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· 3/1/2024

J.G. Kern Enterprises, Inc. v. NLRB

Citations

  • 94 F.4th 18

Oral argument

Source: CourtListener oral-argument corpus (CC0).

How courts have described this case

Verbatim parenthetical descriptions written by other courts when citing this decision. Ranked by citation-network relevance.

  • stating in dicta that citizen plaintiff could bring a substantive challenge to a rule after petitioning the agency
  • noting the Hobbs Act’s “requirement that agencies promptly give notice of their final orders by service or publication”
  • addressing whether petitioner’s challenge was barred by a statutory time limit
  • \[A] statutory review period permanently limits the time within which a petitioner may claim that an agency action was procedurally defective.\
  • for purposes of a procedural challenge, Hobbs Act’s 60-day time limit ran from when rule promulgated
  • “The agency charged with implementing the statute is not free to evade the unambiguous directions of the law merely for administrative convenience.”

Source: CourtListener parenthetical corpus (CC0).

Read full opinion on CourtListener

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This is legal information, not legal advice. Laws vary by jurisdiction and change frequently. Always verify current law with official sources and consult a licensed attorney in your jurisdiction for advice on your specific situation.