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

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  • Oral argument — Jeffrey Swaters v. DOT

    Oral argument · Oral argument · Jan 22, 2016

    Well, the DOT engaged in its own NPRM process and asked the stakeholders in the industry to comment, and they all commented. … Because the presumption is the agency acts properly. Its regulations say it can't release this. It's just totally discretionary. You can't test for DNA.

    37 min of audio
  • Oral argument — InRe JevicHoldingCorpPt.4

    Oral argument · Oral argument · Jan 14, 2015

    We submit that the answer to that clean legal question is no. Going back to Martin and the... Wait, wait, they apply. They're just not mandated. Fair enough, your honor. … You're going full bore with your Warren Act claims and maybe you'll get a big recovery.

    43 min of audio
  • Oral argument — 12-3996, 13-1455 In Re Pendleton

    Oral argument · Oral argument · Sep 12, 2013

    Doesn't that put us in a little bit of an awkward spot, speaking into the air, when what really is going to count is what the Pennsylvania Supreme Court says about the retroactivity of Miller? … They said you can't do this, period. As a matter of the Eighth Amendment of the United States Constitution, you cannot mandatorily send a juvenile to prison.

    85 min of audio
  • Oral argument — Wells Fargo Bank N.A. v. Zapalik

    Oral argument · Oral argument · Aug 29, 2018

    The court then made comment, maybe it was rescinded. … Was there any comments from the trial judge on that issue? I don't believe they went into detail on how the calculations were made.

    56 min of audio
  • Oral argument — Dora Maldonado v. Ricardo Rodriguez, Jr.

    Oral argument · Oral argument · Feb 5, 2019

    He did not testify that there were problems with any employees or any criminal misconduct that he had to clean house. Dora Munoz, he gave no explanation. … He just said he wanted his own person in it, period, and it was his right, just like when he'd been elected judge, he could pick his own coordinator, or he could pick his own employees.

    45 min of audio
  • Oral argument — Donald Koch v. SEC

    Oral argument · Oral argument · Apr 20, 2015

    It's Section 10B, it's Section 206 of the Advisors Act. The language of the statutes is perfectly clear. … He rarely traded at the end of the day before this period of time.

    37 min of audio
  • Oral argument — United States v. Miller

    Oral argument · Oral argument · Jun 26, 2014

    It's not a regulation of cars, or of scissors, or of battery-operated air clippers. This statute is also not a regulation of commerce itself, or of economic activity. … I have a comment to make here. Something about the nature of these comments is that the court, on the other side, there's no way to look at what they did and not say that was not the case. Right.

    76 min of audio
  • Oral argument — Goe v. Zucker

    Oral argument · Oral argument · Nov 9, 2021

    Well in this remand this period of remand that you were asking of us. Presumably you would wish to have discovery you've had you have not had any discovery yet is that right. Correct. … This seems to state a Rehabilitation Act claim that seem reasonable to you as a general proposition. Yes.

    37 min of audio
  • Oral argument — Loucks v. Red Dot Construction

    Oral argument · Oral argument · May 6, 2015

    Clair County he said I remember back in the 90s my dad did some crane work back when my dad was alive we did some crane work out in Scott Air Force Base I know that I buy a part for my back home from a … where are you coming up with that and every time we try to ask you where you're coming up with it it gets more and more confusing because either you're the the president is reckless in the way that he's acting

    29 min of audio
  • Oral argument — United States v. Nestor Vasquez

    Oral argument · Oral argument · Nov 16, 2018

    There's essentially three time periods that are at issue in this case. There's the time period before the defendant was arrested when he first encountered Agent Fudge and Field. … The prosecutor said he never, right, never covers the entire period.

    24 min of audio
  • Oral argument — Eaglebank v. Virginia Investment

    Oral argument · Oral argument · Apr 6, 2016

    Why don't you comment on that last point, Mr. Ciardi? Your Honor, the Fox Hill case, and I refer back to that again, even though it is not controlling. I understand. … Your Honor, this is a completely ultra-virous act. If you look at Section 6.5... What's ultra-virus? It means it's completely outside of the authority of this entity.

    36 min of audio
  • Oral argument — People v. Pinkett

    Oral argument · Oral argument · Mar 15, 2023

    So his argument is that because he has a helmet on and because the air was whooshing and speculation that perhaps he had earplugs or earphones on of some kind, that he therefore could not hear the siren … He didn't act like I was doing anything out of line whatsoever, which to me is odd. Was he under arrest? Yes. At that point, he was under arrest.

    41 min of audio
  • Oral argument — Eli Borochov v. Islamic Republic of Iran

    Oral argument · Oral argument · May 3, 2023

    The word act includes attempt. What's your authority for that? The the the such an act is referring back to the prior the list that they just gave. … That was an act of attempted murder. And it's an act of killing, even though it was not successful. Well, that's what the courts. That's what Judge Moss said originally.

    56 min of audio
  • Oral argument — Since Hardware (Guangzhou) Co. v. United States

    Oral argument · Oral argument · Feb 5, 2016

    Under the Indian Companies Act of 1956, they don't have to publicly disclose their income statement in the Ministry of Corporate Affairs public records. … The trial court did comment that even if it wasn't publicly available in an objective standard, the court found that the purpose of the regulation to give parties the opportunity to comment and analyze

    39 min of audio
  • Oral argument — Najas Realty, LLC v. Seekonk water District

    Oral argument · Oral argument · Dec 7, 2015

    Pro and con air their differences. They try to convince the body that their point of view is the correct point of view. And that's exactly what Mr. Bernardo was trying to do here. … You don't have the disparaging comments. You don't have a lot of attack, visceral attack against the plaintiffs.

    27 min of audio
  • Oral argument — National Maintenance and Repair v. The Workers' Compensation Commission

    Oral argument · Oral argument · Nov 3, 2009

    It could be a ship, like a towboat or a tugboat, or a barge that goes into the dry dock, is lifted in the air, and then they would operate on it. … Cables can be removed in a very short period of time. I am going to say an hour. And it floats under its own power? Yes, they all float by themselves very well.

    33 min of audio
  • Oral argument — Alex LeFever v. James Ferguson

    Oral argument · Oral argument · Dec 3, 2015

    Ferguson obviously had this theory that it was injected and it leaked out over a period of time. That's not the issue that we have here. Mr. … But I want the court to understand where he didn't make up, well, it must have been administered rectally out of thin air. He found it there. There's much more substance to that testimony.

    35 min of audio
  • Oral argument — Earth Island Institute v. USFS

    Oral argument · Oral argument · Oct 17, 2023

    And it was not until the later objection period, or the 2017 EA, was published that the Forest Service made clear it was not going to change this single preferred alternative, which then appellants acting … Help me understand why those are minor and not material changes that would require a new comment period. Of course, Your Honor.

    38 min of audio
  • Oral argument — Joanne Ogden v. Public Utility Dist. No. 2

    Oral argument · Oral argument · Apr 11, 2018

    If you take the absences that constitute a reasonable accommodation or protected leave under the Family Medical Leave Act. … I didn't mean to, that came off a bit flip, my comment there.

    32 min of audio
  • Oral argument — Adventist Health System v. U.S. Dept. of HHS

    Oral argument · Oral argument · Jun 17, 2021

    So any person can submit comments in that process, and there were two 60-day periods of public comment in the course of developing the fixed-circle policy, and the plaintiff hospitals here submitted comments … The OPTN notice and comment process, they publish, you know, for example, a briefing paper or a concept paper where there's been a 60-day period of comment. Members of the public can submit comments.

    38 min of audio

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