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” The Memo further stresses that agency adjudicators should act independently from and not engage in ex parte communications with investigators and enforcement staff. [read post]
22 Sep 2020, 4:45 pm by Eugene Volokh
The order is properly seen as a preliminary injunction because it was not granted ex parte, cf. [read post]
16 Sep 2020, 3:06 am by Keith Mallinson
” She also encouraged SSOs to overcome any concerns they might have about antitrust actions against their revised patent policies by “seek[ing] ex ante review through [the Department’s] business review procedures. [read post]
15 Sep 2020, 9:01 pm by Michael C. Dorf
Even many of those who have the financial means to pay cannot, as a practical matter, have their voting rights restored, because the state and local records rarely make clear exactly how much an ex-felon owes in LFOs and to whom. [read post]
1 Sep 2020, 9:33 am by Lawrence B. Ebert
The CAFC finds no judicial estoppel: Prior to claim construction, and alongside an ongoing inter partes review (“IPR”) proceeding, Egenera separately petitioned the United States Patent and Trademark Office (“PTO”) to remove one of the eleven listed inventors from the ’430 patent. [read post]
31 Aug 2020, 3:00 pm by Kevin LaCroix
For example, class action funding arrangements are required to be disclosed by Standing Order of all judges in the United States District Court for the Northern District of California. [read post]
29 Aug 2020, 5:17 am by Eugene Volokh
The Ex Parte TRO seeks to temporarily restrain Defendants from: "1. [read post]
27 Aug 2020, 11:01 am by Aviezer Tucker
Nor are the other usual suspects on Applebaum’s list, from the United States to Poland, either. [read post]
25 Aug 2020, 6:17 pm by Robert Chesney
What matters for TikTok’s situation in that May 2019 order is the national emergency proclamation in the opening paragraph of the order, and it includes this language: “…use in the United States of information and communications technology or services designed, developed, manufactured, or supplied by persons owned by, controlled by, or subject to the jurisdiction or direction of foreign adversaries augments the ability of foreign adversaries to create… [read post]
19 Aug 2020, 10:58 am by Lisa Larrimore Ouellette
” Nonetheless, mRNA-1273 was ready for testing on February 7—weeks before the first reported COVID-19 death in the United States. [read post]
19 Aug 2020, 10:08 am by Law Lady
Receiverships -- Ex parte -- Mortgage foreclosure -- Error to appoint receiver for property involved in mortgage foreclosure action without providing notice and opportunity to be heard where mortgagee failed to establish that ex parte receivership was necessary to avoid immediate irreparable harm to mortgaged property or that giving notice and holding a hearing would accelerate or precipitate any injury -- Although loan documents contained provision for… [read post]
17 Aug 2020, 5:39 am by Marcia Coyle
” Congress's broad power over the nation's mail system was recognized in the 1878 Supreme Court decision Ex parte Jackson, according to Rehnquist. [read post]
14 Aug 2020, 3:00 am by Jim Sedor
If Harris does not put any particular new state into play, strategists and Biden allies were hoping her spot on the ticket could increase turnout and Biden’s margins across the map and strengthen his position in states Hillary Clinton lost, in no small part because of a drop in votes in African-American communities. [read post]
13 Aug 2020, 8:09 am by Lisa Larrimore Ouellette
Many months after COVID-19 began spreading in the United States, there is still great concern that we lack sufficient testing to ensure that we can detect and respond to the virus quickly. [read post]