Carr v. Saul – Has the Court Tired of Issue Exhaustion? Potential Effects on Arthrex
By EsqSocial Corporation 29/04/21
On April 22, 2021, the Supreme Court decided Carr v. Saul, a case with interesting parallels to Arthrex, which deals with appointments clause challenges to the PTAB judges and which will be decided later this Term. In Carr, the Court was asked to determine if a party may properly challenge the unconstitutional appointment of an administrative law judge (ALJ) during the federal court appeal of the ALJ decision when the party failed to raise the issue during the underlying administrative...
By: Foley & Lardner LLP