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21 Nov 2021, 9:00 pm by Samuel Estreicher and Ryan Amelio
Court of Appeals for the Fifth Circuit granted an emergency motion to stay enforcement of the November ETS pending further action by the court.[2] The court granted the motion “[b]ecause the petitions give cause to believe there are grave statutory and constitutional issues with the [ETS] . . . . [read post]
20 Nov 2021, 7:29 am by Richard Hunt
The failure to realize that a no fault statute must be treated differently than a statute condemning intentional discrimination has created the entire ADA litigation industry. [read post]
17 Nov 2021, 12:50 pm by Tyler Loga
The Trial Court ruled granting the motion for summary judgment; ruling in effect that the vessel owner owed no duty under these circumstances. [read post]
17 Nov 2021, 7:04 am by Andrew L. Levy and Bill Boak
Court of Appeals for the Fifth Circuit granted a motion to stay OSHA’s COVID-19 Vaccination and Testing Emergency Temporary Standard, published on November 5, 2021 (86 Fed. [read post]
16 Nov 2021, 10:20 am by Jonathan H. Adler
ENDS . . . are a leading driver of youth smoking"); Enforcement Priorities for ENDS without Premarket Authorization Guidance for Industry, A272–78 (collecting data showing "substantial and increasing initiation of ENDS products by youth, particularly certain flavored, cartridge-based products" (on A278)). [read post]
8 Nov 2021, 11:52 am by Kevin LaCroix
These chances are particularly noteworthy for companies in the health care and life sciences industries, since over 80% of the DOJ’s False Claims Act recoveries in FY 2020 were in those industries. [read post]
8 Nov 2021, 11:52 am by Kevin LaCroix
These chances are particularly noteworthy for companies in the health care and life sciences industries, since over 80% of the DOJ’s False Claims Act recoveries in FY 2020 were in those industries. [read post]
  The court found: Even if the customizable nature of Blackbaud’s services gives its customers primary control of the data, however, Blackbaud still has the greatest amount of control over the security of the data that is stored. . . . [read post]
  The court found: Even if the customizable nature of Blackbaud’s services gives its customers primary control of the data, however, Blackbaud still has the greatest amount of control over the security of the data that is stored. . . . [read post]
28 Oct 2021, 5:01 am by Brian Liu, Raquel Leslie
The U.S. technology sector has also warned that more export controls could damage domestic industry, especially given that China remains the biggest market for semiconductors. [read post]
27 Oct 2021, 9:15 am by John Elwood
§ 7411(d), which authorizes the Environmental Protection Agency to impose standards “for any existing source” based on limits “achievable through the application of the best system of emission reduction” that has been “adequately demonstrated,” grants the EPA authority not only to impose standards based on technology and methods that can be applied at and achieved by that existing source, but also allows the agency to develop industry-wide systems… [read post]
18 Oct 2021, 1:37 am by INFORRM
  The DCMS states that many controllers have found the balancing test difficult to perform, but this criticism appears to be based on a misunderstanding of the current law, which is already tipped in favour of the controller. [read post]
17 Oct 2021, 2:17 pm by admin
INTRODUCTION The new, third edition of the Reference Manual on Scientific Evidence was released to the public in September 2011, as a joint production of the National Academies of Science, and the Federal Judicial Center. [read post]
15 Oct 2021, 4:00 am by Jim Sedor
Every two years, party control is determined by the outcome of only a few dozen seats. [read post]
14 Oct 2021, 11:08 am by John Elwood
The FISC dismissed the motion, as did the Foreign Intelligence Surveillance Court of Review, also created in 1978. [read post]