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Hyosung D&P Co., Ltd. v. United States

Petition for certiorari denied on March 20, 2017
Docket No. Op. Below Argument Opinion Vote Author Term
16-141 Fed. Cir. N/A N/A N/A N/A OT 2016

Disclosure: Goldstein & Russell, P.C., whose attorneys contribute to this blog in various capacities, is among the counsel to the petitioner in this case.

Issue: (1) Whether deference under Auer v. Robbins should be afforded to the interpretation of an agency regulation offered by the agency's lawyers in a case in which the agency is itself a party; and (2) whether Auer and Bowles v. Seminole Rock & Sand Co. should be overruled.

DateProceedings and Orders
May 16 2016Application (15A1182) to extend the time to file a petition for a writ of certiorari from May 30, 2016 to June 29, 2016, submitted to The Chief Justice.
May 18 2016Application (15A1182) granted by The Chief Justice extending the time to file until June 29, 2016.
Jun 14 2016Application (15A1182) to extend further the time from June 29, 2016 to July 29, 2016, submitted to The Chief Justice.
Jun 15 2016Application (15A1182) granted by The Chief Justice extending the time to file until July 29, 2016.
Jul 29 2016Petition for a writ of certiorari filed. (Response due August 31, 2016)
Aug 22 2016Waiver of right of respondent Diamond Sawblades Manufacturers Coalition to respond filed.
Aug 24 2016Waiver of right of respondent Ehwa Diamond Industrial Co., Ltd. to respond filed.
Aug 25 2016Order extending time to file response to petition to and including September 30, 2016.
Aug 25 2016Waiver of right of respondent SH Trading, Inc. and Shinhan Diamond Industrial Co., Ltd. to respond filed.
Sep 15 2016Order further extending time to file response to petition to and including October 31, 2016.
Oct 17 2016Order further extending time to file response to petition to and including November 30, 2016.
Nov 15 2016Order further extending time to file response to petition to and including December 30, 2016.
Dec 30 2016Brief of respondent United States in opposition filed.
Jan 17 2017Reply of petitioner Hyosung D&P Co., Ltd. filed.
Jan 18 2017DISTRIBUTED for Conference of February 17, 2017.
Mar 10 2017Supplemental brief of petitioner Hyosung D&P Co., Ltd. filed.
Mar 13 2017DISTRIBUTED for Conference of March 17, 2017.
Mar 20 2017Petition DENIED.
 
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