Gorss Motels, Inc. v. Federal Communications Commission

Docket Number20-1075
Decision Date03 December 2021
The Second Circuit denied a petition for review challenging an FCC order removing the Solicited Fax Rule from the Code of Federal Regulations. The order was issued in response to the D.C. Circuit's decision holding that the Solicited Fax Rule was unlawful, and vacating a 2014 order of the FCC that affirmed the validity of the Rule. The court concluded that it is bound by the D.C. Circuit's decision and that the agency did not err by repealing the Rule following the D.C. Circuit's ruling...

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3 cases
  • Comcast of Or. II, Inc. v. City of Beaverton
    • United States
    • U.S. District Court — District of Oregon
    • June 29, 2022
    ...regarding the validity of the Second Report and Order is binding outside of the Eleventh Circuit."); see also Gorss Motels, Inc. v. FCC , 20 F.4th 87, 92 (2d Cir. 2021) ("So once the D.C. Circuit invalidated the 2014 Order and the Solicited Fax Rule, that holding became binding in effect on......
  • Georgia v. President of the U.S.
    • United States
    • U.S. Court of Appeals — Eleventh Circuit
    • August 26, 2022
    ...If that circuit court invalidates or upholds an agency decision, the ruling is binding nationwide. See, e.g. , Gorss Motels, Inc. v. FCC , 20 F.4th 87, 97 (2d Cir. 2021). One recent high-profile example of such centralized review was the multi-circuit lottery that resulted in OSHA vaccine m......
  • Bonnet v. Garland
    • United States
    • U.S. Court of Appeals — First Circuit
    • December 13, 2021
    ... ... is denied .--------Notes:* Pursuant to Fed. R. App. P. 43(c)(2), Attorney General Merrick B ... ...