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21 Aug 2023, 1:07 pm by Matthew Ackerman
., 440 U.S. 202, 203 (1979) (“[C]ompensation to cover a landowner’s litigation costs is a matter of legislative grace rather than constitutional command. [read post]
17 Aug 2023, 10:51 pm by Adam Levitin
PG&E, for example, had nondebtor releases, but required creditors to affirmatively opt-in to them. [read post]
16 Aug 2023, 10:52 am by Kevin LaCroix
An affirmance in Jarkesy could have broad implications and impact the behavior of other federal agencies, particularly those that use their own in-house administrative tribunals to conduct enforcement proceedings or seek to promulgate their own rules and guidelines on policy matters. [read post]
14 Aug 2023, 5:36 am by Guest Author
It has provided virtually no guidance on what it means for a matter to present a “major question,” it has provided little guidance on what it means for a matter to present a “major question,” it has provided little guidance on the degree of statutory specificity necessary to provide agency authority over a major question . . . . [read post]
7 Aug 2023, 7:48 am by Frank Cranmer
As to the complaint about the behaviour of the security officers on the day, he agreed with Cavanagh J that “the real remedy that the claimant seeks is damages and this is not a suitable matter to be dealt with by way of judicial review, as it relates to an incident in respect of which the facts are substantially in dispute and the procedures for judicial review are not suited to the resolution of disputes of fact. [read post]
4 Aug 2023, 6:17 am by Andrew Lavoott Bluestone
After a nonjury trial, in a decision and order dated April 29, 2019, the Honorable Gerald E. [read post]