US Supreme Court Docket

Supreme Court Docket

Oct | Nov | Dec | Jan | Feb | Mar | Apr | Unscheduled | Previous Terms

[Download April 16, 2007 Argument Calendar PDF ]
[Click here for 2005 Docket ]
Many documents listed on this page are PDF files that may be viewed using AdobeReader.

Long Island Care at Home v. Coke
No. 06-593
Title:
    Long Island Care at Home, Ltd., et al., v. Evelyn Coke

Subject:

    Chevron Deference, Regulations and Rulemaking, Department of Labor, Administrative Law
Questions:
  1. Whether the Second Circuit erred in refusing to give deference under Chevron, U.S.A., Inc. v. Natural Res. Def Council, Inc., 467 U.S. 837 (1984), to a thirty-year old Department of Labor regulationa regulation that has twice been upheld by the Tenth Circuiton the ground that, even though it was promulgated under express grants of legislative authority and after full notice-and-comment rulemaking, the regulation was contained in a subpart headed "Interpretations."

  2. Whether, in holding that a longstanding Department of Labor regulation was not persuasive and thus undeserving of any deference under Skidmore v. Swift & Co., 323 U.S. 134 (1944), the Second Circuit erred by failing to address the governing provisions of the Fair Labor Standards Act and by declining to give any weight to the Department's interpretation of its own regulations.

Decisions:

Resources:

Briefs:

    Parties
    Coming Soon
Counsel of Record

For Petitioner:

H. Bartow Farr III
Farr & Taranto
Washington, DC
For Respondent:
Harold Craig Becker
Chicago, IL


 

Oct | Nov | Dec | Jan | Feb | Mar | Apr | Unscheduled | Previous Terms

 

To view PDF files listed on this page you will need Adobe Acrobat Reader


FindLaw Career Center


      Post a Job  |  View More Jobs

    View More