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24 Apr 2020, 6:58 am by Lisa Larrimore Ouellette
(The federal government did not do so.)Irrespective of the merits of 1498 as a general matter, in the context of a crisis such as the COVID-19 pandemic we see real value in bold, “nuclear option” use of section 1498 to save billions on high-priced prescription drugs and maximize their availability. [read post]
24 Apr 2020, 6:00 am by Andrew Hamm
” The post Petitions of the week appeared first on SCOTUSblog. [read post]
GDP.[5]  Opponents of the PJM MOPR argue that there are a number of federal benefits for oil and gas producers, including, but not limited to (i) the intangible drilling costs deduction, which allows companies to deduct from taxable income costs incurred from domestic drilling of wells,[6] and (ii) last-in, first-out accounting, which allows fossil fuel companies to reflect lower inventory for purposes of calculating taxable income.[7]  Some coal-fired resources also enjoy federal… [read post]
23 Apr 2020, 2:12 pm by Mark Weidemaier
There is no obligation to another state, so the first part of the question is non-sensical. [read post]
23 Apr 2020, 1:08 pm by Jamie Markham
On the merits, though, the court concluded that the defendant failed to meet his burden of showing that the results of the requested testing would be material to his defense. [read post]
23 Apr 2020, 11:49 am by Jonathan H. Adler
While the district court found that Defendants were in fact the proper parties to sue, it dismissed Plaintiffs' complaint on the merits. [read post]
23 Apr 2020, 10:24 am by Sandy Levinson
 But I see no particular value to such comments in this case unless posters first read the book (available from the Yale Press). [read post]
23 Apr 2020, 9:32 am by Eric Goldman
Because the plaintiff was able to plead around Section 230 on the motion to dismiss, the court then evaluates the merits of each state law claim individually. [read post]
23 Apr 2020, 8:59 am by John Lewis, Benjamin Seel, Nitin Shah
On the merits, the court held that Cuccinelli’s appointment as acting director of USCIS was unlawful but did not address whether, in general, a first assistant must be appointed before a vacancy to fill it on an acting basis. [read post]
23 Apr 2020, 7:18 am by Dennis Crouch
The Federal Circuit has recently concluded that the CFC does have jurisdiction to hear such claims, even if on the merits it must reject them. [read post]
22 Apr 2020, 2:23 pm by Stefanie Jackman
In its emergency motion, in addition to arguing that it is likely to succeed on the merits of its various claims regarding the regulation’s invalidity, ACA argues that its members will suffer irreparable harm absent injunctive relief because not only does the loss of First Amendment rights constitute irreparable harm, the regulation is inflicting permanent financial harm on ACA members through the loss of revenue and forced employee layoffs. [read post]
22 Apr 2020, 11:59 am by Scott R. Anderson, Pranay Vaddi
Bush, who first outlined the arrangement in remarks at Texas A&M University in 1989. [read post]
22 Apr 2020, 9:41 am by Matthew Vance
The court first analyzed whether the applicable statute of limitations warranted dismissal of the plaintiffs’ federal claims. [read post]
22 Apr 2020, 7:37 am by Venkat Balasubramani
Merits: Having found plaintiffs satisfied Article III standing, the court examines the merits and finds that plaintiffs have satisfied their pleading burden as to several of the claims. [read post]
22 Apr 2020, 2:00 am by HR Daily Advisor Editorial Staff
The post Don’t Let Short-Term Actions Hurt Long-Term Outcomes appeared first on HR Daily Advisor. [read post]
21 Apr 2020, 2:04 pm by Bona Law PC
First, is the employee a target of the investigation, or merely a witness? [read post]
21 Apr 2020, 3:59 am by Katherine A. Campbell
Ultimately, if a court is asked to decide whether a break clause was properly operated, the case will be judged on its own merits. [read post]