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

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  • Oral argument — People v. Evans

    Oral argument · Oral argument · Jun 5, 2025

    So, under Lemons, the Illinois Supreme Court has decided that for the purposes of determining this period of extended term eligibility, that 10-year period is set based on the defendant's final sentencing … I will say, I'll let you comment on this. You probably do agree that he did struggle during probation.

    29 min of audio
  • Oral argument — State of Vermont v. MPHJ Technology Investments

    Oral argument · Oral argument · Aug 4, 2015

    and the BCPA Act. … Well, the state has moved for reconsideration, and so that's up in the air, but he did keep it for now, subject to the motion for reconsideration. So what would happen were you to...

    32 min of audio
  • Oral argument — Chan v. EEOC

    Oral argument · Oral argument · Nov 6, 2020

    I meant that there was appraisal period to give persons additional opportunity to perform, not suggesting that there's a discretion to act in an arbitrary or capricious manner. … You want to have any comment on that? Yes, Your Honor.

    32 min of audio
  • Oral argument — In re The Commitment of Shanks

    Oral argument · Oral argument · Aug 10, 2016

    That would be our argument, Your Honor, because otherwise you are taking a situation where acts when someone's less than 16, that the criteria says, we don't know if this was an adult comment, these may … These were acts when he was a minor. He was under 16 years of age. They can't give you the six-month period. The 2004 conviction doesn't meet the criteria. But then consider the 2010 conviction.

    34 min of audio
  • Oral argument — NuStar Energy Services, Inc. v. M/V COSCO AUCKLAND

    Oral argument · Oral argument · Dec 5, 2018

    test, where to have standing they have to show injury in fact, a causal connection between the behavior component of the injury, and New Star has no injury here, with respect to the assignment in the air … Or you have to show that the shipowner controlled the selection or directed the selection of the subcontractor, pretty much to the extent that the contractor was acting as the agent, the owner, in selecting

    38 min of audio
  • Oral argument — United States v. Cooper

    Oral argument · Oral argument · Dec 6, 2021

    And my position is that the definition of person under the Social Security Act does not encompass limited liability companies. … And so for those reasons, the government believes that Count 18 should be sustained under the plein air standard, but also under a de novo standard if the court believes that it should be reviewed that

    39 min of audio
  • Oral argument — NORTHROP CORPORATION v. United States

    Oral argument · Oral argument · Apr 6, 2012

    And the court said, look, we have, you know, it's clear that the IRS kept an open mind when it considered the comments received during the comment period so there's no APA violation. … So there's no evidence that the IRS kept an open mind because we don't have that final regulation that came after the notice and comment period which shows us that the IRS, after receiving the comments

    40 min of audio
  • Oral argument — Aaron Senne v. Kansas City Royals Baseball

    Oral argument · Oral argument · Jun 13, 2018

    And spring training is part of the Fair Labor Standards Act collective that was certified by the judge. … Or for clear air? It's reviewed for abuse of discretion. But a piece of that is whether or not he did commit an error of law.

    48 min of audio
  • Oral argument — INGENCO Holdings, LLC v. ACE American Insurance Company

    Oral argument · Oral argument · Jun 12, 2018

    And to me, when you go down the path of trying to create this sort of artificial construct of externality based upon where the gas comes from, where the air comes from, where the steel comes from, you … If this were some freak event that nobody could possibly have guarded against, prevented, designed for, tested, whatever, just literally the equivalent of an act of God, the set of circumstances that coalesced

    41 min of audio
  • Oral argument — In re Marriage of Eastburg

    Oral argument · Oral argument · Jun 7, 2016

    So it would be for the pay period, for the over-withholding for the periods in October and November, I guess half of October, November and December. … And Section 510 of the Dissolution of Marriage Act says explicitly, no. And for the 21 years I've been practicing, it has said, no.

    46 min of audio
  • Oral argument — Brooke Henderson v. Springfield R-12 School District

    Oral argument · Oral argument · Feb 15, 2024

    What did it mean when it said in the materials that if people didn't act professionally, then they'd be asked to leave and denied credit for the training? What does it mean to act professionally? … I didn't know that you perceived my comment as derogatory, but you did. It's the same thing. And so I could be accused of discriminating.

    43 min of audio
  • Oral argument — Eryon Luke v. CPlace Forest Park SNF, L.L.C.

    Oral argument · Oral argument · Aug 2, 2017

    After expressing her willingness and desire to work, her employer denied the accommodation in violation of the Pregnancy Discrimination Act. … Your earlier comments, Judge, that there can be subsets of women, and Ms. Luke was an individual who had twins who had received a doctor's note saying that she could not lift more than 30 pounds.

    42 min of audio
  • Oral argument — People v. Mims

    Oral argument · Oral argument · Sep 8, 2010

    And based on his comments, it seems that he misunderstood the law of self-defense because Illinois case law is clear that you are not required to flee if you feel that you're threatened with deadly force … cites in the interest of SM, in that case, it's completely not analogous to the case of Barr, because in that case, there was four-on-one, the defendant tried to flee, he then fired a warning shot in the air

    28 min of audio
  • Oral argument — Youngv.Martin, et.al

    Oral argument · Oral argument · Oct 29, 2014

    And the two guards that are next to him over a period of about four minutes seem to be chatting with each other and joking and laughing during that period. Oh, with each other. … It also relates to other bad acts at other places by other people, not my clients. And as a result, it would be unduly prejudicial in the form of the other bad acts evidence.

    72 min of audio
  • Oral argument — Rose v. Wilkie

    Oral argument · Oral argument · Apr 30, 2018

    And everybody else whose claims were already pending, you're suggesting that Congress should have stepped in and said, okay, you have to devote all your resources to cleaning up your backlog. … The rant letter you offered him gives him nothing that would expedite his BVA decision from the period of time when it has been certified to the period of time when there will be a decision.

    74 min of audio
  • Oral argument — Center for Biological Diversit v. Ken Salazar

    Oral argument · Oral argument · Jun 28, 2012

    Seismic is your towing air guns. That has to be done in open water. I understand that what they have as part of their equipment is icebreakers. … But looking out to any five-year period, you don't know where the activities are going to occur. You don't know what the circumstances are going to be.

    53 min of audio
  • Oral argument — United States v. Alba

    Oral argument · Oral argument · Jan 13, 2023

    This appeal presents an opportunity to clarify the law governing sentence reduction motions under the First Step Act. … He had maintained a clean disciplinary record. And there was no response on that point from the district court.

    42 min of audio
  • Oral argument — Estate of Clemente Najera Aguirre v. County of Riverside

    Oral argument · Oral argument · Sep 17, 2024

    So, of course, the issue I was focusing on was threat, and I know there's some different views as to whether he posed a threat, depending on what period we're talking about. … They warned him and he raised the sword in the air and made loud growling and roaring noises and continued to advance. Yes. In this case, Mr.

    50 min of audio
  • Oral argument — United States v. Michael Lindsay

    Oral argument · Oral argument · May 14, 2018

    And we don't think it was air for the PSR to propose grouping here. It is the guidelines contemplate doing it in a more direct way, but it actually doesn't change the result in this case. … I'll try to make one point each regarding my colleague's comments. One, the importance of the Foreign Commerce Clause can't be understated in this case.

    32 min of audio
  • Oral argument — United States v. Jonathan Cruz-Ramirez

    Oral argument · Oral argument · Dec 4, 2018

    Wade, Justice Brennan quoted Justice Frankfurter's comment and observation that the identification of strangers is proverbially untrustworthy. … I was informed by trial counsel that it sucked the air out of the room.

    75 min of audio

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