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29 Jul 2024, 6:29 am
That subcontractor, however, currently holds a contract to support the operation of the Federally Facilitated Exchange (FFE)—a health insurance exchange, the public-facing component of which is known as “Healthcare.gov. [read post]
29 Jul 2024, 6:06 am
” That is because the president is the ultimate decider regarding choices within the executive branch and the executive is an independent, coequal branch of the federal government. [read post]
29 Jul 2024, 4:52 am
The federal FCA was enacted in 1863 during the Civil War. [read post]
29 Jul 2024, 3:57 am
That means that the defendant ordinarily need not present any evidence and, if the evidence is equivocal between both sides, the defendant should prevail. [read post]
29 Jul 2024, 3:11 am
I am a registered Democrat who has defended reporters, activists and academics on the left for years in both courts and columns. [read post]
29 Jul 2024, 2:16 am
On Wednesday 24 July 2024, there was an application by the Defendant in Sully & others v Mazur KB-2024-001330. [read post]
28 Jul 2024, 9:05 pm
The federal courts have thus long tried to efficiently screen out FOTM claims that do not sufficiently implicate the benefits at issue, even if judges do not always consider or describe their work in this area in these terms. [read post]
28 Jul 2024, 9:01 pm
The court rejected the defendants’ arguments that the Security Statement should not be the foundation for a claim because it was directed to customers, not investors. [read post]
28 Jul 2024, 9:16 am
We conclude that when the federal PREP Act immunizes a defendant, the PREP Act bars all state-law claims against that defendant as a matter of law. [read post]
28 Jul 2024, 7:36 am
Rather, there must be contacts by the defendant with or directed toward the forum state itself. [read post]
27 Jul 2024, 1:17 pm
Nova University, Inc., 512 So.2d 1051 (Fla. 4th DCA 1987), explained in pertinent part that: “For a plaintiff to establish a cause of action for abuse of process, it must be proved that the defendant made illegal, improper, or perverted use of process; that the defendant had ulterior motives or purposes in exercising such illegal, improper, or perverted use of process; and that as a result of such action on the part of the defendant, the plaintiff suffered… [read post]
27 Jul 2024, 10:50 am
You can view at this link a redacted copy of the brief that the federal government filed yesterday in the U.S. [read post]
27 Jul 2024, 6:15 am
His pioneering contrarianism made it acceptable to believe that the Court should side with liberty against encroachments by both state and federal government. [read post]
27 Jul 2024, 6:00 am
Federal Election Commission (2010) and its progeny, mocking all previous understanding of the first amendment; Shelby County v. [read post]
26 Jul 2024, 8:38 pm
Accordingly, King Sykes’ complaint was dismissed for lack of subject matter jurisdiction to the extent that its federal claims were not ripe, for failure to state a claim under federal law to the extent that its federal claims were ripe, and as matter of discretion to the extent its claims invoked state law. [read post]
26 Jul 2024, 4:54 pm
But once the justices granted review, and with the federal government declining to defend the 5th Circuit’s decisions, the court appointed McGinley to do so. [read post]
26 Jul 2024, 1:09 pm
Seventh Circuit: Seller wins, but, uh, this is federal law. [read post]
26 Jul 2024, 12:31 pm
In one prior case, the defendant burglarized a church and stole funds meant for the Dave Thomas Foundation for Adoption. [read post]
26 Jul 2024, 11:48 am
Wullschleger (Oct. 7) – Whether a plaintiff (here, a dog owner alleging that the designation of specialized dog food as “prescription” dog food is misleading) whose state-court lawsuit has been transferred by the defendants to federal court can seek to have the case sent back to state court by removing all references to federal law. [read post]
26 Jul 2024, 10:08 am
” But in any event, the federal court didn’t hold that tacos aren’t sandwiches. [read post]
