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19 Nov 2018, 10:53 am
Possible signals include the lawyer who authored the petition, amici curiae at the cert stage and the language of the petition. [read post]
15 Nov 2018, 10:30 pm
This Court invited the parties to file supplemental pleadings and briefs. [read post]
13 Nov 2018, 7:31 am
” “If I’ve told you once, I’ve told you a hundred times…” Can the state “borrow” or “combine” language from one count in the indictment to supplement the charging information in another count? [read post]
12 Nov 2018, 3:16 am
She also directed counsel to submit supplemental briefs addressing the interplay of Sections 3.1 (g) and 8.2 of the Operating Agreement as bearing upon the validity of the meeting notice and its proposed member vote to approve a bankruptcy filing, and on whether the LLC Law’s default rules supply an alternative remedy. [read post]
11 Nov 2018, 4:03 pm
Nor did or could the Court’s formula, being based on the repayment terms printed on the TIL Disclosure Statement, take account of any forbearances that might later be granted.In the Savoy case, opinion-author Harvey Brown simply ignored the evidence of forbearances on the loan history records from AES as much as he ignored several pages of loan history reflecting credits for monthly payments diligently made over several years. [read post]
5 Nov 2018, 9:05 pm
The document lists several examples of situations when the FDA would consider using its mandatory recall authority. [read post]
2 Nov 2018, 3:00 pm
Similarly, Rule 72(b)(3) requires de novo review of any recommendation that is dispositive of a claim or defense of a party.The Supreme Court has construed the statutory grant of authority conferred on magistrate judges under 28 U.S.C. [read post]
1 Nov 2018, 4:35 pm
If you are at all interested in understanding the breadth and reach of the many canons of statutory interpretation, I recommend a book authored by the late Justice S [read post]
1 Nov 2018, 1:12 pm
“Although the Terms and Conditions were disclosed on a hyperlinked page, it was unlikely that consumers would have noticed or clicked on the link. [read post]
30 Oct 2018, 1:00 am
This was an indication that the right of priority was not actually transferred with D19 or with the Supplemental Agreement mentioned therein.Given that the priority from D16 was not valid, document D14 became prior art under Article 54(3) EPC. [read post]
29 Oct 2018, 10:18 am
This post supplements their analysis by highlighting a specific ambiguity in how precisely the Trump administration intends to exit the INF Treaty. [read post]
28 Oct 2018, 9:45 pm
That research was supplemented by agency responses to detailed survey questions. [read post]
16 Oct 2018, 6:00 am
For too long, most lawyers haven’t really noticed. [read post]
16 Oct 2018, 4:41 am
An insurer or self-insured employer is required to provide the notice not more than 60 days after the supplement is awarded or voluntary payment is to begin. [read post]
Underlining the Obvious: Remarks by Vice President Pence on the Administration’s Policy Toward China
4 Oct 2018, 8:05 pm
On the morning of 4 October 2018, Vice President Pence traveled to the offices of the Hudson Institute, a public policy think tank with a reputation as a politically conservative organization, to deliver a carefully designed Remarks on the Administration’s Policy Toward China. [read post]
1 Oct 2018, 11:59 am
” The CSAL lists for FY 2017 and FY 2018, as well as the FY 2018 CSAL Supplement, can all be found in the OFCCP’s online FOIA library. [read post]
1 Oct 2018, 9:53 am
To “win the 5G war with China,” the FCC interpreted key provisions of the Communications Act to extend unprecedented federal authority for carrier deployment of small cell sites in the public rights-of-way (ROW), at the expense of state and local governments’ historic land-use authority to manage the ROW. [read post]
1 Oct 2018, 9:00 am
This means that, as much as FDA (and other regulatory authorities) police claims, in many ways it’s a Wild West out there. [read post]
26 Sep 2018, 9:02 pm
A total of 25 notices related to pathogenic microorganisms, 10 of which listed salmonellosis. [read post]
17 Sep 2018, 11:48 am
2018 was another interesting legislative year for those of us toiling away in the vineyards as trusts and estates lawyers. [read post]
