Search for: "Matter of Novel"
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21 Dec 2021, 5:00 am
But that probably doesn’t matter. [read post]
19 Mar 2023, 9:01 pm
[6] The most recent case against the Shell Board takes place against the backdrop of a wider movement of shareholder activism on climate and environmental matters. [read post]
19 Oct 2020, 4:28 pm
This case concerns the collection of bulk communications data (BCD) from network operators by the security and intelligence agencies (SIAs). [read post]
6 Nov 2008, 8:45 pm
See Transcript at 15 ("we are not arguing. . .that tort remedies. . .are pre-empted as a general matter"), 16 "if the State standard was the same as the Federal standard, there wouldn't be any conflict"), 16 ("if you failed to provide it [new information to the FDA] altogether, there would not be. . .a pre-emption defense"), 18 ("we are not arguing that there is preemption in a situation where there is new information that is not brought to FDA's… [read post]
29 Apr 2020, 9:01 pm
While the holding is novel, the reasoning process is familiar.The court first canvassed precedent to determine the claim was not foreclosed. [read post]
15 Mar 2017, 12:22 pm
They might be tempted to bend existing laws, to reinterpret and apply them retroactively in novel ways and without advance notice. [read post]
20 Jan 2021, 9:00 am
These two elements, which refer to two different types of officers and offices, raise two difficult and novel legal issues. [read post]
18 Oct 2021, 1:37 am
The matter will proceed for a full judicial review. [read post]
5 Mar 2012, 2:05 pm
This is not a novel concept. [read post]
24 May 2024, 6:51 pm
[This piece is cross-posted and was originally published in the Yale J. on Reg.: Notice & Comment blog] Administrative law is almost certain to undergo monumental change during the Supreme Court’s current Term. [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]
7 Dec 2014, 2:21 pm
If they give awards for “Best White-Collar Article of The Year,” I wish to nominate one. [read post]
14 Jan 2021, 9:05 pm
” “In addition, outside of COVID-19, CDRH permitted marketing of more than 100 novel medical devices, such as the first cardiac ultrasound software that uses artificial intelligence to guide the user to capture quality diagnostic images. [read post]
17 Apr 2019, 6:09 am
Giant Eagle’s Argument The Eighth District incorrectly created entirely novel tort duties by requiring Giant Eagle to (1) warn Kurka about the dangers of operating the motorized cart, (2) train Kurka how to operate the motorized cart, and (3) interrogate Kurka about her competency to operate the motorized cart. [read post]
18 Aug 2022, 12:26 pm
But for one point, we will not address the dissents' wholly novel arguments, which pointedly divorce themselves from the parties' theory of the case. [read post]
17 Dec 2013, 5:11 am
” Ultimately, however, the court did not see enough evidence from either side to make a ruling as a matter of law at this stage in the proceedings. [read post]
30 Jun 2024, 10:30 pm
In assessing the novel EU legal mechanisms for media pluralism, one does not see possible redress from the European supranational level. [read post]
23 Jun 2020, 3:00 am
CALIFORNIA WATER RIGHTS AND SUPPLY Under SGMA, Budget Cuts In The Wake Of The Novel Coronavirus Could Hurt Farmers Later In May, Governor Newsom announced a revised budget in the wake of the response to the novel coronavirus. [read post]
20 May 2024, 8:06 am
Administrative law is almost certain to undergo monumental change during the Supreme Court’s current Term. [read post]
31 Jul 2024, 9:01 pm
The Agencies have also updated their guidance on bank risk management of third-party relationships, emphasizing that the guidance applies to bank-fintech arrangements, including those that involve “new or novel structures or arrangements,”[7] and have established supervisory programs that are intended to address, among other things, bank-fintech relationships.[8] Additionally, the FDIC has identified cases where fintechs have suggested that FDIC deposit insurance was available… [read post]
