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23 Sep 2019, 10:43 am by Rebecca Tushnet
Cornerstone Therapeutics, Inc., 720 F.3d 490 (2d Cir. 2013), as “non-actionable scientific conclusions. [read post]
23 Sep 2019, 5:01 am by Eugene Volokh
Defendant requests that the Settlement Agreement should remain sealed until the final resolution of this matter and then returned to counsel…. [read post]
21 Sep 2019, 11:47 am
(Pix © Larry Catá Backer (Alexandre Blanchet, Les Deux Amies 1912 (Art and History Museum Geneva Switzerland))The Coalition for Peace and Ethics BHR Treaty Project is considering Draft of the "Legally Binding Instrument to Regulate, in International Human Rights Law, The Activities Corporations and Other Business Enterprises," released on 16 July 2019 by the open-ended intergovernmental working group (OEIGWG) Chairmanship. [read post]
19 Sep 2019, 9:56 am by Eugene Volokh
And the IRS can't decide whether those arguments are correct; as the D.C. [read post]
18 Sep 2019, 12:56 pm by Richard J. Andreano, Jr.
  The No-Action Letter provides that unless or until terminated by the CFPB as described in the letter: “[T]he Bureau will not make supervisory findings or bring a supervisory or enforcement action against any Recipient under (a) its authority to prevent unfair, deceptive, or abusive acts or practices, or (b) section 8 of the Real Estate Settlement Procedures Act (RESPA) and section 1024.14 of Regulation X. [read post]
16 Sep 2019, 4:30 am by Ray Dowd
Dynegy, Inc., 344 F.3d 446, 451 (5th Cir. 2003) (“[T]he existence of a license authorizing the use of copyrighted material is an affirmative defense to an allegation of infringement .... [read post]
13 Sep 2019, 10:29 am by Rebecca Tushnet
., --- F.3d ----, 2019 WL 4315152, No. 17-17351 (9th Cir. [read post]
11 Sep 2019, 12:43 pm by Dayna Zolle and Brianne Gorod
” Indeed, the Supreme Court itself has repeatedly recognized that Congress has given the executive branch broad discretion in the immigration context, observing that a “principal feature of the removal system is the broad discretion exercised by immigration officials” and that “[f]ederal officials, as an initial matter, must decide whether it makes sense to pursue removal at all. [read post]
10 Sep 2019, 9:01 pm by Sherry F. Colb
I don’t think the lacteal milk industry ever saw plant-based milks as its “wife” or “girlfriend. [read post]
6 Sep 2019, 12:06 pm by Rebecca Tushnet
To implicate antitrust law, false advertising must be explicitly false, clearly material, clearly reliance-inducing, directed at buyers who don’t know the subject matter, long-lasting, and not subject to neutralization (perhaps by counteradvertising) or other measures by competitors. [read post]