Practical Applications of Administrative Law: Litigation, Appeals and Rule Making Challenges

Date: Available 24/7 CLE Credits: 2 General

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Course Description

This program was recorded on July 11, 2019

Your manufacturing client has been approached by the Consumer Product Safety Commission expressing concern about their products and potential dangers. In fact, the CPSC says, that the widgets they are producing are substantial product hazards, subjecting them to a recall. Not only that, they are seeking to promulgate a Rule to impose safety guidelines that have the practical effect of prohibiting your client from selling their widgets. Now what? 



  • David Japha
    Attorney David C. Japha is a partner of Levin Jacobson Japha P.C. in Denver, Colorado. David became a licensed attorney in the state of Colorado in 1984 and is a graduate of the University of Denver Sturm College of Law. He practices before all Colorado state courts and the U.S. District Court for the District of Colorado. David practices in the areas of administrative law, business law, civil litigation, commercial litigation and criminal defense, serving clients throughout Colorado as well as other states, where he has been admitted pro hac vice on numerous occasions.

    Contact David Japha
      • 2 General Credits
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    1. INTRODUCTION AND OVERVIEW
    2. CONTACT FROM AN ADMINISTRATIVE AGENCY – REQUEST FOR STOP SALE
      1. JUNE, 2012
      2. RESPONSES FROM THE BUSINESS
      3. ADMINISTRATIVE COMPLAINT
    3. WRITTEN ANSWER
    4. RULES OF ADMINISTRATIVE PROCEDURE
      1. APA
      2. CPSC
      3. Specific Agency
    5. DISCOVERY – They let you have that many interrogatories, really?
    6. MOTIONS—these still must be mailed, what?
    7. HEARING
    8. INITIAL DECISION AND ORDER
    9. APPEAL
    10. FINAL DECISION AND ORDER
    11. US DISTRICT COURT ACTION
    12. RULE MAKING
    13. CHALLENGES TO RULES/RULE MAKING: A SHORT COURSE THROUGH THE APA
    14. 10TH CIRCUIT OPINION: Zen Magnets, LLC v. CPSC, 841 F.3d 1141 (10th Cir. 2016)
    15. LESSONS LEARNED: HOW TO PROCEED IN THE FUTURE AND WHAT NOT TO DO IN THE FUTURE!

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