No. 21-1139

Daikin Industries, Ltd., et al. v. The Chemours Company FC, LLC

Lower Court: Federal Circuit
Docketed: 2022-02-16
Status: Denied
Type: Paid
Response Waived
Tags: administrative-procedure administrative-procedure-act agency-deference appellate-review factual-determination factual-review judicial-review remand separation-of-powers
Key Terms:
AdministrativeLaw Environmental Securities Patent Trademark Privacy JusticiabilityDoctri
Latest Conference: 2022-03-25
Question Presented (AI Summary)

Whether a federal appellate court may reverse an administrative agency's decision on a factual ground not addressed by the agency, without a remand to that agency, consistent with the Administrative Procedure Act and the principles of separation of powers

Question Presented (OCR Extract)

QUESTION PRESENTED May a federal appellate court, consistent with the Administrative Procedure Act and the principles of separation of powers embedded within that Act, reverse an administrative agency’s decision on a factual ground not addressed by the agency, without a remand to that agency?

Docket Entries

2022-03-28
Petition DENIED.
2022-03-09
DISTRIBUTED for Conference of 3/25/2022.
2022-03-03
Waiver of right of respondent The Chemours Company, FC, LLC to respond filed.
2022-03-02
Waiver of right of respondent United States to respond filed.
2022-02-14
Petition for a writ of certiorari filed. (Response due March 18, 2022)

Attorneys

Daikin Industries, Ltd. and Daikin America, Inc.
Gregory Andrew CastaniasJones Day, Petitioner
The Chemours Company, FC, LLC
Timothy John RawsonFish & Richardson P.C., Respondent
United States
Elizabeth B. PrelogarSolicitor General, Respondent