'll blog parts of the introduction with framing comments. You might ...

In a split decision, the U.S. Court of Appeals for the Fourth Circuit held an insurer's notice of cancellation of an insured's life insurance policy complied with a North Carolina statutory ...

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.

“How clear is clear?” asked Justice Antonin Scalia, famously. On Friday, the Supreme Court made absolutely clear that Chevron is dead. Judicial deference to agency interpretations of statutory ...

The U.S. Court of Appeals for the D.C. Circuit recently issued its long-awaited ruling in the PHH v. Consumer Financial Protection Bureau case, finding the structure of the Consumer Financial ...

ONE of the most familiar facts concerning our political system is the division of powers between the legislative, executive, and judicial branches of the government. Hardly less familiar is the ...