Supreme Court Justice Gorsuch Talks Deference In DuPont Don-Doff Cert Denial (Law360)

Law360 (June 29, 2018, 5:30 PM EDT) — Justice Neil Gorsuch on Thursday said the U.S. Supreme Court should settle a circuit split over whether courts should defer to statutory interpretations that federal agencies lay out for the first time in litigation, disagreeing with his colleagues’ decision to deny cert for a suit asking whether paid breaks offset the time DuPont workers spent putting on and taking off work gear.

In E.I. du Pont de Nemours and Co. v. Bobbi-Jo Smiley, the chemical giant asked the U.S. Supreme Court to review a Third Circuit…

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