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SPRING 2019 TODAY’S GENER AL COUNSEL

SUPREME COURT PDR DECISION COULD UPEND REGULATORY GROUND RULES 54

Do Federal Courts or Federal Agencies Have Final Say on Interpretation of Federal Statutes? BY BECCA WAHLQUIST

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n PDR Network, LLC v. Carlton & Harris Chiropractic, Inc., the United States Supreme Court is considering the question of whether district courts need to adhere to statutory interpretations made by federal agencies with national reach. To explain why this decision will be very important to American businesses, the discussion in this article focuses on my experiences with the Telephone Consumer Protection Act (TCPA), the statute on which I have spent the majority of my career as a defense attorney, and which caused the dispute in PDR Network. The PDR Network case comes out of the Fourth Circuit. A West Virginia district court dismissed a TCPA class action after refusing to defer to a 2006 order of the Federal Communications Commission (FCC) that

Profile for Today's General Counsel

Today's General Counsel, Spring 2019