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Briefs, oral arguments, agency decisions and the Federal Register.

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  • Oral argument — United States v. Anthony Moore

    Oral argument · Oral argument · Jun 3, 2014

    I think my best argument is that there's no support in the record as to how you pull this number 12 out of the air. Okay. The other factors that we are appealing is the no alcohol factor, condition. … Presumably he's gotten through the period of the need for 12 times a month of testing. I don't know, Your Honor. I don't know what his history has been under supervision.

    23 min of audio
  • Oral argument — Camelot, Inc v. Burke Burns & Pinelli

    Oral argument · Oral argument · Apr 15, 2021

    We did not become aware of that the property was even being listed during that time period. … Yeah, I noted that in your brief, but counsel, you argued that the defendant pulled this settlement amount out of the air.

    52 min of audio
  • Oral argument — Maxmed Healthcare, Inc. v. Thomas Price

    Oral argument · Oral argument · Mar 9, 2017

    So they then selected a time period, about a year and a half, and in that time period, it was a universe of 130 claims. … And after the 39 claims were found to be paid in air, and the air rate of almost 98%, it then did go to the ALJ, who individually did go through each of the 40 claims again and found a different outcome

    44 min of audio
  • Oral argument — Robert Namer v. Broadcasting Board of Gov

    Oral argument · Oral argument · Oct 6, 2015

    The Smith-Munn Act addressed both concerns. … I think they said they'd be fine with changing the website to namersvoiceofamerica.com and he can engage in all the speech he wants, asking his commenters. What's the problem with that?

    37 min of audio
  • Oral argument — Trinity Industries Inc v. Greenlease Holding Company

    Oral argument · Oral argument · Sep 6, 2017

    It is true that at that time dividends were declared and $250,000 or thereabouts was reserved, which incidentally survived through a period of 18 years later when this claim first arose. … The presumption is that they were acting in their appropriate role, wearing the hat of Greenlease when operating as their directors.

    56 min of audio
  • Oral argument — Portland Pipe Line Corp. v. City of So. Portland

    Oral argument · Oral argument · Jul 23, 2019

    It similarly isn't an air regulation. And conversely, there can be new uses which emit more air particulates and which are more unsightly. This isn't a height standard. This isn't an air regulation. … And the judge found that the public comments in official legislative history demonstrate that air quality, aesthetics, and waterfront redevelopment goals pervaded the public and official considerations

    34 min of audio
  • Oral argument — Space Exploration v. The Boeing Company

    Oral argument · Oral argument · Feb 4, 2008

    And here, what we're talking about is a threatened boycott of the government acting as a customer. … Collins' clients acted badly.

    42 min of audio
  • Oral argument — SCHECHNER v. DHS

    Oral argument · Oral argument · Feb 9, 2011

    Schechner says that his work performance was good, but then she found that he committed three acts of negligence during this period of time. … He does dispute the adequacy of his work performance during this period.

    25 min of audio
  • Oral argument — United States v. Vickie Dykman

    Oral argument · Oral argument · Feb 4, 2009

    And conversion, there's got to be some sort of transitory act proved by either circumstantial or direct evidence that you took it. … Dyckman, during cross-examination, there was a clean slate when she started at the Harrison Post Office in 1991. My question is, did somebody sit down and count the stamps?

    26 min of audio
  • Oral argument — Ysaul Flores Peralta v. Merrick Garland

    Oral argument · Oral argument · Apr 16, 2021

    The IJ then never commented further. … The BIA can review factual findings, but it has to do so under clear air.

    31 min of audio
  • Oral argument — Anderson v. Chicago Transit Authority

    Oral argument · Oral argument · Jun 18, 2019

    For example, there's an employee that does come into the video, who is someone who is a cleaner cleaning, I believe, the CTA. … act of alighting from the bus or train?

    42 min of audio
  • Oral argument — Vanoosting v. Sellars

    Oral argument · Oral argument · Apr 10, 2012

    The doctor who initially treated her gave her medications, sent her for physical therapy, and she did that for a period of weeks until she asked that doctor for a release because just prior to this wreck … She cleans their house. She prepares their meals. But they buy the food. So it was part of an offer of proof. She couldn't even explain any of that.

    35 min of audio
  • Oral argument — United States v. Martin Sigillito

    Oral argument · Oral argument · Jan 13, 2014

    Also should get a jury trial for these horrendous money judgments that are just pulled out of thin air, as this one was. Well, Your Honor, I differ whether it was pulled out of thin air. … You've argued well on a lot of issues in a short period of time, and we appreciate the assistance. It's a complex case, and we will take it under advisement.

    39 min of audio
  • Oral argument — Cosmetic Gallery Inc v. Schoenemann Corp

    Oral argument · Oral argument · Jun 10, 2009

    I'm going to clean up my act. I'm going to open a new store, and what I'm going to do is put a salon in there. Well, as Mr. DeFeo said, that didn't happen until July of 2001. … Shainman as a reference as to his purported cleaning up his act. And Mr. Shainman responds, No, it's not true. I'm not doing business with him and I'm not going to meet with him in Las Vegas.

    39 min of audio
  • Oral argument — Montelongo v. OPM

    Oral argument · Oral argument · Sep 3, 2019

    It's not on the record, but this act specifically makes it clearer that . . . … It does include under subsea military service and the time periods, but our position...

    24 min of audio
  • Oral argument — United States v. Isidro Hernandez

    Oral argument · Oral argument · Nov 6, 2013

    So we're on a plain air review. We are on plain air review, Your Honor. What difference did it make? Well, of course, it made a difference in terms of the sentence he received. … And in this case, there was an objection to what the government's comments.

    52 min of audio
  • Oral argument — VILLAREAL v. ALAMEIDA

    Oral argument · Oral argument · Oct 21, 2005

    that point We think that's about the strongest statement that can be made as to the importance of his testimony And the weakness of their case outside of his testimony Within that six and a half year period … help In locating the person Rather than making a formal criminal accusation At that point And it's our position that Particularly under the cases that we have cited That the husband's statement And his act

    21 min of audio
  • Oral argument — David Igasaki v. IDFPR

    Oral argument · Oral argument · Nov 6, 2020

    And that's why I made the comment that I did, because I don't believe it's appropriate to... But you didn't raise it with the district court. So we do consider things de novo. … Igasaki admitted that he was told repeatedly to clean and organize his office. And Mr.

    24 min of audio
  • Oral argument — United States v. Byron Moore

    Oral argument · Oral argument · Sep 1, 2015

    Someone goes in, they have to clean it out. It takes several weeks to clean it out. There's no witnesses, no identifiers, no CIs, no one, other than the conclusory statement. It's these guys. … The facts are so bare that it would be unreasonable for an officer to act in good faith in this matter. If there's no further questions from the court, I'll yield the balance.

    32 min of audio
  • Oral argument — Darvin Perez-Sanchez v. U.S. Attorney General

    Oral argument · Oral argument · Jul 25, 2019

    I just want to kind of be clear here that the reason I think you have a lot of merit in the way the statute reads clean, so why have you been losing in all of the other circuits, that, as I understand … And I think it defies the idea that 1229 is unambiguous under Pereira, period.

    35 min of audio

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