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13 May 2024, 6:07 am by Dennis Crouch
SEC, 568 U.S. 442 (2013) (holding that the discovery rule does not apply to the statute of limitations for civil penalty actions brought by the Securities and Exchange Commission under the Investment Advisers Act of 1940); Rotkiske v. [read post]
13 May 2024, 4:50 am by Franklin C. McRoberts
” In the case law, there is something of a presumption in favor of intervention: “Whether intervention is sought as a matter of right under CPLR 1012 (a), or as a matter of discretion under CPLR 1013, is of little practical significance since a timely motion for leave to intervene should be granted, in either event, where the intervenor has a real and substantial interest in the outcome of the proceedings” (Maggi v U.S. [read post]
12 May 2024, 9:01 pm by renholding
., “state-authorized or state-chartered financial institutions”[3]—which, based on a plain reading of the Financial Institutions Codes, include Florida state-chartered banks, trust companies and credit unions, as well as Florida state-licensed branches, agencies, administrative offices, and representative offices of non-U.S. banks;[4] consumer finance lenders licensed under Chapter 516 of the Florida Statutes; and money services businesses licensed under Chapter… [read post]
10 May 2024, 5:10 am by Andrew Lavoott Bluestone
In Pliva, Inc. v Mensing (564 U.S. 604 [2011]), the Supreme Court found that these plaintiffs’ state-law claims against generic manufacturers were preempted by federal law under the Supremacy Clause to the extent that state-law failure-to-warn statutes required generic drugs to provide more stringent, safer warning labels. [read post]
9 May 2024, 7:00 am by Public Employment Law Press
 “Obscenity” is one of a few categories of speech that may be regulated by states consistent with the First Amendment (see Penal Law § 235.00).[4]  The U.S. [read post]
9 May 2024, 7:00 am by Public Employment Law Press
 “Obscenity” is one of a few categories of speech that may be regulated by states consistent with the First Amendment (see Penal Law § 235.00).[4]  The U.S. [read post]
8 May 2024, 9:01 pm by renholding
Secondary sanctions target transactions conducted by non-U.S. persons outside U.S. jurisdiction (and therefore not in violation of U.S. direct sanctions) by threatening that persons engaging in such transactions may themselves be placed on U.S. sanctions lists. [read post]