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18 Dec 2013, 12:46 pm by Margaret Wood
”  In 2000, the Supreme Court of the United States in its decision in Troxel v. [read post]
16 Jun 2015, 11:41 pm
In holding that no preliminary injunction should have been granted, the Court applied the factors construed in Winter v NRDC, which would require the plaintiff to show (1) that she is likely to succeed on the merits, (2) that she is likely to suffer irreparable harm in the absence of a preliminary injunction, (3) that the balance of equities is in her favour and (4) that granting an injunction is in the public interest. [read post]
13 Nov 2012, 8:52 am by Second Circuit Civil Rights Blog
But the Court of Appeals (Raggi, Winter and Livingston) is hesitant to reject this argument entirely. [read post]
18 May 2013, 5:29 am
UNITED STATES COURT OF APPEALS FOR THE SECOND CIRCUIT August Term 2011 Heard: June 26, 2012 Decided: May 14, 2013 Docket No. 11-5113-cv(L), 12-491-cv(XAP) - - - - - - - - - - - - - - - - - - - - - UNITED STATES OF AMERICA, Plaintiff-Appellee, THE VULCAN SOCIETY, INC., MARCUS HAYWOOD, CANDIDO NUNEZ, ROGER GREGG, Intervenors-Plaintiffs-Appellees-Cross-Appellants v. [read post]
3 Dec 2020, 4:29 am by Jon L. Gelman
 Federal preemption of state medical fee schedules and regulations are a prevailing challenge to the patchwork of non-uniform state benefit programs.QUESTIONS PRESENTEDThe Airline Deregulation Act of 1978 (“ADA”) broadly preempts any state law or regulation “related to a price, route, or service of an air carrier. [read post]