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25 Jan 2015, 9:31 pm
If successfully obtaining review seems unlikely, consider that years ago John Cervase, provoking the judicial distaste for secret law, persuaded two judges of the United States Court of Appeals for the Third Circuit that the OFR must create an actual index for the CFR – which then was a print-only document. [read post]
2 Jun 2023, 2:50 am
Best Price Stacking We previously blogged about the 4th Circuit Court of Appeals decision in United States Ex Rel. [read post]
22 Jan 2024, 1:10 am
On 16 January 2024, the appeal of the third circuit decision that the claimant-appellant in Elansari v. [read post]
2 Dec 2019, 9:01 pm
As a unanimous Supreme Court determined in United States v. [read post]
15 Mar 2010, 10:14 am
In that spirit, Roberts last week denounced President Obama’s criticism of the Court in his State of the Union address, saying that the occasion had “degenerated to a political pep rally. [read post]
15 Jun 2012, 11:30 am
However, in a May 25, 2012 filing discussed here, the Government stated that "[a]fter consideration of this matter within the United States Attorney’s Office, the Criminal Division of the Department of Justice, and the Office of the Solicitor General," it was moving to dismiss the appeal, thereby bringing the case to a close. [read post]
27 Oct 2023, 4:00 am
A panel of the District of Columbia Circuit Court of Appeals ruled there are numerous ways for the government to prove January 6 defendants acted “corruptly” when seeking to obstruct Congress’ proceedings. [read post]
17 Apr 2020, 7:13 pm
In United States Trust Company of New York v. [read post]
23 Aug 2018, 9:30 pm
Court of Appeals for the D.C. [read post]
9 Jun 2016, 9:30 pm
Circuit Court of Appeals rejected a challenge by four states to a Nuclear Regulatory Commission (NRC) rule permitting spent fuel rods to be stored indefinitely at nuclear power plants—New York, Vermont, Connecticut, and Massachusetts argued that the NRC had violated its obligations under the National Environmental Policy Act (NEPA) by failing to consider alternatives and making unreasonable assumptions regarding environmental impact, but the court… [read post]
24 Mar 2019, 9:46 am
Jewell fared no better, and was excluded for other methodological shenanigans.12 Ultimately, a unanimous panel of the United States Court of Appeals, for the Third Circuit, upheld the expert witness exclusions.13 1 See “FDA Advising of Risk of Birth Defects with Paxil; Agency Requiring Updated Product Labeling,” P05-97 (Dec. 8, 2005) (emphasis added). 2 Bérard Report in Hayes v. [read post]
2 Apr 2008, 8:14 pm
MailCoups, Inc., the Ninth Circuit Court of Appeals refused to enforce a mandatory arbitration clause in a franchise agreement on the grounds that it was unconscionable. [16] Congressional action is seen in the federal Automobile Dealers' Day in Court Act, enacted in 2002. [read post]
8 Jan 2015, 10:00 pm
Unit School Dist. [read post]
6 Oct 2022, 12:51 am
There are three paragraphs that stress the "central objective of CADE's efforts" ("o objetivo central da atuação do Cade"), which is that of every competition authority in the civilized world: to protect, in the interest of consumer welfare, the competitive process ("concorrência") (as the United States Court of Appeals for the Ninth Circuit also emphasized in its FTC v. [read post]
27 Jun 2022, 5:36 am
Feb. 28, 2022), appeal filed, Dkt. [read post]
10 Apr 2007, 8:27 am
In fact, in his motion, Padilla relies heavily on United States v. [read post]
9 Mar 2007, 3:10 pm
Supreme Court unanimously affirmed the Eighth Circuit's decision limiting a state Medicaid agency to reimbursement from only that portion of a judgment or settlement that represents payment for medical expenses. [read post]
21 Jun 2013, 6:43 pm
Slip at 4, citing United States v. [read post]
1 Jun 2021, 6:28 am
Over the past decade, lawmakers have progressively curtailed commanding officers’ traditionally broad discretion over court-martial prosecutions. [read post]
29 Mar 2021, 8:24 am
Court of Appeals for the Tenth Circuit. [read post]