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13 Jan 2021, 4:15 am by Judge Susan Braden (Ret.)
Judge Kimberly Moore, in a comprehensive and insightful opinion dissenting from the denial of the petition for rehearing en banc in Athena Diagnostics, Inc. v. [read post]
(2) Does the Federal Power Act preempt state court challenges to an environmental impact report prepared under the California Environmental Quality Act in order to comply with the federal water quality certification under the federal Clean Water Act? [read post]
(2) Does the Federal Power Act preempt state court challenges to an environmental impact report prepared under the California Environmental Quality Act in order to comply with the federal water quality certification under the federal Clean Water Act? [read post]
12 Jan 2021, 2:19 pm by Kevin LaCroix
”[10]   The combination of an empowered trial bar and an ever-expanding scope of securities class action litigation has prompted scrutiny by the Federal Judiciary. [read post]
12 Jan 2021, 1:26 pm by Steve Lash
Equal Employment Opportunity Commission alleged that an MVM Inc. manager ... [read post]
12 Jan 2021, 9:17 am by Eugene Volokh
Courier-Journal, Inc., decided yesterday by the Sixth Circuit (opinion by Judge Eugene Siler joined by Judges Eric Clay and Richard Griffin), the Louisville Courier-Journal published these articles: This led to a trademark lawsuit by Alan Rupp, who "owns DERBY-PIE®, a federal trademark for a 'well-known chocolate nut pie'"; but the Sixth Circuit rejected the claim: "The touchstone of [trademark infringement] liability … is whether the… [read post]
”    The General Counsel cites to the Fourth Amendment to the Secretary of HHS’s PREP Declaration: There are substantial federal legal and policy issues, and substantial federal legal and policy interests within the meaning of Grable & Sons Metal Products, Inc. v. [read post]