Skip to main content
Federal & State Lawfederalstatelaw.com
Home/Federal/Cases
Third Circuit· 10/1/2008

Levy v. Sterling Holding Co., LLC

Citations

  • 544 F.3d 493
  • 2008 U.S. App. LEXIS 20681
  • 2008 WL 4415135

How courts have described this case

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

  • holding that in determining whether agency regulation applies retroactively, a court should consider “(1) whether the text of the old regulation was ambiguous; (2) whether the new regulation resolved, or at least attempted to resolve, that ambiguity; (3
  • finding these factors “particularly important” for “determining whether a new regulation merely ‘clarifies’ existing law”
  • explaining that “where a new rule constitutes a clarification – rather than a substantive change – of the law as it existed beforehand, the application of that new rule to pre-promulgation conduct necessarily does not have an impermissible retroactive 34 effect”
  • explaining that in the prior case “we struggled to divine their applicability to the instant fact pattern. . . . [and] repeatedly noted the lack of clear guidance in the text or elsewhere regarding whether and to what extent reclassifications fell within the Rule’s scope”
  • “We see no reason why these principles should not apply equally to the interpretation of a regulation.”
  • “[0]ne could posit that quite the opposite was the case— that the new language was fashioned to clarify the ambiguity made apparent by the caselaw.” (citation omitted)

Source: CourtListener parenthetical corpus (CC0).

Judges: McKee, Rendell, Tashima

Read full opinion on CourtListener

Cited by

39 cases in this archive cite this case; the 20 most cited are listed.

Cites

43 cases in this archive are cited by this case; the 20 most cited are listed.

Other cases named Levy v. Sterling Holding Co., LLC

1 other CourtListener record shares this case name.

Sourced from CourtListener / Free Law Project (CC0).

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.