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6 Oct 2014, 1:33 pm
” Turning to the merits, key “takeaways” from the First District’s opinion include: “The ICCTA grants the STB [exclusive] jurisdiction over rail operations, whether or not they take place entirely within a single state” and remedies under the ICCTA “are [also] exclusive and preempt the remedies provided under [other] [f]ederal or [state] law. [read post]
8 Sep 2014, 3:12 am
Eder J.D. [read post]
4 Sep 2014, 6:22 am
Eder competition. [read post]
31 Jul 2014, 7:54 am
Orin cites this passage for the proposition that “[f]ederal courts lack the power to decide cases unless the justiciability requirements of Article III have been met. [read post]
12 Jul 2014, 7:33 pm
—finding that because “[f]ederal preemption is ordinarily a federal defense to the plaintiff’s suit . . . it does not appear on the face of a well-pleaded complaint, and, therefore, does not authorize removal to federal court. [read post]
1 Jul 2014, 7:14 am
[F]ederal prosecutors [had] argued that Mr. [read post]
27 Jun 2014, 9:43 am
The court goes right to our favorite Erie principle – the one we’ve been evangelizing about for almost eight years:[F]ederal courts must be cautious when making pronouncements about state law and when given a choice between an interpretation of [state] law which reasonably restricts liability, and one which greatly expands liability, we should choose the narrower and more reasonable path.Darvocet, slip op. at 24 (citations and quotation marks omitted).To the extent that a… [read post]
24 Apr 2014, 6:19 am
Kimberly Bennett summarizes the Woodall decision at JURIST, while at Crime and Consequences, Kent Scheidegger praises the Court’s opinion, writing that “[f]ederal habeas remains a safety net in case the state courts completely fail to do their jobs and are clearly wrong, but in all debatable questions the state court decision stands. [read post]
8 Apr 2014, 3:32 pm
In doing so, the Secretary “shall consider approaches that: (1) maximize efficiency and effectiveness by enabling DOL to direct its enforcement resources toward entities for which reported data suggest potential discrepancies in worker compensation, and not toward entities for which there is no evidence of potential pay violations; (2) minimize, to the extent feasible, the burden on [f]ederal contractors and subcontractors and in particular small entities, including small businesses… [read post]
3 Apr 2014, 6:44 pm
As Cornell's Office of Research Integrity and Assurance correctly notes, although [f]ederal regulations are silent on the matter of researchers who want to participate in their own studies. . . . , the regulations do not distinguish between self-experimentation and research on people who are recruited for a specific project. [read post]
1 Apr 2014, 12:38 pm
Whereas plaintiff’sexpress warranty claim can survive to the extent she seeks to recover based on false warranties that Medtronic voluntarily and falsely made beyond the federally approved warning because [f]ederal law already requires [Medtronic] to ensure that any warranty statements it voluntarily makes are truthful, accurate, not misleading, and consistent with applicable federal and state law. [read post]
24 Mar 2014, 2:56 am
Lord Hoffmann's name was one of those three mentioned in Eder J's judgement (March 2012). [read post]
30 Jan 2014, 4:33 pm
” The petition also cites other (non-antitrust) cases to make this point: “[F]ederal legislation threatening to trench on the States’ arrangements for conducting their own governments should be treated with great skepticism, and read in a way that preserves a State’s chosen disposition of its own power. [read post]
20 Jan 2014, 2:37 pm
’s retirement ended investigation into travel reimbursements ederal appeals court Judge Boyce F. [read post]
17 Jan 2014, 12:46 pm
Regarding LNG, the White Paper recommends that “DOE [] expedite its review process for applications to export LNG to non-[Free Trade Agreement] countries and that “[f]ederal environmental review of gas projects should not include potential climate change impacts. [read post]
4 Dec 2013, 9:58 am
” To underscore the point, Justice Alito ridiculed the only public interest that J-Crew (the Texas firm challenging the clause) had presented – the difficulty of a Virginia court applying Texas law: “[F]ederal judges routinely apply the law of a State other than the State in which they sit. [read post]
27 Nov 2013, 7:38 pm
Justice Eder based his reasoning on the presumption that reasonable and rational businessmen would generally intend one-stop adjudication and that in the given case there was “an almost complete overlap” between the contractual and the tortious claim. [read post]
19 Nov 2013, 2:59 pm
And while that (first) appeal was pending… Congress passed the Trademark Dilution Revision Act of 2006 (the “TDRA”), which “amended the F[ederal] T[rademark] D[ilution] A[ct] to clarify that the owner of a famous mark seeking an injunction need prove only that the defendant’s mark ‘is likely to cause dilution… of the famous mark, regardless of the presence or absence of actual or likely confusion, of competition, or of actual economic injury. [read post]
9 Nov 2013, 5:49 am
EDER J.D. [read post]
30 Oct 2013, 3:24 pm
In conclusion, the court reiterated that there needs to be “some level of fairness in an arbitration agreement,” and that “[f]ederal law favoring arbitration is not a license to tilt the arbitration process in favor of the party with more bargaining power. [read post]
