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


    Chevron Deference, Regulations and Rulemaking, Department of Labor, Administrative Law
  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.



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Counsel of Record

For Petitioner:

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


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