At least some courts applying the Supreme Court’s recent decision in Kisor v. Wilkie are rejecting agency regulatory interpretations that create “unfair surprise” for regulated parties.
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Eleventh Circuit Potentially Poised to Address Impact of Kisor
The Eleventh Circuit appears to be poised to be one of the first, if not the first, appellate courts in the country to address the impact of the Supreme Court’s decision in Kisor v. Wilkie, which addresses how courts should evaluate an agency’s interpretation of its own regulations.
Continue Reading Eleventh Circuit Potentially Poised to Address Impact of Kisor