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

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  • Oral argument — Anatolie Stati v. Republic of Kazakhstan

    Oral argument · Oral argument · Nov 28, 2018

    There was a mailing, and the mailing said, file an answer, and the answer should contain comments on two things. … There's a comparable provision, believe it or not, in federal contracting law under the statute called the Miller Act.

    29 min of audio
  • Oral argument — Billings Clinic v. Eric Hargan

    Oral argument · Oral argument · Dec 15, 2017

    Hargan Acting Secretary, U.S. Department of Health and Human Services Mr. Collins for the appellants, Ms. Foster for the appellee Ms. … Costs divided by charges from the same fiscal period. But the Secretary's model used charge data from the most recent period and paired that up with cost data from four earlier fiscal periods.

    51 min of audio
  • Oral argument — 84Partners, LLC v. General Dynamics Electric Boat

    Oral argument · Oral argument · Dec 14, 2022

    That was the subject of a False Claims Act case. … Like, she sort of knows that the fraud is consistent throughout the whole period.

    59 min of audio
  • Oral argument — Village of Bolingbrook v. Illinois American Water Company

    Oral argument · Oral argument · Jun 5, 2018

    And voluntary and involuntary dismissal are fundamentally different in this context because the one is part of the inherent authority of the court to make sure that its docket is clean of orders that are … of limitations by filing a nullity in the circuit court and then voluntarily dismissing it and using that to bootstrap a case back later into the circuit court saying, well, I'm within the limitations period

    50 min of audio
  • Oral argument — NLRB v. VCNCL, L.L.C.

    Oral argument · Oral argument · Jul 6, 2016

    And they didn't give you notice, employer notice, and the comment was made that—objecting to that and concluding with saying that that's not protected. I don't believe that's a protected act. … Well, the employees are protected in many ways by the National Labor Relations Act. Unless there is a protection on the act, however, the employees do not have the protection of that act.

    34 min of audio
  • Oral argument — Emerald Coal Resources v. Ronald M.Hoy

    Oral argument · Oral argument · Jun 26, 2015

    First of all, the inspections on September 22, 2011, under the 103G, weren't about the time period that Hoy and Franks said the violations occurred. … They acted how Congress and the Mine Act would expect them to act.

    58 min of audio
  • Oral argument — Mi Familia Vota v. Ogg

    Oral argument · Oral argument · Jul 12, 2023

    There was the Air Evac case that involved rate-setting issues, and the defendants in the case were shown to have some involvement in that rate-setting process. … There is no Fifth Circuit case, period, where this Court expressly says, yes, we have collateral order doctrine jurisdiction over a claim-specific immunity defense that will not remove a litigant from

    41 min of audio
  • Oral argument — United States v. Ta

    Oral argument · Oral argument · Jan 25, 2019

    Department of State Act of 1998. The act was signed by the U.S. Department of State, which is the first of its kind in the history of the United States. The act was signed by the U.S. … And so the Acting Secretary didn't need to say any more than that. The Acting Secretary said, I think, that DACA is unconstitutional.

    98 min of audio
  • Oral argument — Reed v. Town of Gilbert

    Oral argument · Oral argument · Jan 12, 2015

    It has 50 days or whatever the period of time is? Yes, according to the code. But what's interesting, that time period can be anything the town desires. … quieter and for less periods of time.

    59 min of audio
  • Oral argument — Greater Yellowstone Coalition v. State of Wyoming

    Oral argument · Oral argument · Mar 7, 2011

    And all you have to do there is publish notice in the Federal Register, and the species will be placed back on the list for a period of 240 days, while the service then follows the notice and comment rulemaking … That was the comment? The response to comments? It was in response to comments. Yeah. Well, that's not Chevron deference. We don't afford Chevron deference to comments.

    64 min of audio
  • Oral argument — Westlands Water District v. Hoopa Valley Tribe

    Oral argument · Oral argument · Feb 9, 2004

    Unfortunately, however, by that time, the NEPA public comment period was closed, so the public never had the chance to consider whether the measures would work and whether they might cause more harm than … He also refers to the 1984 Act, the Fish and Wildlife Management Act.

    42 min of audio
  • Oral argument — Developmental Disability Services of Metro East v. Illinois Dept. of Human Services

    Oral argument · Oral argument · Oct 29, 2019

    and publication and approval by the federal government And so forth, and rather than duplicate that whole process in a notice and comment period In Illinois, they just said, you don't have to do it, it's … comment procedure Of the IAPA Refer it to JCAR Have another notice and comment period And finally promulgate a rule Which they didn't do The state says they were following different regulations I don't

    50 min of audio
  • Oral argument — Mike Winn v. Nancy A. Berryhill

    Oral argument · Oral argument · Feb 15, 2018

    And I think that is inconsistent with the comments starting with Dr. Parker, the next surgeon, the EMG NCS from the neurologist, and the comments from Dr. … I am John Fox and I am here on behalf of the Acting Commissioner of Social Security, Nancy Berryhill.

    27 min of audio
  • Oral argument — JTH Tax LLC v. Agnant

    Oral argument · Oral argument · Oct 25, 2022

    We're told we need to clean up our act about making sure that we've dotted every I and crossed every T, especially about Schedule Cs. And she made numerous mistakes on Schedule Cs. … And you just said, well, this was in effect for a period of time.

    85 min of audio
  • Oral argument — Barnes v. Dart

    Oral argument · Oral argument · Jan 10, 2023

    So you think your position is that the mayor board abused its discretion or didn't have aired, whatever the terminology is, in discharging a law enforcement officer who has this relationship and is actually … They also failed to provide notice of a 48-hour period prior to any such meeting. And the executive director for the Board did confirm that there was no such meeting. So again, I think it is in Mr.

    41 min of audio
  • Oral argument — Michael Drakeford v. Tuomey

    Oral argument · Oral argument · Oct 31, 2014

    But the equitable damages award didn't come out of thin air. … So he was not asked to comment at all or give any thoughts as to whether he thought this process was proper? No, that's not quite right.

    54 min of audio
  • Oral argument — Malik v. DHS

    Oral argument · Oral argument · Jun 5, 2023

    So there's a period of time where Mr. Malik's alone in that room with the phone. … Certainly that would violate the Privacy Act.

    41 min of audio
  • Oral argument — Karen D'Onofrio v. Vacation Publications, I

    Oral argument · Oral argument · Oct 4, 2017

    Air Starter Components was very similar, very on point. In that case, the claimant tried to gain the revenue from 100% of the defendant's sales. … There was one period of time that Mr. D'Onofrio was on a trip for his work.

    37 min of audio
  • Oral argument — In Re: Teladoc Health, Inc. Securities Litigation

    Oral argument · Oral argument · Mar 18, 2026

    Gorevic spoke about full integration, when in fact, in their view, it was only partial, that he knowingly or recklessly acted with intent to deceive shareholders. … Why did you – I'm curious why you put those in air quotes. The product issues? Yeah, I mean, that seems like it goes to the heart of what this is about. Is that an ambiguous term or something?

    37 min of audio
  • Oral argument — Brown v. Salcido

    Oral argument · Oral argument · Sep 19, 2025

    Air California, and the Court does impose a fairly demanding standard on interveners in that situation. … So what you're presented with is the district court looking at what the district court was being told acted entirely appropriately. I think even they sort of, by changing their...

    31 min of audio

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