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6 Mar 2008, 11:34 am
Excel Communications, Inc., 172 F.3d 1352 (Fed. [read post]
6 Feb 2017, 9:41 am by Dennis Crouch
§ 706(2), confines judicial review of agency action to a specific list of errors—a court may set aside agency actions that are: (A) arbitrary, capricious, an abuse of discretion, or otherwise not in accordance with law;  … (C) in excess of statutory jurisdiction, authority, or limitations, or short of statutory right; (D) without observance of procedure required by law; … Section 706(2) is famously deferential to agencies, but it doesn’t insulate… [read post]
29 Apr 2023, 5:00 am by Public Employment Law Press
FORD LILLIAN WAN, JJ. 2019-14251 (Index No. 608005/19) [*1]In the Matter of Town of Hempstead, petitioner, vNew York State Division of Human Rights, et al., respondents. [read post]
29 Apr 2023, 5:00 am by Public Employment Law Press
FORD LILLIAN WAN, JJ. 2019-14251 (Index No. 608005/19) [*1]In the Matter of Town of Hempstead, petitioner, vNew York State Division of Human Rights, et al., respondents. [read post]
29 Jul 2013, 10:38 pm by Orin Kerr
Finley, 477 F.3d 250, 259-60 (5th Cir. 2007) (analyzing the issue as a matter of searching for evidence of the crime of arrest). [read post]
23 Mar 2020, 1:02 pm by Steve Baird®
Pub., Inc., 971 F.2d 302, 308 fn7 (9th Cir. 1992). [read post]
13 Jun 2011, 8:58 pm
Appeal covered judgment as a matter of law (JMOL), damages, obviousness, willfulness, and award of attorneys fees. [read post]
11 Aug 2016, 1:57 pm by Jamie Markham
I don’t think the use of that form makes any difference as a substantive matter (between the judgment forms and the related court orders, all of the necessary findings are in place). [read post]
11 Aug 2016, 1:57 pm by Jamie Markham
I don’t think the use of that form makes any difference as a substantive matter (between the judgment forms and the related court orders, all of the necessary findings are in place). [read post]
25 Jan 2007, 12:48 am
The "it," of course, is negligence per se based upon claims that the defendant somehow violated the Food, Drug & Cosmetic Act ("FDCA").Pull up a cyberchair and pay attention because we're going to explain some ways of defeating such claims - as a matter of law - that you probably haven't considered.First, a little bit on why FDCA-based negligence per se is so dangerous and difficult a cause of action to deal with. [read post]
9 May 2011, 4:30 am
T-Mobile USA, Inc., 564 F.3d 1256, 1268 n.12 (11th Cir. 2009) found that plaintiff’s subsequent failure to make a showing of class numerosity does not divest the federal courts of subject matter jurisdiction. [read post]
20 Apr 2012, 4:30 am
T–Mobile USA, Inc., 564 F.3d 1256, 1268 n. 12 (11th Cir.2009), stated thatplaintiffs’ failure to meet numerosity requirement for certification did not strip the court of its jurisdiction under CAFA. [read post]
5 Dec 2023, 3:09 pm by Giles Peaker
In fact it resolutely didn’t do some other things – to which I’ll return below. [read post]