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15 Jul 2015, 4:39 pm by Anthony B. Cavender
On the merits, and based on Chevron deference (Chevron, U.S.A., Inc. v. [read post]
27 Jun 2015, 2:50 pm by MOTP
This would not merely be an affirmative defense against the breach-of-contract claim as to the lawyer's or lawfirm's fees, but a counter-claim for damages, i.e. a claim by the client against the lawyer that is subject to arbitration. [read post]
26 May 2015, 7:42 am
  The ideal defendant’s case might occur in several ways:  similar biomarker evidence would point a finger at a purely genetic cause or at some other (perhaps voluntary or non-anthropogenic) exposure; or, a person exposed to a toxin known to cause the person's disease in susceptible people might have a gene that completely neutralized the toxic effect and also might lack a biomarker that is uniformly found in people whose disease was caused by exposure.Steve… [read post]
10 Mar 2015, 9:01 pm by Michael C. Dorf
Finding that the statutory language was “subject to at least two different interpretations,” that court went on to apply the familiar rule of administrative law from the case of Chevron U.S.A., Inc. v. [read post]
22 Jul 2014, 7:30 am
 Furthermore, the court held that even if the ACA were ambiguous, the IRS’s regulation would represent a permissible construction entitled to deference under Chevron U.S.A., Inc. v. [read post]
24 Feb 2014, 11:29 am by Dennis Crouch
Home Depot U.S.A., Inc., 412 F.3d 1291, 1302 (Fed. [read post]