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14 Jan 2021, 8:47 am
First, the Court explained that “Lusardi frustrates, rather than facilitates, the notice process. [read post]
14 Jan 2021, 6:05 am
On July 21, 2020, FOIA Advisor lawyers Allan Blutstein (AB) and Ryan Mulvey (RM) discussed six FOIA decisions that stood out to them as the most significant of the first half of the year. [read post]
14 Jan 2021, 4:00 am
Many of these complaints have merit. [read post]
13 Jan 2021, 9:00 pm
As Washington Post columnist Jennifer Rubin (who first pointed out the absurdity of Toomey’s “let the voters decide” dodge) put it: “Inaction is complicity. [read post]
13 Jan 2021, 11:03 am
After all, I recognize that there was no causal effect of my first post on the adoption of mask mandates, and I assess the plausibility of shield-plus-mask mandates at close to zero. [read post]
13 Jan 2021, 3:00 am
Fish & Game Commission (1997) 16 Cal.4th 105; Health First v. [read post]
13 Jan 2021, 3:00 am
Fish & Game Commission (1997) 16 Cal.4th 105; Health First v. [read post]
12 Jan 2021, 5:04 pm
First, we will chart a new course forward for determining the standard of review that applies when a court reviews the merits of an administrative decision. [read post]
12 Jan 2021, 4:51 pm
The court’s ruling allows the FDA to enforce the in-person rule while it continues its appeal of Chuang’s order on the merits. [read post]
12 Jan 2021, 4:46 pm
” Justice Brett Kavanaugh (as well as Justice Sonia Sotomayor) focused on the federal government’s suggestion that, when a plaintiff is only seeking nominal damages for conduct that occurred in the past, the defendant can end the litigation by accepting the entry of an award of nominal damages, without a ruling on the merits of the claims against it. [read post]
12 Jan 2021, 4:22 pm
An assessment can then be carried out of the legal merits of the processing and any objection that should be raised. [read post]
Guest Post: Halliburton II Price Impact Defenses Can Limit Severity on Deficient Exchange Act Claims
12 Jan 2021, 2:19 pm
Increased judicial scrutiny is not surprising given the fact that ~10% of $712.7 billion in aggregate market capitalization losses from alleged violations of the Exchange Act and Rule 10(b)-5 during 2019 through 2020, do not have judicial merit according to recent guidance on Halliburton II price impact defenses.[12] To put this figure into perspective, according to Bloomberg CityLab data, “Americans may collectively owe $70 billion by January, when the… [read post]
12 Jan 2021, 11:43 am
The post How Section 230 might not help Amazon in the Parler lawsuit appeared first on Evan Brown. [read post]
12 Jan 2021, 10:19 am
First, does 28 U.S.C. [read post]
12 Jan 2021, 10:19 am
The FSIA only concerns the immunity of foreign sovereigns, Hungary argued, and does not abrogate generally applicable federal common law doctrines—like comity—which courts can use to abstain from ruling on the merits of a case, even when the court has jurisdiction. [read post]
12 Jan 2021, 7:20 am
It wouldn’t have entailed relitigating the merits of the high-profile takedown of Mahathir’s post. [read post]
12 Jan 2021, 6:45 am
He was accused of high crimes and misdemeanors, rather than acts of insurrection or rebellion, which might merit more immediate removal. [read post]
12 Jan 2021, 5:29 am
“The party, by resignation or the commission of some offense which merited and occasioned his expulsion, might secure his impunity. [read post]
12 Jan 2021, 5:01 am
” In his first week on the job, Pack fired multiple members of the USAGM’s bipartisan board to replace the officials with his own political appointees. [read post]
11 Jan 2021, 2:29 pm
It is first and foremost and educational experience, giving you a one-of-its-kind education into how Congress and the government works. [read post]